Fortunately, with ideal weather year-round and such a well laid out city, Fresno is a bicyclist’s paradise. While those who ride bicycles on the streets of Fresno have their own rules to follow, many of those bicyclists are injured or killed by drivers who are distracted, causing a failure to maintain their lane of travel.
Examples of Bicycle Accidents in Fresno
A bicyclist very familiar with a 2-mile stretch of McKinley Avenue in Fresno was struck by a semi-truck that didn’t realize he was there. Larger vehicles have a much harder time staying within the limits of a single lane, so failure to maintain is common. While the police did not say whether or not this truck had left his lane when this bicyclist was hit, this tragic accident in January 2019 has led to more attention focused on bicycle accidents on Fresno roadways.
Also in 2019, a group of bicyclists won in a court case against the county. These bicyclists were heading downhill on Auberry Road when they came across gravel and dirt that has washed into the bicycle lane. Two of the riders were injured but none of the injuries were life-threatening. Still, the jury found that it was the county’s responsibility to maintain the roadway for bicyclists just as they had a responsibility to maintain it for vehicles.
As more and more attention is being brought to the bicyclists that share Fresno roadways with vehicles of all types, so is attention being brought to the safety laws they must follow.
The Rule of the Road for Bicyclists
While failure to maintain a single lane is a common reason for a vehicle to strike a bicyclist, causing severe injuries or even death, many of those who report to these accidents don’t know all the rights and responsibilities of bicyclists when operating in a roadway. For example, on any California roadway that a bicycle can legal ride on, the bicyclist has a right to move out of the bicycle lane and into the vehicle lane next to them if they are moving across traffic to make a left turn, if they are being pushed out of their lane by someone on the sidewalk or impeding the bike lane, or if the bike lane ends.
This leads to many tickets being issued to bicyclists who were following their own right-of-way, legally operating their bicycle in Fresno. While it’s true that bicyclists must attach reflectors and headlights to their bikes when riding at night and bicyclists must always head in the same direction as the traffic they are riding next to, many bicyclists are blamed for bicycle/vehicle accidents when they shouldn’t be.
The Meaning of the “Failure to Maintain” Law
Any time a motorized vehicle, including a moped or other motorized bike, comes out of their lane of travel, it is referred to as failure to maintain. While there may be valid reasons for a driver to leave their lane, such as to avoid an accident, make room for a vehicle on the side of the road, etc. many drivers simply cannot maintain their lane due to distraction. If a driver is at fault for striking a bicycle rider because of failure to maintain lane, a personal injury claim can be made in the city of Fresno.
If you are a bicyclist and were injured by a driver that was not able to maintain a single lane of travel, it’s important to seek legal representation by a lawyer who is familiar with the bicycling laws in Fresno. This is especially true if your loved one was killed on a Fresno roadway by a vehicle that should have or was cited for failure to maintain. That Fresno lawyer is Martin Gasparian. Call the Maison Law Firm at (559) 203-3333 to schedule a free consultation to discuss your case.
