Who is responsible for when Bicyclists hurt other people? Who bears responsibility when a Bicyclist is injured in public California park?
Not into video? The transcription is below.
Hello, this is Attorney Tahnya Ballard today with a little bit of a selfie video. If you look behind me I think you can figure out where I am right now pretty easily (San Francisco Golden Gate Bridge), and there are recreational areas like this all across California and Nevada that are mixed use trails where there are bicyclists and people walking, pedestrians, people on scooters, people with baby strollers, all kinds of ways for people to traverse the trail.
What I want to talk to you about today is the absence of accidents. Don’t get in one! I hate it to be said that all I ever talk about is accidents, but just try to be careful, especially when you’re out here. When people are enjoying themselves, they are not really paying attention, nor necessarily should they be paying attention. They are just out here to enjoy nature. If you are on a bike, chances are you are the fastest person on the trail. You need to take extra precautions.
Can you be liable for accidents out on a trail, if you are a bicyclist? Absolutely you can. If you are a homeowner, your homeowner’s insurance might cover something like that. But you need to give people a wide berth, taking into consideration that somebody like a child might take off and start running. Someone might fall down, or they just might decide to change directions, so you need to be aware of those kinds of things so that you do not hit somebody.
Also, wear your helmet. Make sure your brakes are in good working condition. There’s another thing about trails, especially in California, there is some immunity by the government for suing them for the way the trails are made or lack of signage. It’s called trail immunity. It does not always apply. There are exceptions to that. If you have been in an accident and you think it has something to do with the way the trail was made, do contact us. We can talk to you about that and go through some of the immunity factors that might exist and see if it is something worthwhile for you to pursue.
Otherwise, if you get in an accident and it’s your fault, I probably would not represent you. You have your insurance company to do that. So safe riding out there, safe walking out there. Again, this is Attorney Tahnya Ballard with Injury Claims TV. Give us a call if you have any questions. You have our number. . We look forward to hearing from you if you need us. Hopefully, you will not need us.