How is Fault Determined When a Car Hits a Bicyclist?
How is Fault Determined When a Car Hits a Bicyclist?
Posted on behalf of Arnold Law Firm
on February 28, 2020 in Auto Accident Updated on February 24, 2022
Because cars are larger and faster than bicycles, the driver of the vehicle is often assumed at fault for any collision involving a bike. However, bicyclists can also be to blame for accidents. They have rules to follow just like drivers and violating rules of the road can lead to accidents.
Duty of Care
Both drivers and bicyclists have a duty of care when traveling on the roads in California. Bicycle riders must follow the same rules as drivers. This means they must stop at red lights, stop signs, yield to oncoming traffic, and yield to pedestrians. Bicyclists must also ride in the same direction vehicles are traveling.
Some other rules of the road that bicyclists must follow include:
Riding on the right side of the road, unless making a left turn, passing another bicyclist, or when trying to avoid a hazard
Using bike lanes when they are present
Wearing a helmet if under 18 years of age
Not covering both ears at the same time with a headset or other earplugs
Using a white light on the front of the bicycle at night that can be seen up to 300 meters away
Using a flashing red light or red reflector at night on the rear of the bicycle
Using hand signals to make turns
Motorists must treat bicyclists with the same duty of care as they would other motorists. This means they must treat the bicycle like it is another vehicle. All laws on passing, merging and yielding must be followed when driving alongside a bicyclist. Drivers must give bicyclists at least three feet of space before passing.
Examples of Negligence
Determining negligence in a car versus bicycle accident can be a challenge. Some common examples of motorist negligence in these accidents include:
Driving under the influence of drugs or alcohol
Failing to look for bicyclists when opening the vehicle’s door while parked on a street
Failing to obey right-of-way, speed, signals, or other traffic laws
Distracted driving
Common examples of bicyclist negligence include:
Improper passing of other bicyclists
Not using proper hand signals to indicate turns
Biking while intoxicated or using drugs
Failing to follow all traffic signals
Failing to use reflectors or lights at night
Failing to ride in the same direction vehicles are traveling
Failing to use the designated bike lane or travel on the right side of the road
Safety Tips for Bicyclists
If you enjoy cycling in California, make sure you follow these safety tips to help prevent a crash that could result in serious injuries:
Always wear a helmet that fits your head properly even if you are over 18. Make sure you replace your helmet if you are involved in an accident.
Do not wear loose clothing that can get caught in the chain of the bicycle.
Never use a mobile device when riding your bicycle.
Ride with traffic and stop at all red lights and stop signs.
Ride in the bike lane or as far right as safely possible in the lane of travel.
Injured in a Bicycle Accident? Call the Arnold Law Firm Today
Were you or a loved one injured in a bicycle accident with a car? Speak to an experienced car accident attorney about your claim.
Call the Arnold Law Firm at (916) 777-7777 to schedule a free consultation.
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