Pomona accidents involving drunk drivers are significant in the said area, as there were 88 victims killed and injured in alcohol-related crashes and 270 DUI arrests in 2021 alone.
Generally, the drunk driver who causes the collision must be liable for the damages. So, if you rode a bike while impaired and caused a collision, you can’t file a Pomona accident claim for injuries. However, if the other driver also committed a violation, contributing to the bicycle crash, you may receive a reduced settlement for your injuries.
Read more to learn about biking while under the influence and how it affects your Pomona accident claim for injuries.
How Dangerous is Biking Under the Influence?
Similar to drunk driving, cycling under the influence (CUI) is as dangerous and risky as this action may result in catastrophic injuries and even death.
Did you know that riding a bike is more than twice as likely to cause death as driving a car? According to a study led by Centers for Disease Control and Prevention epidemiologist Laurie Beck, aside from having twice the chance of getting injured in a traffic collision, riding a bike is also 500 times more deadly than taking a bus. So, the combination of lack of structural protection and biking while under the influence stresses a much more significant risk of being involved in a collision.
Riding a bicycle while intoxicated puts the rider and other drivers at grave risk. This is because alcohol affects an individual’s ability to operate a vehicle by impairing their judgment, response time, and coordination.
Several alcohol-induced effects may contribute to a cycling accident, including:
- Impaired vision
- Delayed reaction times
- Drowsiness
- Diminished concentration
- Overconfidence
- Compromised fine motor skills and balance
Impaired riders are more prone to veer suddenly, lose control of their bikes, and get into collisions. Moreover, impaired bikers run a higher danger of colliding with cars, pedestrians, and other bicycles when they disregard traffic signals. All things considered, riding a bike while intoxicated significantly increases the risk of collisions and harm to other drivers.
Biking and Alcohol: Is There a Law in California?
According to California Vehicle Code §21200.5, it is unlawful to operate a bicycle on a highway while under the influence of drugs, alcohol, or a combination of both. This means that to be guilty of this violation implies that:
- You were riding a bicycle
- on a highway
- while under the influence of drugs, alcohol, or both
As such, the law states that a “bicycle” or “cycle” is defined as a human-powered object, typically with one or more wheels, propelled through a belt, chain, or gears. Note that this definition excludes motorized bikes. Additionally, a “highway,” per this code, refers to any public road or street, excluding freeways where cycling is generally prohibited.
Moreover, violating the said law may result in legal consequences of a fine of not more than $250. In some cases, you may be free of this violation if you can argue that if you are not impaired, you ride your bicycle on a private roadway, or the police do not have probable cause to stop or arrest you.
Note that the law does not specify a legal Blood Alcohol Concentration (BAC) limit for cycling under the influence, as it does for driving under the influence. Instead, charges in such cases typically rely on personal observations of impairment, including signs such as slurred speech, bloodshot eyes, the smell of alcohol, and others.
However, individuals arrested for cycling under the influence have the right to request a chemical test of their blood, breath, or urine to determine their alcohol or drug content. If requested, the arresting officer must conduct the test as per the individual’s rights.
Can a Drunk Bicyclist File a Pomona Accident Claim for Injuries?
Although bicyclists have the legal right to pursue compensation for the injuries suffered in collisions, this may become complicated when the rider is intoxicated. Riding a bicycle while under the influence of alcohol or drugs is prohibited in Pomona, as it is in many other places
Negligence in Bicycle Accidents
In traffic accidents, the party who acts negligently and causes a crash must be responsible for covering the damage expenses of the victims involved. In such an instance, the victim may file a personal injury claim to receive compensation for the damages.
If you are involved in a Pomona accident, you may pursue a case by demonstrating negligence:
- The other party was responsible for ensuring everyone’s safety.
- They neglected this duty.
- The breach resulted in an accident.
- The crash caused injuries and damages.
For example, you were bicycling on the bicycle lane when a drowsy driver veered toward you and caused you leg injuries. In this circumstance, the driver had the duty to follow traffic laws to ensure your safety but failed to do so as they were fatigued while driving. As a result, they caused you injuries in the collision. Hence, they must be liable for your damage costs.
On the other hand, if your CUI violation resulted in a car accident, you may be accountable for the crash. This means that you won’t have the right to compensation. Instead, the other party may file a claim against you.
Comparative Negligence
Your ability to successfully pursue a Pomona accident claim may be impacted if it is discovered that you were under the influence at the time of the collision. However, if the crash results from the other driver’s negligence aside from yours, you may still pursue a case for the crash.
Under California’s comparative negligence statutes, a drunken cyclist may still be eligible for partial compensation, even if they bear some blame for the collision. Note that while you have the right to compensation, it may be reduced depending on how much you contributed to the crash.
For instance, a drunk driver hit you while riding home. During the investigation, the authorities discovered that you were also impaired during the crash. Since the driver was primarily responsible for the collision, the court decided they were 70% responsible. In such a circumstance, you may receive 70% restitution.
Remember that in pure comparative negligence, either party may file a claim if they partially contributed to the crash. This means that the other driver can contend for a 30% settlement. This is why it is crucial to immediately contact a bicycle accident lawyer who can assess your case’s facts and devise an effective strategy to win your claim.
Lawyer’s Tip: You can receive compensation for several damages, including financial and non-financial losses. It is best to contact a bicycle accident lawyer who can quantify such damages and negotiate for maximum compensation.
What Insurance Applies If a Cyclist is Liable for a Crash?
Your home and personal belongings, including your bicycle, are financially protected by homeowner’s or renter’s insurance. Aside from the personal liability coverage for medical costs and property damage caused to third parties, this insurance usually covers:
- personal properties such as gadgets, furniture, and bicycles
- extra living expenses and medical bills for injuries received by others, no matter who is to blame.
Remember that some bicycle owners choose to have this insurance even if it is not necessary in California. So, if you decide to use a bicycle as a means of transportation in Pomona, it is best to obtain such insurance to cover your financial responsibility in case of a bicycle accident.
On the other hand, the other driver’s auto insurance may cover your damage expenses if they are partly responsible for the crash. It is highly recommended that you seek assistance from an experienced bicycle accident lawyer who can determine the best legal actions depending on the circumstances of your case.
Do I Need a Bicycle Accident Lawyer for My Pomona Accident Claim?
It is challenging to handle a Pomona accident claim if you are guilty of cycling under the influence violation, regardless of whether the other driver was also at fault. Usually, their insurance provider will find a way to highlight your violation to reduce your settlement significantly or dismiss your claim altogether.
A Pomona accident lawyer can protect your rights by gathering evidence to prove the other driver’s liability and negotiating with the insurance provider. They can also undertake the following measures to improve the likelihood of a favorable claim outcome:
- Collecting evidence to strengthen the case.
- Assessing liability of the responsible party.
- Evaluating the full extent of damages incurred.
- Engaging with the insurance provider on your behalf.
- Initiating legal action if necessary.
Why Choose Pomona Accident Lawyers from Jacoby & Meyers
At Jacoby & Meyers, our unwavering dedication to assisting accident victims in attaining the justice they rightfully deserve remains unwavering. We are committed to serving our communities by facilitating access to essential medical care for those impacted by accidents.
Our legal team has developed an efficient process to ensure that you are well informed about your legal rights and receive the justice you deserve:
- Maintaining transparent and open communication throughout the entirety of your case.
- Skillfully negotiating with insurance companies to secure fair and just compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Addressing any additional concerns related to your accident to alleviate your worries.
- Protecting your legal rights by establishing liability, assessing the extent of damages, and vigorously advocating for your claim.
We offer a free consultation where you can receive legal guidance from our team of Pomona accident lawyers. To explore your legal options, reach out to us at 800-500-0000.
Jacoby & Meyers. Because Everyone Deserves Justice.
Hear From Our Past Clients
While numerous law firms may make comparable assertions, we can provide robust legal assistance to our clients. Consequently, we urge our past clients to share their positive experiences utilizing our legal services.
“The team was outstanding. I was more than satisfied with their work. You can be sure that they’re working hard for you. 1st choice, best choice. 100% recommend.” -Cecilia
Frequently Asked Questions
Do you have further questions regarding bicycle accident claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- Bicycle Accident FAQs and Advice
- How Can Poor Bicycle Maintenance Affect A Traffic Accident?
- Who Can Be Held Liable For A Bicycle Accident?
- Can I Receive Compensation for an Accident Caused by an E-Bike Fire?
Works Cited
OTS Crash Rankings Results. Accessed 27 March 2024.
“California Vehicle Code §21200.5.” California Legislative Information.
“comparative negligence | Wex | US Law | LII / Legal Information Institute.” Law.Cornell.Edu. Accessed 27 March 2024.
Dingfelder, Sadie. “How safe is bike commuting? Perhaps less than you think.” The Washington Post, 12 May 2016. Accessed 27 March 2024.
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