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It is impossible to answer how cyclists are responsible for road accidents, as data on how much negligence and responsibility is not typically published. There are many mistakes a cyclist can make in an accident with a car that could result in their culpability in an accident with a motor vehicle. There are many bicyclist accidents on the road every day in America, and two percent of car crashes include a cyclist.
In 2019, 843 cyclists were killed after a collision with a motor vehicle. Additionally, in 2019, there were 308,864 injuries resulting from crashes involving bicyclists and motor vehicles. Between medical expenses and lost wages, the costs to cyclists exceed $10 billion annually. California is a no-fault state with negligence laws that allocate financial responsibilities based on who causes a crash.
When determining if cyclists are responsible for road accidents, the answer will be unique to every case. Our California personal injury firm has years of experience assisting individuals with a wide range of accident cases. We are dedicated to serving every client with care and respect.
If you have been in an accident with a cyclist or are a cyclist and have been in an accident, our team is ready to offer legal guidance. Call our California bicycle accident attorneys at (888) 488-1391 for a free initial consultation of your case.
Bicycle Traffic Law
Many laws stipulate what a bicyclist can and can not do on the roads. When an accident involving a motor vehicle occurs, these laws will be examined to determine who is at fault. Many laws for cyclists are similar to regulations for car drivers, but there are a few rules of the road that cyclists should pay particular attention to, which are specific to them.
California Vehicle Code 21202 stipulates that cyclists are required to ride as close to the side of the road as possible, unless they are traveling at the same speed as traffic. In that case, cyclists can ride wherever they want to. If there is a bike lane, the cyclist must ride in it unless they are making a left turn, according to California Vehicle Code 21208.
All vehicles must ride on the right-hand side of the road, not just cyclists, according to California Vehicle Code 21650. This practice is called riding with traffic. Cyclists may ride on sidewalks in some jurisdictions, but you can not take your bike on the freeway. Check with your municipality to determine if cyclists are allowed on the sidewalk.
A cyclist riding on a sidewalk might be involved in a crash with a car. It is uncommon for the cyclist to be responsible, but it is possible in some situations. For example, a vehicle leaving a mall or major parking lot and encountering a cyclist passing in front of it could result in an accident. Responsibility in a situation such as this would be determined after a thorough investigation of the claim.
Car Crashes: When Is It The Bicyclist’s Fault?
If a cyclist breaks a traffic law and causes an accident, they may be responsible for the damages. Each case will be reviewed based on its specific facts. While liability depends on the facts, courts often focus on whether the driver of the motor vehicle acted with reasonable care. Several types of negligence rules are applied when assigning liability in a car accident or a cycling accident.
Those rules are contributory negligence laws and comparative negligence laws. These laws will be used to determine the amount of a settlement or damages in a crash between a car and a cyclist. This determination is not something you can choose on your own because other parties are not often amenable to accepting liability.
A personal injury lawyer can help you pursue compensation for your medical expenses, lost wages, and other losses. The team at Arash Law knows the challenges of working with another party after a car accident or a cyclist accident. We will advocate for fair compensation based on the specific facts of your case. Call our California car accident attorney team at (888) 488-1391 for a free case review.
When Bicyclists Are Negligent
When bicyclists violate traffic laws, they may share responsibility for accidents. However, fault determination involves analyzing all circumstances and applicable laws. Some of the common ways that cyclists are negligent include:
- Rolling through a stop sign or not stopping at all.
- Not using the bike lane.
- Riding against traffic.
- Riding on the wrong side of the street.
California law applies a modified duty of care standard for children in cyclist accidents, considering their age and developmental capacity rather than adult standards. These young individuals are not expected to understand and fulfill the reasonable duty of care when riding a bike. The drivers of vehicles would assume responsibility in an accident with a child who is a cyclist.
California Duty Of Care And Shared Fault
Drivers generally have a responsibility, or “duty of care,” to be reasonably careful on the road, especially when sharing it with cyclists. This is because driving a car requires a license and training, while riding a bike does not.
When operating a vehicle, drivers are held to a higher standard of reasonable duty of care under California Civil Code 1714. When drivers fail to meet this standard and an injury occurs, they can be held liable for negligence.
Defining Contributory Negligence
Contributory negligence refers to the amount of negligence a person has contributed to a situation that has resulted in injury or losses. If someone is found to be even one percent responsible or contributory to an accident or loss, they may not make any claim for damages at all.
States with contributory negligence include Alabama, Washington, D.C., Maryland, Virginia, and North Carolina.
Comparative Negligence
California is a pure comparative negligence state, which means that every person involved in an accident is responsible for a certain percentage of the damages. A cyclist can be held accountable for some portion of the damages if they have violated the law. For example, if the cyclist is found to be 10 percent responsible for an award worth $100,000 in their favor, $10,000 would be taken from their settlement.
Evaluating the level of negligence in an accident can be challenging and is typically handled by personal injury lawyers. They are dedicated to supporting your legal rights after a car crash. They stand by your side, explain your options, and will handle the negotiations on your behalf.
Disclaimer:
Every accident is unique, and the outcome in your case may be different depending on the facts and evidence. This example is provided for general informational purposes only and does not guarantee any specific result. For advice about your situation, please contact a qualified personal injury lawyer.
Contact A California Bicyclist Attorney Today
When you have been in a car accident as a cyclist or with a cyclist, the responsibility rules can be tricky. Our law firm has extensive experience working with the other party’s insurance representatives and lawyers to resolve liability issues. Regardless of who is at fault in the accident, you will likely incur medical costs and lost wages. We help victims navigate these complex cases and advocate for their interests. Contact our California bicycle accident attorney to schedule a complimentary initial consultation for your case by calling (888) 488-1391 or complete our “Do I Have A Case?” form here.
