Who is Typically Liable in a Bicycle Accident – the Driver or the Cyclist?

After a bicycle accident, a motorist may try to blame the cyclist, and vice versa. Who is at fault depends on the circumstances surrounding the crash. A California bicycle accident lawyer may be able to review your cycling collision and figure out who is responsible. 

Our legal team has a firm understanding of California bicycle accident laws and plenty of experience with bike crash cases. In this article, we explain how we may determine who to file a claim against for your cycling collision.

When is a Driver Liable for a Bicycle Accident?

All motorists must follow the rules of the road and act in a reasonable manner. Under VEH § 21760, drivers also have a legal obligation to watch for and maintain a three-foot distance from bicyclists when passing. If a driver breaks the law or acts recklessly, they may get into an accident with a cyclist and be held liable.

To prove a motorist was at fault in a bicycling collision, a cyclist must show the driver was negligent. This requires the cyclist to verify four things:

• Duty of Care: The driver’s legal responsibility to obey traffic laws
• Breach of Duty: When the driver violated a traffic law
• Causation: The resulting accident and injuries
• Damages: The cyclist’s measurable losses

Proving negligence may be difficult while you are healing from a bicycle accident. However, a personal injury attorney can help you build a body of evidence to support your personal injury claim against a negligent driver. For more information, get in touch with us.

Common Scenarios When the Driver Is Liable

Some of the more common negligent or reckless actions that drivers cause in a collision with a cyclist include:

• Failing to yield the right-of-way at intersections or crosswalks
• Making unsafe left or right turns into a bicyclist’s path
• Opening a vehicle door into an approaching cyclist (“dooring”)
• Driving while distracted, such as texting or using a phone
• Speeding, following too closely, or driving under the influence

Identifying the driver’s specific traffic violation or negligent conduct is an important step in determining liability and pursuing compensation.

When is a Bicycle Rider at Fault?

Cyclists have the same rights and responsibilities as motor vehicle drivers. Failure to comply with traffic and cycling laws may put a bicyclist and others in danger. These shared laws typically include:

• Cyclists must be ready to stop at stop signs, driveways, and parking spaces.
• They must use hand signals when they turn left or change lanes. 
• They must use lights and reflectors when they ride their bikes at night.
• They must ride in the same direction as traffic. 

There are also laws specific to bicycling, such as

• VEH § 21212: All riders and passengers under the age of 18 must wear a helmet.
• VEH § 21650: All riders must travel as close as possible to the right side of the road.
• VEH § 21950: The law recognizes bicyclists as pedestrians having the right of way only if they dismount and walk a crosswalk or intersection.

In California, comparative negligence may affect liability in a cycling accident. If a bicyclist and driver share responsibility for an accident, both may be held accountable. In a case where a cyclist seeks compensation but is found to be partly responsible, their compensation may be reduced by their percentage of fault. 

Other Parties That May Be Liable in a Bicycle Accident

There are instances where a government entity may be liable for a bicycle collision. If a road condition was reported and goes unaddressed, it may create a hazard for cyclists. In a situation where a cyclist crashes their bike and gets hurt due to this road defect or hazard, they may be able to hold a government body liable. 

In most cases, California has a two-year statute of limitations for personal injury. If you want to get damages from an at-fault party, you typically have up to two years from the date of your cycling crash to pursue compensation. Beyond the two years, you may be solely responsible for your collision-related losses. 

However, you will have less time to act if the negligent party is a government agency. You could have as little as 6 months to file an administrative claim, per GOV § 911.2. Also, the longer you wait, the more likely you are to lose critical evidence.

We advise clients to reach out to us as soon as possible to protect their right to fair compensation.

Evidence Used to Prove Fault in a Bicycle Accident

Personal injury victims, including cyclists and their legal team, are responsible for proving fault in a bike crash case. They will need evidence showing how the at-fault party was negligent. Evidence a rider may use in a bicycle accident case includes:

• Accident scene photos and videos
• Police reports
• Medical records
• Witness statements

Going through the legal process on your own may be difficult. It may be beneficial to hire an attorney who can answer your questions and explain how the claims process works. Your lawyer may help you meet the burden of proof and show a judge or jury you deserve damages.

Bicycle Accident Damages You May Be Able to Seek

You are not guaranteed to get compensation in a cycling accident case. However, you may request compensation based on a wide range of economic and non-economic losses you incur. Reasons why a cyclist may request compensation after an accident include:

• Damage to their bike and personal items
• Medical bills
• Lost wages
• Pain and suffering

It may be in your best interests to track your losses from the moment your accident happens. This action may help you calculate your damages and determine how much your case is worth. You may also partner with a personal injury lawyer who may negotiate a settlement for you.

What You Should Know About Bike Accident Case Settlement

There is a chance an at-fault party or their insurance company will contact you in the days after your cycling collision and offer a settlement. Just because you receive a settlement proposal does not mean you have to accept it. If you approve a lowball settlement, you risk leaving money on the table and having to pay some or most of your crash-related losses out of your own pocket. 

An attorney may help you evaluate settlement offers or negotiate one on your behalf. If you get a settlement proposal you believe is fair, you may approve the offer and close your case. On the other hand, if no settlement is reached, you may bring your case to court and explain to a judge or jury why you believe you deserve compensation. 

Every cycling accident case is different, but how a judge or jury views each claim is exactly the same. When you have a lawyer at your side who has a track record of great case results, you may boost your chances of getting a reasonable settlement. Along with this, your attorney may advocate for you and help you compel a judge or jury to award you the damages you are requesting.

What to Do After a Bike Accident

Taking the right steps after a bicycle accident can help protect your health and preserve important evidence. You should:

• Call 911 and report the accident.
• Seek medical treatment as soon as possible.
• Take photos of the accident scene, your bicycle, and your injuries.
• Exchange information with the driver and any witnesses.
• Avoid discussing fault until the facts are fully investigated.

Prompt action can strengthen your personal injury claim and help ensure your injuries and losses are properly documented.

Get Legal Help With Your Bicycle Accident Case Today

If you are unsure about who is responsible for your cycling crash, the legal team at Triumph Law may be able to help you out. Our law firm offers legal assistance to bike collision victims. For a free and confidential consultation, contact us today.