A cyclist was rushed to the hospital Saturday morning, August 24, 2019, after being struck by a vehicle. Police say that the cyclist was riding west on Sierra Avenue and entered the intersection at Willow Avenue when she was hit by a motorist traveling northbound on Willow.
The driver remained at the scene and cooperated with police. He told investigators that he had a green light when he entered the intersection. The accident is still under investigation, and no charges have been filed.
Bicycle Intersection Crashes
In California, a bicycle is treated as another vehicle for the purposes of traffic laws and right-of-way. A cyclist disobeying any traffic law can receive a ticket the same as a driver. Intersections are dangerous places for cyclists with over 35 percent of all cyclist fatalities in the U.S. happening at an intersection, according a study from the Insurance Institute of Highway Safety.
When a cyclist is approaching an intersection and riding in a vehicle lane or designated bike lane, the cyclist is required by law to stop at a red light. If the cyclist is crossing the intersection in the crosswalk, then the right of way governing crosswalks applies.
In California, a driver “shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.” However, someone entering a crosswalk is not supposed to walk out into traffic suddenly, and is also required to wait for a green light in the direction of the crossing.
Personal Injury Claim and Traffic Laws
Many times, when someone is injured on a bicycle and they feel that they were in the wrong because they rode out against a red light or didn’t follow the right-of-way laws, they believe that they can’t get any compensation for their injuries.
However, California also has a law that says a violation of a criminal or traffic law doesn’t not make one automatically liable in a personal injury case. This means that injured cyclist must prove that the driver of the car was negligent.
While the traffic law tells us how to driver and ride on the streets, it doesn’t tell us who’s at fault in an auto accident.
Comparative Fault
In California, the law looks at the actions of both parties to an auto accident and determines the percentage of fault for each. If a cyclist was injured while running a red light but the court decided that the driver of the car was 60 percent at fault, then the injured cyclist will get 60 percent of his damages paid for by the driver.
Contact a Clovis California Injury Lawyer:
Because of comparative fault, if you are injured while riding your bike—even if you think you were in the wrong—talk to an attorney who knows the laws regarding personal injury and traffic laws. At Maison Law, we offer a free consultation where you can ask an attorney questions about your specific case and then be advised of your rights under the law.
Don’t listen to the insurance company tell you that you don’t have a claim, rather speak to an attorney today. We feel strongly that once you understand how we can help you, that you will feel at ease letting us handle your claim while you focus on getting back on your feet.
Contact Maison Law at 559-203-3333 to talk to an attorney who can give you the peace of mind that your case is being competently and professionally handled so you can focus on your recovery.
