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How is Fault Determined When a Car Hits a Bicyclist?

Posted on behalf of Arnold Law Firm in

red-car-lady-on-phone-hit-bike-riderBecause 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.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.