Bicycling is a popular way to commute, exercise, and travel throughout California. Unfortunately, cyclists share the road with much larger and heavier vehicles, and a collision can result in significant injuries. When a bicycle and motor vehicle collide, determining who may be legally responsible is not always as simple as assuming the driver is at fault.
California law usually gives bicyclists many of the same rights and responsibilities as drivers when they use public roadways. This means both motorists and cyclists are expected to follow traffic laws and exercise reasonable care. When a collision occurs, investigators, insurance companies, attorneys, and potentially a court may examine the behavior of everyone involved. Understanding how liability works can help injured cyclists make informed decisions following an accident.
Common Causes of Bicycle-Vehicle Collisions
Bicycle crashes involving motor vehicles can occur in many different ways. Some collisions may result from driver conduct, cyclist conduct, roadway conditions, or a combination of factors. Common circumstances include the following.
- Drivers failing to yield to bicyclists at intersections
- Vehicles turning across a cyclist’s path
- Distracted driving
- Speeding or driving too fast for conditions
- Unsafe lane changes
- Motorists failing to check blind spots
- Drivers opening vehicle doors into the path of cyclists
- Cyclists or motorists failing to obey traffic signals
- Reduced visibility at night
- Unsafe passing
- Impaired driving
- Poorly designed or maintained roadways
Determining the cause is an important part of evaluating who may be held responsible for the injuries and losses.
How Is Liability Determined?
Liability in a bicycle-vehicle collision generally depends on negligence. It is important to understand that negligence may occur when someone fails to use reasonable care, and that behavior contributes to another person's injuries.
Evidence used to evaluate liability may include photographs and videos, police reports, witness statements, traffic-camera footage, vehicle damage, bicycle damage, medical records, roadway conditions, and information about the movements of the cyclist and vehicle immediately before the crash.
California's Comparative Fault Rule
California follows a comparative fault system. This can become especially important in bicycle accidents because more than one party may have contributed to a collision. Under California's comparative fault principles, a person's damages may be reduced according to the percentage of responsibility assigned to that person.
Types of Injuries
Cyclists have much less physical protection than occupants of passenger vehicles. Even when wearing a helmet and other safety equipment, a cyclist may have substantial injuries after an incident.
Potential injuries can include fractures, head and traumatic brain injuries, spinal injuries, road rash, shoulder and knee injuries, internal injuries, soft-tissue injuries, and facial or dental trauma. Some injuries may not be immediately obvious after an accident. Seeking appropriate medical evaluation can help identify injuries and create documentation regarding the person's condition following the collision.
The Steps to Take after an Accident
Safety and medical care should usually come first. If possible, move away from active traffic and contact emergency services when necessary. Cyclists may also want to obtain the driver's name, contact information, driver's license information, vehicle information, and insurance details. Photographs of the accident scene, bicycle, vehicle, roadway, traffic signs, injuries, and surrounding conditions may help preserve evidence. If witnesses saw the collision, obtaining their contact information may also be useful.
Keeping copies of medical records, bills, bicycle repair or replacement estimates, correspondence with insurers, and documentation of missed work may also help establish the effects of the collision.
Types of Compensation that may be Available
Depending on the circumstances and applicable law, an injured cyclist may be able to pursue compensation for certain losses associated with a collision. Potential damages may include but are not limited to:
- Medical expenses
- Future medical treatment when supported by evidence
- Lost income
- Reduced earning capacity
- Bicycle and personal property damage
- Non-economic losses such as pain and suffering.
The types and amounts of damages available depend on the specific facts of the case. No specific recovery can be assumed or guaranteed. In cases involving severe or fatal injuries, additional legal considerations may apply.
Who May Be Involved
Not every bicycle accident involves only a cyclist and an individual driver. Depending on the circumstances, other potentially responsible parties may include, but are not limited to, the following:
- An employer whose employee was driving during the course of employment
- A commercial vehicle operator
- A government entity responsible for certain roadway conditions
- Another party whose behaviors contributed to the collision.
Seeking Legal Support
Bicycle accident claims can involve conflicts around how a crash occurred. A legal evaluation can be useful and can help victims move forward after an accident. A legal professional may review the police report, medical documentation, photographs, witness accounts, available video footage, insurance information, and applicable traffic laws. An attorney may also communicate with insurers, identify potentially responsible parties, evaluate available insurance coverage, and explain the legal process.
The Legal Team at KAASS LAW
KAASS LAW assists individuals with personal injury matters, including those occurring from bicycle and motor vehicle collisions. When evaluating a bicycle accident, the firm may review available evidence, examine the circumstances surrounding the collision, and help determine what legal options may be available under California law. Don’t wait. Call KAASS LAW today to learn more.