Setareh Law
April 8, 2025
Cycling is a growing sport and means of transportation in major California cities. Besides saving gas costs, bicyclists also contribute to efforts to reduce the effect of greenhouse gasses and the number of car accidents. Also, it’s easier to find a place to park a bike than a car in congested cities.
However, there is usually a constant threat to bikers by reckless drivers in California cities due to many drivers not seeing bicyclists. Some of these negligent behaviors by drivers lead to devastating accidents. But does this mean that it’s always the car driver in the wrong when there is a collision with a bicycle and a car? Can bicyclists be responsible for causing a car accident? Working with a personal injury lawyer, like those at Setareh Law, can help you figure out if you may have been liable. We will also protect your rights every step of the way.
Definition of a Bicycle Accident
A bicycle accident refers to a collision or incident involving a bicycle and another vehicle, pedestrian, or object, resulting in injury or damage. These accidents can occur due to various factors, including reckless driving, failure to obey traffic laws, and hazardous road conditions. In California, bicycle accidents are a common occurrence, and cyclists have the right to seek compensation for their injuries and losses. Understanding what constitutes a bicycle accident is crucial for both cyclists and drivers to ensure they follow traffic laws and take the necessary precautions to prevent such incidents.
Statistics on Bicycle Accidents
According to the National Highway Traffic Safety Administration (NHTSA), bicycle accidents are a significant concern in California. In 2020, there were over 11,000 reported bicycle accidents in the state, resulting in 129 fatalities and over 14,000 injuries. The majority of these accidents occurred on urban roads, with the most common causes being reckless driving, failure to yield, and distracted driving. These statistics highlight the importance of following traffic laws and taking the necessary precautions to prevent bicycle accidents. By being aware of these figures, both cyclists and drivers can better understand the risks and work towards safer roadways.
What Are the California Bicycle Laws?
In most instances, cyclists have to follow the same traffic rules as motorists, as outlined in California bicycle laws. It’s expected that riders, just like drivers, obey these rules to prevent accidents. This is called duty of care. Additionally, side-of-road laws are put in place to reduce the likelihood of a collision. These laws include:
- Cyclists moving slower than the traffic must ride on the right side of the road as much as possible
- Bikers must ride in the same direction as the traffic
- If there is a bike lane, the bicyclist should use it
Although there are clear rules, bicycle accidents continue to occur. Part of this reason is due to driver negligence, but sometimes, bicyclists are not always aware of where they should be riding. Figuring out liability in these types of collisions is often confusing, which is why partnering with a lawyer can greatly help you figure out the circumstances of your case.
Duty of Care and Negligence
In California, both drivers and cyclists have a duty of care to obey traffic laws and operate their vehicles safely. Negligence occurs when an individual fails to exercise reasonable care, resulting in harm to another person. In the context of bicycle accidents, negligence can take many forms, including distracted driving, failure to yield, and reckless behavior. To establish negligence in a bicycle accident case, it must be proven that the defendant had a duty of care, breached that duty, and caused harm to the plaintiff. Understanding these legal principles is essential for anyone involved in a bicycle accident, as it helps determine liability and the potential for compensation.
When Is a Bicyclist at Fault in a Bicycle Accident?
The general belief is that the car driver is almost always liable for a car crash that involves a bicyclist. However, this is not always the case. Riders carry the same duty of reasonable care when biking, just like other motorists on the road. Therefore, there are some scenarios in which the bicyclist can be held responsible for a car accident and be unable to collect compensation for their injuries from the driver’s insurance. Some of the circumstances may include the following:
- The biker was under the influence of alcohol or another drug at the time of the accident
- The rider ignored using the designated bike lanes
- The biker refused to ride on the right-most side of the road, though they were moving slower than the traffic
- The bicyclist ignored a red light or stop sign before crashing into a car
- The bicycler never gave any signal before turning
- The biker made a reckless and unsafe lane change
- They were riding against the direction of the traffic flow
- They declined to yield to the right-of-way, though the car clearly had the right to pass
Although the law holds drivers at a higher duty of care than cyclists for obvious reasons, when cyclists ignore their own duty of reasonable care or breach the traffic laws, they are liable for the accident.
Steps to Take After a Bicycle Accident
If you are involved in a bicycle accident, it is essential to take the following steps to protect your rights and seek compensation:
- Seek medical attention: Even if you feel fine, it is crucial to seek medical attention immediately after a bicycle accident. Some injuries, such as internal trauma or concussions, may not be apparent right away.
- Report the accident: File a police report and obtain a copy of the report for your records. This documentation is vital for any future legal or insurance claims.
- Gather evidence: Collect witness statements, take photos and videos of the accident scene, and gather any other relevant evidence. This information can be crucial in establishing fault and supporting your personal injury claim.
- Avoid admitting fault: Be courteous, but do not apologize or accept blame for the accident. What you say can be used against you by the insurance company.
- Contact a lawyer: Consult with a personal injury lawyer who specializes in bicycle accident cases to discuss your options and protect your rights. An experienced attorney can guide you through the legal process and help you secure the compensation you deserve.
By following these steps, you can ensure that your rights are protected and you receive the compensation you deserve for your injuries and losses.
The Implication of a Car Accident Where the Bicyclist is Responsible
Many people are familiar with situations where the car driver is liable for a car accident. But what happens when the biker is the one at fault?
In such cases, a bicycle accident lawsuit may be necessary to determine the extent of each party’s liability.
California’s pure negligence law in personal injury claims dictates that each party carries their own share of fault. Therefore, if a biker is found to be liable for a car accident, they’ll then be accountable for their fault. In most cases, this means a decrease in compensation the bicyclist gets. In a few instances, the rider may be prevented from collecting any reimbursement from the driver’s insurance if they are found unequivocally responsible for their injuries.
An example of this is when a car accident occurs because both a driver and a rider ignored a stop sign. 70% of the liability may be charged to the driver, while 30% is charged to the biker for violating a stop sign. The implication of this is that the biker will only be able to collect 70% of the total compensation against the other party for their injuries.
Contact Setareh Law’s Personal Injury Lawyers Today for a Free Consultation
Getting involved in an accident while driving or riding is often overwhelming and can come with many injuries. The disruption in your day-to-day routine because of the accident cannot be understated. At Setareh Law, we help accident victims handle personal injury cases straightforwardly and cost-effectively. We offer a free consultation to help you understand your rights and evaluate your case without any upfront costs.
Our bicycle and car accident lawyers will thoroughly investigate your case and ensure the other party carries all the share for their responsibility in the accident. We handle every case with compassion, care, and professionalism. Call us at (310) 659-1826 or fill out our contact form online. Our lawyers also speak Spanish for our clients’ convenience.
