Disabled drivers, like any other motor operators, have the duty to ensure everyone’s safety when driving on roads and highways. So, if they cause a bicycle accident resulting in injuries, they may be liable for the damages.
In this article, you will understand the traffic rules involving drivers with disabilities and what to do when involved in a bicycle accident with them.
How Dangerous Is Driving Involving Disabled Drivers?
Several factors affect the risk of driving, such as human errors and weather conditions. Unfortunately, this can affect anyone at any given time and place. However, the dangers become more apparent for disabled drivers.
While people with disabilities use adaptive technologies and car modifications to drive successfully, certain medical conditions may still affect a person’s ability to drive safely. When disabled drivers encounter physical challenges when driving, they may crash into others or abruptly stop on the roads.
According to the Insurance Institute for Highway Safety, each year, from 2016 to 2018, there were 566 fatalities, and 14,371 reported injuries in accidents on various roads involving a disabled vehicle, with visibility likely playing a role.
It’s essential to ensure that the right policies and procedures—like suitable training, adaptable vehicles, and regular assessments—are in place to reduce hazards and improve road safety. Public knowledge and comprehension can also contribute to developing a more welcoming and accommodating environment for drivers with disabilities.
Can People With Disabilities Legally Drive in California?
People with disabilities can legally drive in California.
The Americans with Disabilities Act safeguards people with disabilities from discrimination in employment and public services. According to this legislation, the Department of Motor Vehicles cannot refuse a driver’s license to an individual solely due to a disability.
Furthermore, the ADA mandates that public structures provide accessible parking spaces, which should be at least eight feet wide, accompanied by eight-foot loading zones, and include wheelchair ramps.
Regardless of a person’s disability, the DMV has set precise rules for determining if they are fit to drive. These recommendations consider factors like the kind and severity of the disability and the driver’s capacity for safe vehicle operation.
Aside from this, there are disabled vehicle requirements a disabled driver must fulfill to ensure their safety when driving, such as power steering, locks, seats, and windows.
How to Avoid Bicycle Accidents Involving Disabled Drivers
Bicycle accidents involving disabled drivers can be prevented by following safety protocols, being aware of your surroundings, and communicating with others. The following steps can help avert these kinds of accidents:
For Disabled Drivers
- Study and plan your route.
- Make sure you get enough sleep.
- Avoid driving at night.
- Allot enough time to get to your location.
- Make sure your vehicle is equipped with everything you need.
- Enroll in additional driving courses.
For Bicyclists
- Be aware of your surroundings.
- Use clear and visible hand signals to indicate turns and stops.
- Adhere to traffic signals and signs.
- Use appropriate lighting and reflective gear to enhance visibility.
- Minimize distractions.
Can I File a California Bicycle Accident Claim Against a Disabled Driver?
If a disabled driver caused the bicycle accident, resulting in your injuries, you may file a California bicycle accident claim to receive compensation. The fact that the driver is disabled does not absolve them of legal responsibility for their acts on the road. However, you must prove that their actions caused the accident in such instances.
Essentially, you may demonstrate a driver’s negligence through the following factors:
- The driver was responsible for ensuring that everyone was safe on the road.
- They failed to fulfill this duty.
- The breach of duty caused an accident.
- The accident resulted in injuries and other damages.
You Are Partially Liable for the Crash
You may still file a California bicycle accident claim if you are partly at fault for the accident.
In California, the court follows the legal principle of pure comparative negligence, allowing individuals to file accident claims irrespective of their degree of liability for the damages resulting from the collision.
For example, if you bear 30% responsibility for the bicycle accident, you can still seek 80% restitution. Conversely, the disabled driver has the right to pursue a case against you, seeking compensation for the 30% of damages attributed to your liability.
It is advisable to contact a California bicycle accident lawyer after the collision to protect your case. This ensures that appropriate actions are taken and the legal process is followed diligently to mitigate the risk of losing your case.
What Damages Can I Include in My California Car Accident Claim?
The compensation you can receive from bicycle accident claims is typically contingent on the extent of damages and how they impact your life. For example, if you sustain permanent leg injuries from the crash, your compensation should include the future costs of rehabilitation and the emotional distress you experienced.
Personal injury cases involve three primary types of damages:
Economic damages: These are quantifiable financial losses substantiated by bills, receipts, or pay stubs. Examples include:
- medical bills
- vehicle repair or replacement costs
- lost wages
- future loss of income
- and out-of-pocket expenses
Non-economic damages: These are non-monetary losses resulting from a severe accident, such as emotional distress or catastrophic injuries. Examples of non-economic damage include:
- loss of life enjoyment
- pain and suffering
- loss of consortium
- emotional distress
- Post-Traumatic Stress Disorder
- loss of love and companionship
Punitive damages: In specific cases where the court deems the other party especially negligent or malicious, punitive damages may be added to the bicycle accident claim. This additional monetary award serves as a punitive measure against the at-fault party.
Calculating non-monetary losses requires careful consideration of the case’s facts. A California bicycle accident lawyer plays a crucial role in evaluating potential damages, building a robust case, and advocating for a maximum settlement in your accident claim.
How Can a California Bicycle Accident Lawyer Help Me?
When a disabled driver hits you, you may double-think your decision to pursue a claim against them, thinking their disability may exempt them from their rights. However, drivers with disabilities have the same responsibility on the road as other drivers.
A California bicycle accident lawyer can help protect your legal rights by proving the driver’s liability. To enhance the chances of a successful claim, they can also take the following actions:
- Gather evidence to bolster the case.
- Determine the liability of the party at fault.
- Evaluate the complete scope of damages.
- Communicate with the insurance company.
- Commence legal proceedings if the situation demands it.
Why Choose Bicycle Accident Lawyers from Jacoby & Meyers
At Jacoby & Meyers, our unwavering commitment to aiding accident victims in obtaining the justice they deserve remains steadfast. We are dedicated to contributing to our communities by facilitating access to essential medical care for those affected by accidents.
Our legal team has streamlined a highly effective process to ensure that you are well-informed about your legal rights and receive the justice to which you are rightfully entitled. Our dedicated team of legal professionals delivers exceptional service by:
- You are maintaining transparent and open communication throughout the entire duration of your case.
- Skillfully negotiating with insurance companies to secure fair and equitable compensation on your behalf.
- Assisting in coordinating appropriate medical treatments as recommended by your healthcare provider.
- Providing support for any other concerns related to your accident to alleviate your anxieties.
- Safeguarding your legal rights by establishing liability, assessing the extent of damages, and fervently advocating for your claim.
We offer a complimentary consultation where you can receive legal guidance from California bicycle accident lawyers. To explore your legal options, contact us at 800-500-0000.
Jacoby & Meyers. Because You Deserve 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.
“Very helpful law firm. Adrianna Moltalvan was very much helpful and always answered any questions I had. Very happy with the service they provide.” -Alphonso
Works Cited
“Americans with Disabilities Act.” U.S. Department of Labor, https://www.dol.gov/general/topic/disability/ada. Accessed 23 January 2024.
“comparative negligence | Wex | US Law | LII / Legal Information Institute.” Law.Cornell.Edu, https://www.law.cornell.edu/wex/comparative_negligence. Accessed 23 January 2024.
“People with Disabilities.” California DMV, https://www.dmv.ca.gov/portal/driver-education-and-safety/special-interest-driver-guides/people-with-disabilities/. Accessed 23 January 2024.
“Stopped-vehicle crashes result in hundreds of fatalities per year.” IIHS, 3 June 2021, https://www.iihs.org/news/detail/stopped-vehicle-crashes-result-in-hundreds-of-fatalities-per-year. Accessed 23 January 2024.
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