Yes. People who park in bike lanes are breaking the law. If a cyclist collides with the vehicle or must leave the lane to avoid the obstacle and then gets hit by another car, the driver of the parked vehicle could still be liable for at least part of the accident.
A skilled California bicycle accident lawyer would fully investigate the accident and file injury claims against every party found liable. This would help an injured rider get enough in compensation to cover every current medical bill and those that may arrive in the months ahead.
Can Drivers Park in California Bike Lanes?
No. Drivers shouldn’t park in bike lanes. In bigger cities, it may be common to see delivery trucks from companies like Amazon or UPS sitting in bike lanes as they unload deliveries. This is illegal and dangerous for bicyclists.
Drivers shouldn’t even drive in bike lanes except in a few special circumstances:
California Vehicle Code CVC 21209.
“(a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:
(1) To park where parking is permitted.
(2) To enter or leave the roadway.
(3) To prepare for a turn within a distance of 200 feet from the intersection.”
Hopefully, riders have enough warning to find a way around a car or large van in the lane, but they can have to jump into a regular traffic lane to get around. Cyclists certainly have the right to take up a whole lane, just like motorists, if they deem it necessary, but riders suddenly moving over into a lane can take unfocused drivers by surprise and lead to collisions.
Check out our page on California bike lanes and bike laws for more information.
Who Can Be Held Liable for a Bicycle Accident Caused by An Obstacle in the Bike Lane?
The person or business that obstructed the bike lane would bear liability if the cyclist was sent into an impact as a direct result.
A driver may park in a lane and create a hazardous situation that leads to a bicycle collision. The driver’s car insurance should be held responsible for injury costs. The rider may miss the parked car but get struck by a careless driver going by. In this case, both drivers may be held responsible.
In some cases, the vehicle in the lane represents a business, like a delivery company or a rideshare. It’s possible that a company like Uber or FedEx would be financially accountable for the rider’s injuries in a resulting crash.
But vehicle drivers aren’t the only ones who block lanes.
Another cyclist might leave a bike lying in the lane, causing a rider to swerve and get hurt. The cyclist might have to help a fellow rider with rebuilding their health and their life.
Construction crews working on a building might wall off an entire bike lane. City workers could also block a lane and cause a dangerous reroute for those on bikes. In these cases, the construction company and possibly the city government might also bear responsibility.
What to Do If a Vehicle Parked in a Bike Lane Causes You to Crash
A bicycle accident involving a parking violation and a separate car impact could end up being a complex case. More than one party could have to share in the blame and the financial responsibility.
Your lawyer will gather evidence later, but you may gain access to fresh evidence that could disappear once the accident scene is cleared.
Get to a safe spot and dial 911. Call for an ambulance if necessary. Then, if you are strong enough and the scene is secure, start gathering proof of what happened at the scene:
- Give officers a full account of how your accident unfolded. Make sure they are aware of the role the vehicle parked in the bike lane played.
- Use your phone to take pictures and videos. Take photos of the vehicle parked in the bike lane before it’s moved. Show the license plate and any signage if it’s a business vehicle. Show your damaged bike and any visible injuries. Show any damage to the vehicles.
- Get information from the vehicle’s driver if you see the driver around. Get an employee number, if possible, if it’s a delivery or rideshare driver.
- Check for security cameras. Nearby businesses or homes may have had cameras rolling.
- Talk to witnesses about what they saw. Get contact information.
- Make an appointment with your doctor. The adrenaline is often running high after an impact and can mask injuries on the day of. You may find that in the next few days, new pain emerges. Get everything documented by your physician, even if you’ve already been to the emergency room.
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 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 make sure you are clear on the rights you have as a victim and the benefits that are available to you and your family. We offer a free, no-obligation case evaluation 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.
