When a driver’s negligence causes a collision, injured cyclists may have the right to pursue compensation under California law. Arrange a free consultation to learn your legal options by contacting Hanson & Mouri online or by calling (951) 688-0006.
Many bicycle accidents happen because drivers fail to pay attention to cyclists or disregard traffic laws. Common causes include:
Because bicyclists have little physical protection, even a low-speed collision can cause significant injuries.
Cyclist Rights
California law recognizes bicyclists as lawful users of public roads. Under California Vehicle Code §21200, “a person riding a bicycle… has all the rights and is subject to all the provisions applicable to the driver of a vehicle.” This law is important in bicycle accident cases because it confirms that cyclists have the same right to use the roadway as motorists. When drivers fail to respect those rights and cause a collision, that conduct may be used as evidence of negligence.
Duty of Drivers
California requires drivers to provide bicyclists with sufficient passing distance. Under California Vehicle Code §21760, motorists must leave “a distance of not less than three feet” when passing a bicycle traveling in the same direction. If a driver passes too closely and causes an accident, the violation can help establish liability in a personal injury claim.
Shared Fault
California follows a pure comparative negligence rule under California Civil Code §1714, which states that “everyone is responsible… for an injury occasioned to another by his or her want of ordinary care.” This means an injured cyclist may still recover compensation even if they share some responsibility for the accident. However, the total recovery is reduced by the percentage of fault assigned to the injured person.
Statute of Limitations
California law also sets deadlines for filing personal injury claims. Under California Code of Civil Procedure §335.1, “an action for… injury… caused by the wrongful act or neglect of another” generally must be filed within two years from the date of the accident. If you fail to pursue a claim within that time you will likely lose your right to compensation.
Insurance companies often attempt to dispute bicycle accident claims by arguing that the cyclist contributed to the crash or failed to follow traffic laws. Handling these issues on your own can be difficult while recovering from injuries. When you work with a Beaumont Bicycle Accident Attorney, they can help you by:
A lawyer can help ensure that insurance companies evaluate the claim based on the actual evidence and full extent of your losses.
Arrange a free consultation today by contacting Hanson & Mouri online or by calling (951) 688-0006.