Common Causes of Bicycle Accidents in California
- Driver Error: Many bicycle accidents are caused by driver negligence, such as distracted driving, speeding, failing to yield, or turning right without checking for cyclists.
- Dooring: A common type of bicycle accident occurs when a car door opens suddenly in front of a cyclist.
- Poor Road Conditions: Potholes, debris, or other hazardous road conditions can contribute to bicycle accidents.
- Lack of Infrastructure: Insufficient bike lanes, inadequate signage, or unsafe intersections can increase the risk of accidents.
How to Know If You Have a Case
To determine if you have a valid bicycle accident claim, it is essential to understand the laws governing cyclist safety in California.
Negligence: The key element in most bicycle accident cases is negligence. The at-fault party must have owed you a duty of care, breached that duty, and caused your injuries.
- Duty of Care: In California, drivers have a duty of care to cyclists, meaning they must exercise reasonable care to avoid causing accidents. This duty extends to all road users, including cyclists.
- Breach of Duty: A breach of duty occurs when a driver fails to act as a reasonable person would under the circumstances. For example, a driver who is texting while driving and fails to see a cyclist may be considered to have breached their duty of care.
- Causation: The at-fault party's negligence must have directly caused your accident and injuries. This means that the accident would not have occurred if the driver had acted reasonably.
California Vehicle Code: The California Vehicle Code outlines the rules of the road for both drivers and cyclists. Drivers are required to yield to cyclists in designated bike lanes and at intersections.
Specifically, the California Vehicle Code requires drivers to:
- Yield to cyclists in designated bike lanes: Drivers must yield to cyclists who are riding in designated bike lanes, even if the bike lane is adjacent to the roadway.
- Yield to cyclists at intersections: Drivers must yield to cyclists who are already in the intersection or who are entering the intersection at the same time as the driver.
- Maintain a safe distance from cyclists: Drivers must maintain a safe distance behind cyclists to avoid rear-end collisions.
- Avoid opening doors into the path of cyclists: Drivers should be cautious when opening doors on the driver's side of their vehicles to avoid striking cyclists.
In addition to these specific requirements, drivers must also exercise general caution when sharing the road with cyclists. This includes being aware of cyclists' presence, avoiding sudden lane changes, and giving cyclists plenty of room to maneuver.
How an Attorney Can Help Your Case
- Gathering Evidence: An experienced bicycle accident attorney can help gather crucial evidence to support your claim, such as accident reports, medical records, and witness statements.
- Negotiating with Insurance Companies: Insurance companies often try to minimize payouts. A skilled attorney can negotiate on your behalf to ensure you receive fair compensation.
- Handling Legal Procedures: Navigating the legal system can be complex. An attorney can handle all the necessary paperwork and procedures, allowing you to focus on your recovery.
Potential Damages to Recover for Bike Accident Victims
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Future medical expenses
- Loss of earning capacity
Contact Adrianos Facchetti Today
If you have been injured in a bicycle accident, don't hesitate to contact our experienced attorneys for a free consultation. We will fight tirelessly to protect your rights and secure the compensation you deserve. Give us a call to get started today.
