What if he was riding down a canyon road in that area and went off the side because the turn was tight. Shouldn’t the cyclist have just slowed down and ridden the road safely?
Why is the debris in the road different? The road cannot be 100% free of all types of obstacles. Why isn’t the cyclist responsible for riding unsafely?
Note: sort of devils advocate here, I’m not sure how I feel about this.
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Originally Posted by ptourkin
California is no longer a contributory negligence state, however the jury (or judge) still considers comparative fault which can impact damages.
Regardless, I'm not sure of your point - if he hadn't been riding his bike at all, he wouldn't have been hurt. Because of the city and Caltrans' negligence he had to make a split second decision to swerve, which put him outside the area the signage told him to ride. Topanga is hilly. Do you know how much time he had to make that decision?
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