California is a leader in environmental transportation, with nearly 65% of the population occasionally using bicycles to get around. But where do cyclists stand in terms of California law? It may be a bit of a grey area, but it shouldn’t be. If you’ve been hurt on your bike, knowing where you stand legally is the first step toward protecting yourself and your recovery. As a personal injury lawyer, Jacob Emrani has made this guide on bicycle accident laws in California.

Do Cyclists Have the Same Rights as Drivers in California?

The easy answer is yes: cyclists do have the same rights as drivers in California, but they also have responsibilities. Under the California Vehicle Code Section 21200, cyclists operating on public roads have “all the rights and duties applicable to drivers of motor vehicles.” This means you’re entitled to and required to use the road, to follow traffic signals, and to expect other drivers to share the space safely with you.

Running red lights, ignoring stop signs, or riding ahead of traffic will put you in danger, but also affect your ability to recover compensation if you’re injured in an accident. Read these top five bicycle safety tips.

Key Bicycle Laws Every California Cyclist Should Know

California law sets out several specific rules for cyclists that every rider should be familiar with. Here are the cyclist’s rights and responsibilities in California:

• California bike helmet law: This should be a no-brainer, but riders under 18 are legally required to wear a helmet. While adults are not required by state law to wear helmets, helmet use is always strongly advisable.
• Lighting at night: When riding after dark, a white front light visible from 300 feet and a red rear reflector or light are required.
• One hand on the handlebars: California law requires at least one hand on the bars at all times.
• No earphones in both ears: Wearing earbuds or headphones in both ears while riding is illegal in California.
• Carrying passengers: Bikes may only carry the number of people they’re designed for.
• No attaching to vehicles: Cyclists cannot grab onto or attach themselves to moving motor vehicles.

California Bike Lane and Roadway Rules

California has several bike lane laws. Whenever a bike lane is present and moving in the same direction as traffic, cyclists are generally required to use it.

There are a few exceptions that tie in with California bike laws and cyclists’ rights. You may leave the bike lane when the lane is blocked, pass another cyclist, avoid debris, closed roads, and other hazards, and prepare for a turn. If no lane exists, cyclists must stay to the right.

As for cars, drivers are required by law to give cyclists at least three feet of clearance when passing. There is even a law for this known as the “Three Feet for Safety Act.”

Common Causes of Bicycle Accidents in California

Most bicycle accidents are never entirely the cyclist’s fault. Common causes of bicycle accidents in California are:

• Dooring: A driver or passenger opens a car door, without looking, into the path of an oncoming cyclist.
• Failure to yield: Drivers turning left across a cyclist’s path or pulling out of driveways without looking.
• Distracted driving: Texting, phone use, or other inattention behind the wheel, causing an accident.
• Speeding: Causing the vehicle to lose control and perhaps cause an accident.
• Running red lights or stop signs: Putting cyclists directly in harm’s way at intersections.
• Unsafe lane changes: Drivers merging without checking for cyclists in the same lane.
• Poor road conditions: Potholes, missing signage, or debris. Sometimes these are at the fault of the city.

Who Is Liable in a Bicycle Accident?

Bicycle accident liability in California depends on who acted negligently. In most bicycle accidents involving vehicles, the driver of a motor vehicle is at fault. Liability can also fall on a vehicle manufacturer if a defect contributed to the crash.

California requires that every party involved in an accident be evaluated for their share of fault. In some instances, you will want to sue a driver for hitting you on your bike. This brings us to California’s Comparative Negligence Law, which we will explain below.

How California’s Comparative Negligence Law Applies to Cyclists

California operates under a pure comparative negligence rule. This means that injured parties, even if they were 99% at fault, are still entitled to recover damages. So, who is at fault in a bicycle accident in California? The simple answer is everyone involved.

Say you were biking at night without a light, and a car didn’t see you and swerved into you. You, as the cyclist, may be 50% at fault, which would result in a reduced bike accident injury claim in California.

What to Do After a Bicycle Accident

Just like a vehicle accident, the steps you take immediately after an accident directly affect your health and your legal claim. Always do the following:

• Step one: Call 911 and file a police report.
• Step two: Seek medical attention, even if you feel fine, because some injuries appear days after an accident.
• Step three: Take photos of everything: your bike, the car involved, the road condition, and injuries.
• Step four: Get the driver’s information: name, license, insurance, and license plate.
• Step five: Check if there were any witnesses.
• Step six: Never give recorded statements without legal counsel present.
• Step seven: Call Jacob Emrani, a professional bicycle accident lawyer in Los Angeles.

What Compensation Can Injured Cyclists Recover?

A bicycle accident claim can include compensation for:

• Medical bills.
• Lost wages due to injury.
• Emotional and mental distress.
• Proper damage to your bicycle.

Why You Need a Bicycle Accident Lawyer in Los Angeles

Bicycle accidents happen in Los Angeles every day, and insurance companies are never helpful, doing everything in their power to minimize your claim. After an accident, even days after, you will probably still be recovering. Navigating the complex world of accident claims is tough.

The full value of your claim depends on the severity of your injuries, the strength of the evidence present, and having skilled legal representation, like Jacob Emrani, advocating for you.

Were You In A Bicycle Accident? Call Jacob Emrani

If you or someone you love has been in a bicycle accident in Los Angeles, don’t wait for your deserved and fair compensation. You need a personal injury lawyer who will fight for your rights to recovery. Call The Law Offices of Jacob Emrani today.