Anaheim is known for being bike-friendly and has over 60 miles of bikeways. However, with over 20 million visitors annually, it’s little surprise there are thousands of traffic accidents in Anaheim each year. If you sustained serious injuries in a bicycle accident caused by another person’s negligence, it’s crucial to consult with an experienced attorney. At Katella Injury Attorneys, we can help you hold the negligent party accountable for your injuries and losses. Read on to learn more about liability in a bicycle versus auto accident.
Determining Fault in Bicycle vs. Car Accidents
Determining liability in a bicycle-vehicle collision can be complex. Adherence to traffic laws, road conditions, and eyewitness testimony are all crucial factors in determining who was at fault. In many cases, the driver of the motor vehicle is held to a higher standard of care because cars pose a greater risk to cyclists due to their size and speed.
However, if the cyclist violated traffic laws or acted negligently, they could be held partially or fully liable. Liability is not always straightforward and typically requires a thorough investigation.
Duty of Care for Drivers and Bicyclists
Both drivers and bicyclists have a legal duty of care. According to the duty of care, drivers must operate their motor vehicles in a reasonably safe manner to avoid collisions and injuries. Therefore, motorists must obey traffic laws, follow speed limits, and check for bicyclists, especially when turning or changing lanes.
Bicyclists must obey traffic signals, ride in designated bike lanes when available, and signal their intentions. When a duty of care is breached, such as when a driver fails to yield to a cyclist, they may be found negligent.
Pure Comparative Fault in California
California follows a pure comparative fault doctrine when determining liability in personal injury cases. Under this rule, the plaintiff and the defendant may be assigned a percentage of fault for the traffic accident.
Each party may be able to recover damages in a personal injury claim, though their compensation will be reduced by their degree of fault. For example, if a bicyclist is found 20% responsible for the collision, they can recover 80% of their losses. Therefore, if the cyclist’s losses are $100,000, they may recover $80,000.
California Bike Laws
Collisions between cars and bicycles are extremely dangerous, even at low speeds. Bicycle riders have no protection against a motor vehicle and often sustain severe injuries in a crash.
It is crucial for all bicyclists and motorists to understand and adhere to California’s bike laws. Violations of these laws can significantly impact liability in a bicycle versus auto accident case.
California Vehicle Code 21200
California Vehicle Code 21200 states that bicyclists have the same rights and responsibilities as motor vehicle drivers. This means that bicyclists are expected to obey all traffic signals, signs, and lane markings. Bicycle riders must also ride travel in the same direction as traffic.
Just as drivers must signal before making turns, bicyclists must also signal their intentions when changing lanes or turning.
California Vehicle Code 21202
Under California Vehicle Code 21202, bicyclists must ride as close to the right side of the curb or edge of the road as possible, except in certain situations. These exceptions include when the bicycle rider is preparing to turn left or avoiding obstacles like parked cars or road hazards. Bicyclists may also “take the lane” to pass other cyclists.
However, if a bicyclist veers into traffic unnecessarily and causes an accident, they may be held liable for violating this rule.
California Vehicle Code 21760
California Vehicle Code 21760, also known as the “Three Feet for Safety Act,” requires drivers to maintain a minimum distance of three feet when passing a bicyclist. This law, effective January 1, 2023, is designed to protect bicyclists from being sideswiped or knocked off their bikes by passing vehicles.
If road conditions prevent the driver from maintaining at least 3 feet of space, the driver must slow down and wait until it is safe to pass.
This law also helps bicyclists who may need to stop on the shoulder or bike lane for safety reasons. If a negligent driver fails to maintain this distance and causes an accident, they could be found at fault.
What to Do After a Bicycle Accident
If you’re involved in a bicycle accident, it’s crucial to follow these steps:
- Get to safety: If possible, move to a safe location out of the path of oncoming traffic. Check yourself for injuries and seek medical care immediately.
- Call the police: Report the bicycle accident to law enforcement. The police will document the scene and include any citations issued to the motorist on the police report. Ensure you get a copy of the police report for your records.
- Exchange information: Obtain the driver’s name, contact information, and insurance company details. If there are witnesses, get their contact information and ask if they are willing to provide a statement.
- Document the scene: Take pictures of your injuries, the accident scene, skid marks, broken glass, and any property damage to your bike and the vehicle(s) involved.
- Seek medical attention: Even if you don’t feel hurt, ensure you get checked by a medical professional. Your doctor can identify any latent injuries and prescribe a treatment plan for your recovery. Ensure you follow the treatment plan and document your injuries.
- Contact an Anaheim bicycle accident attorney: If you sustained a serious injury in a bike crash, it’s crucial to consult with an experienced attorney who can help you seek compensation from the liable party. Set up a free consultation with an Anaheim bicycle accident lawyer to understand your rights and learn more about your legal options.
Compensation Available in a Bicycle Accident Claim
According to the Consumer Product Safety Commission, there were 405,411 emergency department-treated injuries associated with bicycles in 2022. The number of preventable bicycle deaths increased in 2022 by 10% and has increased by 47% in the past 10 years. Victims of bicycle accidents may be able to seek economic and non-economic damages, including:
- Medical expenses: This can cover current and future medical costs related to injuries sustained in the accident.
- Lost wages: Bicycle accident victims may recover compensation for time missed at work while recovering from their injuries.
- Pain and suffering: This includes compensation for physical pain, mental distress, and emotional trauma.
- Property damage: Accident victims may recover compensation to repair or replace their damaged bicycle and personal belongings.
- Loss of consortium: These damages address the negative impact the accident may have had on your relationship with a spouse or family member. This can include loss of love, affection, care, support, comfort, and guidance.
- Permanent disability: If the bike accident results in long-term or permanent disability, victims may pursue compensation for ongoing medical care, assistive devices, and the loss of quality of life.
Contact an Experienced Bicycle Accident Lawyer
If you’ve been involved in a bicycle vs. car accident, navigating the complexities of liability and insurance claims can be overwhelming. At Katella Injury Attorneys, an experienced bicycle accident lawyer can guide you throughout the legal process, help you gather evidence, and negotiate with insurance companies on your behalf.
Whether you are dealing with severe injuries, property damage, or a dispute over liability, having a personal injury attorney on your side can make a huge difference in the outcome of your personal injury claim. Contact our Anaheim law firm today for a free consultation, and let us fight for the compensation you deserve. Call us for a free case review today.