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Can I file an injury claim against an Amazon driver who parks in a California bike lane?

Yes. It’s illegal to park in bike lanes in California. An Amazon driver who caused a bicycle accident directly or indirectly would be liable. Injured riders could file an accident claim against Amazon and demand help with medical bills, lost income, and more.

A skilled California bicycle accident lawyer would fully investigate the accident and make sure everyone who contributed to the accident, including Amazon, was forced to provide for the victim. This would help an injured rider secure the best medical care available and be able to afford that care.

Dangers When Amazon Trucks Park in Bike Lanes

Bike lanes are supposed to provide safer paths for riders who must ride along busy streets, but that safety advantage goes away when people park in bike lanes, shutting them down. This careless action can send cyclists scrambling to find a way around, and sometimes, that route it out into the road alongside the rush of cars.

Drivers, bicyclists, and pedestrians have probably all seen delivery drivers pulled over on a bike lane to make a drop-off. Sometimes, they have hazard lights flashing, and sometimes they don’t. No matter, it’s illegal to park on a bike lane.

California Vehicle Code 21211.  

“(b) No person may place or park any bicycle, vehicle, or any other object upon any bikeway or bicycle path or trail, as specified in subdivision (a), which impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for safe operation or is otherwise in compliance with the law.”

The law makes an exception for some city and county vehicles, tow trucks at work, and newspaper delivery workers dropping off a paper.

Everyone else should stay out of bike lanes. This common violation can cause riders to strike a delivery van or cause them to lose control and crash into the road surface. It could also send them out into traffic lanes. And despite having the right to take a lane, just like any motorist, if it’s done around a careless driver, a strike from a car may send a rider flying to suffer traumatic injuries.

Who Is Responsible If I’m In a Bike Accident Caused by an Amazon Driver Parked in a Bike Lane?

Amazon does provide insurance to its full-time drivers, but that’s not the only type of employee they use for deliveries.

A California Bicycle Accident Lawyer can help victims determine who should be helping with medical bills and who has the most insurance coverage to draw from.

These are a few of the scenarios that could play out:

  • Amazon. Amazon backs its full-time drivers with large commercial accident insurance policies. Amazon provides its drivers with a $1 Million policy. The downside is that a massive company can also afford corporate lawyers to work to devalue your case or find ways to blame you for the accident. You may need an attorney to help take on Amazon, its insurance adjusters, and its legal department just to get fair treatment.
  • An Amazon Flex Driver. Flex drivers are independent contractors who sign up to deliver some Amazon packages during certain time periods or “blocks.” When they are picking up or delivering, Amazon covers Flex drivers with the same one-million-dollar policy. But Flex drivers must have their own car insurance, as well. Amazon may claim a Flex driver was “off-the-clock” at the time of your accident and say it doesn’t have to take responsibility. A lawyer can help you determine if you’ll need to file a claim with Amazon or with the Flex driver’s basic insurance.
  • A Normal Driver. In some cases, a delivery van in a bike lane may force a rider out into traffic lanes, only to get struck by a normal driver who is being just as careless as the Amazon driver. In this case, the other driver may be responsible for the financial costs of a cyclist’s recovery expenses. However, Amazon could still be partially liable.

Comparative Negligence in a Bicycle Accident Involving an Amazon Truck

A regular driver may strike a cyclist who is trying to get around a delivery van parked in a bikeway, but the driver and Amazon could both be financially responsible. California follows a legal concept known as “comparative negligence.” It means that more than one party can be held responsible for an accident, and all parties may have to provide support to the victim.

In negotiations with insurers, a percentage of the fault may be assigned to the driver in a personal car, the rest of the fault might be left with Amazon for its employee who blocked the bike lane. A claim could be filed against both at-fault parties.

A skilled lawyer would determine every party that should be held liable and then make sure riders got full compensation for their physical, emotional, and financial hardships.

Contact a Lawyer Serving California Bicycle Accident Victims

If you or a loved one has suffered a serious injury in a bike collision caused by a careless Amazon driver, discuss your case with a skilled California Bicycle Accident Lawyer as soon as possible. Bicycle accident victims should never be left to face the costs of recovery alone.

Contact Maison Law to schedule a free, no-obligation case evaluation available to all bicycle accident victims and their families. We want to make sure victims get the support they need to recover and return to the road again.

If you feel we can help you earn more for your injury, you won’t need any upfront money to hire us. We don’t get paid unless we win your case for you. Then, our fee comes out of the settlement check an insurance company provides.