CaliforniaBICYCLE ACCIDENT

lawsuits

a cyclist’s guide to

Gillin, Jacobson,Ellis, Larsen Lucey

since 1972 GJEL.COM

GJELACCIDENTATTORNEYS

A Cyclist's Guide to California

Bicycle Accident Lawsuits

Presented by:

GJEL Accident Attorneys

Copyright © 2016 GJEL Accident Attorneys

All rights reserved.

ISBN-13: 978-1530836536 ISBN-10: 1530836530

DISCLAIMER

This book is for informational purposes only. This is not legal advice. Any case results in this book are based on the specific facts of those cases. Past

results do not predict future successes.

Contents 1. California Bicycle Laws That All Cyclists Should Know 1 2. I Was Hit by a Car While Riding My Bike…Now What? 3 3. How is Fault Determined in Bicycle vs. Car Accidents? 5 4. How Cyclists Can Get Compensation After Being Hit by a Car 75. Common Bicycle Accident FAQs 9 6. Bicycle Accident Statistics in the U.S. and the Bay Area 11 7. Signs You Need an Attorney After Your Bicycle Accident 13

California Bicycle Laws That All Cyclists Should Know

There is a surprising amount of confusion about the laws surrounding bicyclists, even questions as basic as “where can cyclists ride”? The State of California has passed laws regulating most aspects of cycling and these laws are applied statewide. This means that, in large part, the rules affecting cyclists in Los Angeles are the same as in San Diego.

There is some variation in the law with regard to bike registration requirements and restrictions on riding on the sidewalk between cities. You should be sure to look up these laws in any city in which you plan to bike.

Below are some basic, statewide laws that will help clear up any confusion and keep cyclists, pedestrians and drivers safe.

What are Cyclists Required to Do?

● Follow Traffic Laws – Cyclists are bound by the same trafficrules as drivers. California law specifically states: a personriding a bicycle or operating a pedicab upon a highway has allthe rights and is subject to all the provisions applicable to thedriver of a vehicle… including, but not limited to, provisionsconcerning driving under the influence of alcoholic beveragesor drugs.

● Yield to Pedestrians – In keeping with the first requirementlisted, cyclists, like cars, must yield to pedestrians.

● Use Lights and Reflectors – Cyclists are required by law touse lights and reflectors when biking at night.

● Ride with Traffic – Cyclists should ride in the same directionas vehicle traffic. This is safer, as it better enables the driversto predict the cyclist’s actions.

What are Cyclists NOT Required to Do?

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Generally, it is required that cyclists stay to the right side of the road and use bike lanes whenever possible, but there is no requirement that cyclists do this at all times. Cyclists may ride in different areas of the road:

● when they are keeping pace with traffic;● when overtaking and passing another bicycle or vehicle

proceeding in the same direction;● when preparing for a left turn at an intersection or into a

private road or driveway;● when reasonably necessary to avoid conditions such as other

parked vehicles, pedestrians or other objects;● when approaching a place where a right turn is authorized, in

order to allow cars to turn using a right turn lane; and● when driving on a one-way street with more than one lane (in

this case, a cyclist may ride on the left hand side of the roadinstead of the right).

These exceptions are the same for both the requirement that cyclists drive on the right side of the road and the requirement they use marked bike lanes where possible.

Laws Regarding Bicycle Accidents

Sometimes, even when all cycling laws are followed, accidents still occur. Bike accidents can vary dramatically in scope and severity. Cyclists are most at risk of being in an accident with a motor vehicle at intersections or when cars are entering the road from the right.

In California, drivers of motor vehicles owe the same duty of care to cyclists as they do to other drivers. This means that if the driver’s negligence caused the accident, you are entitled to recover for your injuries and other losses related to the accident. Even where the cyclist was partially at fault, he or she may still be entitled to recovery. A California personal injury attorney can evaluate your case and help represent you in any claim against the driver to ensure you receive all of the compensation you are entitled.

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I Was Hit by a Car While Riding my Bike…Now What?

If you are riding your bicycle and suddenly get hit by a car, the next few seconds and minutes can often be chaotic. You may be seriously injured or even in shock and the motorist who hit you may also be shaken up. However, in this situation, it is critical to take certain steps--if possible--to help preserve your legal rights.

If you need emergency medical attention, that should be your primary priority. If someone else is with you, see if they can take the following steps for you. Below are only a few examples of steps to take after a bicycle collision with a car.

Talk to the police - Following an accident that caused damage or injuries, you should always call law enforcement and wait for officers to arrive on the scene. You want to speak with officers and ensure they hear your version of what happened in the accident. This version will go into their police report, which can be helpful in an insurance or legal claim later on. In addition, it will help your cause if police issue a ticket to the driver for any type of unlawful behavior.

Gather contact information - Make sure you obtain all the necessary contact information of any drivers involved, as well as anyone who witnessed the accident. License plate numbers, insurance information, names, and phone numbers will all be helpful and you can’t always rely on police to take down all this information.

Try to document the events - Sometimes it can be difficult to clearly and accurately remember the details of what happened. However, knowing whether the light was red, whether it was dark outside, whether you had the right of way, and other details of the accident are imperative to your ability to demonstrate negligence and recover for your losses. If you have a cell phone with a camera, take photos of the scene, including the weather and road conditions, the damage to your bicycle, and anything else that seems relevant. Even if you cannot take photos, write down everything you remember as soon as possible.

See a doctor - Even if you are unsure whether you are injured, you should undergo a medical evaluation as soon as possible after the accident. Some injuries, including traumatic brain injury, may not be readily identifiable to you,

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and a doctor’s diagnosis will likely be necessary in order to receive the treatment you need and to support your claims of accident-related injuries.

Talk to a California bicycle accident lawyer - Following a bicycle accident, you may have the right to recover financially from the negligent driver. This recovery can compensate you for your medical bills, damage to your bicycle, lost income, and much more. An attorney can help you file an insurance claim, negotiate a favorable settlement, and—if necessary—file a legal claim for your personal injury. You want to ensure that your attorney has experience with bicycle accident cases in California to best ensure your chances of a full recovery.

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How is Fault Determined in Bicycle vs. Car Accidents?

When a car collides with a bicycle, often both parties will immediately try to assign blame to the other person. A bicyclist may believe the driver was not watching and the driver may claim the bicyclist came out of nowhere in front of the vehicle. Fortunately, determining fault in a bicycle vs. car accident involves more than the opinions of the people involved. Instead, fault is determined based on whether one or both parties acted in a negligent manner, which means they breached the duty of care expected of them under California law.

Duty of Care for California Drivers

Drivers have the legal duty to operate their cars in a reasonably safe manner to avoid collisions and injuries to others on the road--including bicyclists. This includes staying aware of their surroundings and following all traffic laws. When a driver does not behave in a reasonably safe manner and causes injury, that driver can be held liable for such negligent actions. Many forms of negligence can lead drivers to collide with bicyclists, including the following:

● Driving under the influence● Distracted driving● Failing to obey traffic laws, signals, or right-of-way rules● Not looking before opening car doors on the street

These are, of course, only some of the negligent acts that can lead a driver to hit a cyclist.

Bicyclists Also Have a Duty of Care

Bicyclists have the same responsibility and duty of care as drivers. When sharing the road, bicyclists must follow all traffic laws, obey traffic signals, and must be aware of their surroundings. If bicyclists fail to follow the rules of the road, they can be held liable for a collision. Some examples of negligence on the part of bicyclists can include:

● Not following traffic signals

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● Biking under the influence● Not using designated bike lanes or staying to the right side of

the road if they are traveling slowly● Improper passing● Not signaling on turns

Who is at Fault?

Since the legal concept of negligence can be complicated, it is important to seek assistance from a legal professional who can help identify fault in your bicycle vs. car accident case. A lawyer can examine the events of the accident and help determine whether one or both parties were at fault.

If only one person was at fault, that person should be held liable for all losses resulting from the accident. For example, if the bicyclist was following the rules of the road and the driver was intoxicated when the collision occurred, the driver should have to fully compensate the bicyclist. However, not all cases are this straightforward and, in many accidents, both parties somehow contributed to the accident. Even if you were partially at fault for the accident, you may still have the right to recovery under California’s comparative negligence laws. Because determining fault can be complex, the help of an experienced bicycle accident lawyer is imperative following a bicycle vs. car accident.

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How Cyclists can get Compensation After Being Hit by a Car

After a car accident, injured victims can file a claim with the insurance company of the at-fault driver. This is referred to as a “third party claim,” as you are not the party directly insured under the policy. Bicycle-car accident insurance claims can be complicated, however, so it is imperative to have professional legal assistance throughout the entire process.

Even if you have made insurance claims before, a third party claim filed by a bicyclist can be significantly more challenging than a claim with your own insurance. This is because the insurance company may try to avoid liability in many different ways. Your claim can be reduced or even completely denied for several reasons, including:

● The insurer claims you were at fault (partially or completely) inthe accident.

● The insurer questions the extent of your injuries or damage toyour bicycle.

● The insurer claims your injuries or damages were the result ofanother incident and not the car accident.

In some situations, an insurance company may make a settlement offer that is much lower than you deserve for your losses. However, many injured bicyclists mistakenly believe they have no choice but to accept the offer because they do not know how to negotiate a higher offer. This situation can be have serious consequences because, once you accept a settlement offer, you lose the right to ever seek additional compensation for your injuries from that particular accident. This is the case even if you later realize the settlement was grossly inadequate to cover your losses. For this reason and others, you should always discuss an insurance claim with an experienced bicycle accident attorney before making any decisions.

How an Attorney Can Help During the Insurance Process

An experienced bicycle accident lawyer can help you obtain maximum compensation from an insurance company in many different ways. In fact, you

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should consider consulting with an attorney before you file a claim in the first place.

Filing a claim with a professional demand letter that comprehensively covers all of your accident-related losses can increase your chances of a successful claim from the start. An attorney will know how to compose a persuasive demand letter and to include as much evidence of your losses as possible. In addition, a lawyer can provide evidence to support your claims that the driver was at fault in the bicycle-car accident and lessen the chances the insurance company will assign blame to you instead.

A demand letter does not always result in an adequate settlement offer, however, and negotiations are often needed to ensure a bicyclist receives the full amount of compensation deserved the totality of the losses. An experienced attorney will know how to engage in negotiations with an insurance company to increase your settlement offer as much as possible. A skilled attorney will also be able to identify when a settlement offer is inadequate and can advise you to reject an offer. If it seems that an insurance company will refuse to offer the full amount you need and deserve, your attorney can help determine when it is time to pursue compensation through a personal injury claim in court instead of directly from the insurer.

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Common Bicycle Accident FAQs

Is the driver always at fault in a bicycle accident?

When a large vehicle collides with a bicyclist and causes injuries, it is often assumed that the bicyclist is the victim and the driver is the one at fault. However, this is not always the case and, in some instances, the bicyclist may be the one who was negligent and caused the accident. For this reason, careful investigation should be conducted and evidence should be gathered to support your claims that the driver was at fault in the accident.

Does car insurance cover a bicycle accident?

If you determine the driver was at fault in the accident, you may wonder how you should go about seeking compensation from the driver. The good news is that bicyclists can make third party claims with the driver’s insurance company, just as other drivers can file claims after accidents between two cars. Bicycle accident insurance claims can be complicated, however, so you should always discuss your situation with an experienced attorney before filing a claim.

What are my options for financial recovery after a bicycle accident?

As mentioned above, one way to seek financial recovery for your medical bills, lost wages, and other bicycle accident-related losses is to file a claim with the at-fault driver’s insurance company. However, an insurance company will not always be willing to offer enough to cover all of your various losses and you may need to seek compensation another way. You can do so by filing a claim for personal injury in court. California law only gives you two years to prepare and file a claim, however, and if you miss that deadline, you lose your right to recovery.

Is my bicycle accident case a civil or criminal case?

When many people think of cases in court, they think of criminal cases. However, criminal cases are brought by a prosecutor for unlawful behavior and do not include personal injury claims. Instead, your bicycle accident claim will be filed as a separate case in civil court. If there is a coinciding criminal case for a violation

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of law--such as a DUI--evidence in the criminal case may be helpful in your civil case, as well.

How much is my bicycle accident case worth?

The value of a bicycle accident claim can vary significantly from case to case. The following factors will help determine the value of your case:

● The nature and severity of your injuries;● The costs of the medical treatment you needed for your

injuries and whether you require ongoing treatment in thefuture;

● Whether your injuries caused you to miss work and loseincome;

● Whether your injuries caused any long-term or permanentimpairments, disfigurement, or disabilities; and

● The amount of physical and/or emotional suffering youexperienced as a result of your injuries.

An experienced attorney can review the circumstances of your individual case to determine what your claim may be worth.

Will my bicycle accident case go to trial?

Just because you filed a claim in court does not mean you will go to trial. In fact, the majority of accident cases are settled through negotiations that happen before trial and out of court. An experienced attorney should seek out the most efficient way to resolve your case in the most favorable way possible.

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Bicycle Accident Statistics in the U.S. and the Bay Area

Everyone who rides a bike on roadways in the Bay area and throughout the United States should be aware of the risks of accidents and injuries. However, many people may not realize just how many bicyclists are injured while riding. If you are going to ride a bike, you should be aware of the risk factors and the prevalence of crashes so you can take necessary precautions to avoid injuries.

Nationwide Bicycle Accident Statistics

According to the National Highway Traffic Safety Administration (NHTSA), traffic-related fatalities have decreased significantly over the past decade, with 10,000 fewer people killed in traffic collisions in 2013 than in 2004. However, bicycle accident fatalities have actually increased in the same time period, from 727 bicyclists killed in 2004 and 743 dying in 2013. This indicates that while safety measures have increased regarding motor vehicles, the same measures may not have been taken regarding sharing the road between cars and bicycles. In addition to the 2013 fatalities, 48,000 more bicyclists sustained injuries in a crash with a motor vehicle.

California Bicyclists are at a High Risk

California routinely has the highest number of bicycle-related fatalities of any state in the United States. In fact, of the 743 nationwide deaths in 2013, almost 20 percent of those occurred in the state of California. While the number of bicyclists who were fatally injured did decrease to 128 in 2014, the state is still leading in deadly bicycle accidents. In addition, reports indicated that San Francisco was a rare city in which the number of bicycle-related fatalities had increased over recent years and the San Francisco Bicycle Coalition called for greater safety measures to eliminate traffic-related bicycle accidents.

Risk Factors for Bicyclists

Risk factors for bicycle accidents, injuries, and fatalities can be varied. Here are some NHTSA statistics related to bicycle accidents and risk factors:

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● Bicyclists ages 20 to 24 years had the highest rate of injury in accidents.

● Bicyclists ages 55 to 59 years had the highest rate of fatal accidents.

● The majority of serious bicycle accidents happened in urban areas (68 percent) versus rural areas (32 percent).

● 57 percent of accidents happened outside of intersections, 34 percent of accidents occurred at an intersection, and 9 percent happened in other, unspecified locations.

● The time period with the most bicycle accidents was 6:00 pm to 9:00 pm.

● 83 percent of bicyclists killed and/or injured in accidents were male riders.

● Approximately 24 percent of bicyclists who died in accidents had alcohol in their system and 20 percent had a blood alcohol content (BAC) over the legal limit of 0.08 percent.

● 464 riders who were killed in 2013 were not wearing helmets.

While the above bicycle statistics do show certain trends and risk factors both in California and throughout the United States, it is important to remember that a crash between a bicycle and a car can occur under almost any circumstances. For this reason, you should always be highly aware of your surroundings when riding your bicycle in the Bay Area or anywhere else.

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Signs You Need an Attorney After Your Bicycle Accident While it is always a wise idea to consult with a skilled attorney after any type of bicycle accident, the following are some signs that you should contact a lawyer as soon as possible. You have sustained injuries -- If you have injuries that have been diagnosed following your accident, you will have medical bills relating to the treatment you received. Such treatment can be costly, especially for severe injuries. In addition, serious injuries may cause you to miss work and lose income. As you incur losses, you should discuss with an attorney your rights and options to seek compensation for those losses. The driver of the car that hit you is denying fault -- In some cases, a driver will admit fault and your recovery will be relatively straightforward. In other situations, a driver will try to blame the accident on you, claiming you were negligent while riding your bicycle. Whenever fault is contested, your financial recovery may be complicated, so you should call an attorney immediately. You need to make a third party insurance claim -- Following an accident, you may want to file a claim with the driver’s insurance to seek compensation for your losses. Bicyclist claims can be complex, however, and insurance companies will work to avoid liability whenever possible. To ensure your best chances of recovery, speak to a lawyer who can help you file a persuasive and comprehensive claim with the necessary supporting evidence. You have received a settlement offer from an insurance company -- Even if you filed an insurance claim on your own and received an offer for a lump sum settlement, you should never accept a settlement without first having an experienced bicycle accident lawyer review the offer. It is easy to underestimate your losses in a bicycle accident case and, if you accept an offer that is too low, you will not be able to later ask for more or to file a legal claim against the at-fault driver. An attorney can estimate the value of your losses and advise whether a settlement offer is adequate or not.

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Your injuries have caused you significant pain and suffering or permanent disability -- If your injuries are particularly serious and you have suffered significant intangible losses including pain and suffering, loss of enjoyment of life, or permanent disability, you should call a highly experienced lawyer to handle your case right away. Compensation for such extensive losses often cannot be obtained through an insurance company and a claim for personal injury will have to be pursued to ensure you receive all that you deserve for your extensive losses.

Discuss a Possible Case with a Skilled California Bicycle Accident Lawyer Today If you have been in a bicycle accident, there are many ways an experienced California bicycle accident lawyer can help you. The best way to learn more about how an attorney can assist in your particular case is to call the office of GJEL Accident Attorneys today. We have helped many injured victims of bicycle accidents and will provide guidance and advice throughout your case. We offer free consultations, so please contact our office for more information about how we can help you recover for your losses.

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