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. Also, in 2019, there were 308,864 injuries that resulted from a bicyclist crash with a motor vehicle. Between medical damages and lost wages, the costs to cyclists are over $10 billion annually. California is a no-fault state with negligence laws that divide financial responsibilities according to 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 spent decades serving every kind of client and cyclist accident and have won hundreds of millions in settlements for them.
If you have been in an accident with a cyclist or are a cyclist and have been in an accident, we can fight for your rights to get compensated for medical expenses and lost wages. Call our record-setting California bicycle accident attorneys at (888) 488-1391 for a free consultation of your case.
Bicycle Traffic Law
Many laws stipulate what a bicyclist can and can not do on the roads. When an accident happens with a motor vehicle, these laws will be looked at to determine who caused the accident. Many laws for cyclists are very similar to regulations for drivers of cars, but there are a few rules of the road that cyclists want to pay attention to that 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 going with the speed of 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 if you are wondering if cyclists can be on the sidewalk.
A cyclist riding on a sidewalk might be in an accident with a car crash, but it is not often likely the cyclist would be responsible for the crash or cause the crash, although it can happen. A vehicle leaving a mall or major parking lot and having a cyclist pass in front of them could be 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 violations to any of the above laws, or other cyclist laws in the jurisdiction of an accident, the cyclist would be responsible for the damages incurred as a result of the accident. In most cases, however, the law will give cyclists the right-of-way in traffic and assign liabilities to the vehicle’s driver. A few different kinds of negligence rules are used when liabilities are assigned in a car accident or cyclist 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 determine on your own because other parties are not often amenable to accepting liability. Do not fight this a fight on your own.
A personal injury lawyer can help you get the compensation you deserve to ensure that your claims are paid in full. The team at Arash Law led by Arash Khorsandi, Esq. knows how difficult it is to work with another party after a car accident or cyclist accident. We can help you to determine where the negligence is in your case and pursue the damages you deserve no matter what. Call our California car accident attorney team today at (888) 488-1391 for a free review of your case.
When Bicyclists Are Negligent
Bicyclists are negligent when they violate traffic laws. It is that simple. There is no other time that responsibility can be assigned to the cyclist. The most common ways that cyclists are negligent include:
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- 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
Children are immune from negligence and responsibility when it comes to cyclist accidents with cars. They are not expected to understand and carry through the reasonable duty of care when on 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 in vehicles will have a tougher time in a car accident with a cyclist in most cases, as the standard for duty of care for them is higher than it is for someone on a bike. Someone on a bike does not need a license or have to pass exams to take their bike. A driver does.
When operating a vehicle, drivers have a higher standard for reasonable duty of care per California Civil Code 1714. When drivers fail to meet this standard and injury occurs, they will be found negligent.
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 1 percent responsible or contributory to an accident or loss, they can not make any claim for damages at all.
California is a no-fault state, and contributory negligence rules are not permitted. States with contributory negligence include Alabama, Washington D.C., Maryland, Virginia, and North Carolina. In California, the rule of pure comparative negligence applies to car accidents and accidents with cyclists.
Comparative Negligence
California is a pure comparative negligence state, and this means that every person that has been in an accident is responsible for a certain percentage of the damages. A cyclist can be held responsible 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 a reward worth $100,000 in their favor, $10 thousand would be taken from their settlement.
The driver of the car, in this case, would be found liable for $90,000. Determining the level of negligence in a car accident is always a difficult task and is a job for personal injury lawyers. Personal injury lawyers will always fight for you to get the most compensation possible after any kind of car crash, regardless of who is responsible.
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 award-winning law firm has extensive experience working with lawyers and judges to resolve responsibility issues quickly. No matter who you are in the accident, you will suffer medical costs and lost wages. We help clients just like you get the wins every day. Call our California bicyclist attorney today and book a free consultation of your case (888) 488-1391.
