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Bicycles share the road with motor vehicles, creating a potentially dangerous traffic dynamic. But motor vehicles are not the only things that add the potential to cause injury to a cyclist on the road. Poorly maintained roadways, wildlife, or even pedestrians can be the cause of an accident involving a cyclist. If you’ve been injured in a cycling accident, it’s important to understand your rights and responsibilities under the California legal code.
While the laws surrounding vehicles and bicycles are similar, as those who operate bicycles are subject to a lot of the same rules as those who operate motor vehicles, there are some key differences. For one, cyclists are much more likely to be seriously injured or even killed in an accident than are motor vehicle operators. Injuries can include anything from broken bones to serious head traumas and death.
People generally do not think of bicycles and lawsuits as a usual combination. After all, we bike for leisure, exploration, exercise, and sometimes to save on gas; seems innocent enough. However, as cities become more populated, traffic starts to increase. The number of bikers sharing the road with cars and buses has increased dramatically in recent years. With more bikers on busy streets, the chances of an accident have shot up exponentially. It’s also unusual for bikers to carry insurance to cover liability. However, you still have legal options if you feel you were a victim of a biking-related accident. Learn more about the nature of biking and car-related accidents and how experienced attorneys can help you.
An accident investigation will review the parties involved and start to uncover who may be at fault.
California’s legislation includes the California Vehicle Code. Bicycle legislation is outlined in California Vehicle Code VC 21201. This legal code contains the guidelines regarding the rights and responsibilities for cyclists.
Knowing if you have a case can rely heavily on knowing your rights and responsibilities as a cyclist. Therefore, we will discuss some of the rights and responsibilities of cyclists.
There are also regulations in place outlining what equipment is required in order to maintain legal compliance when riding.
Here are some of the important rules to keep in mind as a bicyclist:
Let us take a look at some recent trends in bicycle accidents around the Los Angeles area to help further explore the legal concepts regarding this topic that we have been discussing.
The Los Angeles area has seen some interesting trends in traffic incidents. Overall, the total number of traffic-related deaths fell in recent years. This could be seen as a result of initiatives introduced to address the problem of rising traffic incidences in recent years – and it seems to be working, slowly. Unfortunately, that doesn’t mean the roadways are now immune from injury-causing accidents.
Recently, the City Council of Los Angeles awarded a $7.5 million settlement to a cyclist who was seriously and permanently injured. In this particular case, the cyclist was riding in a bike lane, with all appropriate and required safety gear, and was thrown from his bicycle after hitting an obstruction in the path. The crash was the result of negligent road care and as a result, the cyclist was able to file a suit against the city for creating a dangerous situation – one that had been reported but remained unaddressed.
Yes, under California law you would have the right to pursue a wrongful death lawsuit.
The Governors Highway Safety Association says that California has the highest rate of bicycle fatalities. Over 300 cyclists died in accidents involving motor vehicles in California between 2010 and 2012.
Compensatory damages for bicycle accidents follow California’s legislation for personal injury lawsuits.
Never, ever admit fault after an accident. Even if another party is trying to get you to do so, don’t do it. After an accident, an investigation will take place, and that will help determine potential fault. In most accidents, both parties share in the responsibility, though not all. Juries can still award damages even to a party who is considered to be at partial fault.
Yes. In the past couple years, multiple lawsuits have been brought before the courts due to poor road conditions resulting in serious, traumatizing injuries to bicyclists. These lawsuits have been awarded multimillion-dollar settlements for serious, life-altering injuries.
Call 9-1-1, report everything to the best of your ability, get proper medical attention, and keep thorough records.
By now you may be realizing that while biking seems like a simple exercise, it carries a lot more liability and risk than we might think. A qualified attorney can help advise you on topics such as:
If you believe you were involved in an accident that was not your fault, give us a call. Our free consultation will advise you as to whether or not you have a case. Let us work with you to explore your options; you may have more resources and insurance coverage than you realize. Your quality of life should not be affected just because you went about your day and then got into an accident; something out of your control. Your pain and suffering – whether it is financial, physical or emotional – are worth something, and we will pursue it. As always, there is no risk to you; if there is no settlement, there is no fee. We believe in your case and will not stop fighting for the best possible financial outcome for you.
