Yes. It’s illegal to park in bike lanes in California. If a delivery driver parks in a lane and directly causes an impact or indirectly causes a rider to get hurt, the driver and the driver’s employer could be liable for a cyclist’s recovery costs.
A skilled California bicycle accident lawyer would fully investigate the accident and make sure every driver who contributed to an accident and every employer backing those drivers 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.
Delivery Driver Dangers for Bicyclists
Drivers in California are supposed to stay out of bike lanes and off bike trails. The law prohibits most drivers from parking on bike lanes.
California Vehicle Code 21211.
“(a) No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist.
(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 statute goes further to explain that some public utility vehicles, including garbage trucks, are exempt. Newspaper delivery workers may also stop for short periods to drop off papers. Tow trucks, in some cases, would also be allowed to remain on a bike lane.
Otherwise, food delivery workers like Uber Eats employees or delivery drivers like those for Amazon should stay out of bike lanes. A large blue van parked in a bike lane is a major hazard, and getting around it can mean a major side trip for riders. Cyclists have every right to take part of a normal traffic lane or even the whole lane if a bike lane is blocked, but that doesn’t mean fast-moving motorists are paying attention and will slow down to keep the rider safe.
These are just a few of the ways a delivery truck can cause a devastating accident:
- Riders could collide with the van that comes to a quick stop in a bike lane
- Riders could swerve to dodge the van, lose control, and hit the pavement
- Riders might race into a normal traffic lane to get around the obstacle but could get struck by a careless driver not paying attention
Who Is Responsible for My Bicycle Accident Injury in a Bike Lane?
An accident caused by a delivery driver might involve the driver’s insurance and/or the employer who sent the driver out.
Injured victims won’t need to know the laws. They’ll simply wonder who can be held responsible for their hospital bills and their lost wages at work while they are out.
Here are some of the potential parties that may owe a cyclist financial support after an accident involving a delivery vehicle parked on bike lanes:
- The Driver. Some delivery companies require their employees to have their own car insurance policies (like Uber Eats). If drivers aren’t logged into their employer’s app and are off the clock, any accidents would have to be covered by the driver’s car insurance provider. Most employees in this situation would be allowed to get the minimum in coverage. This can provide very low policy limits, meaning victims with serious injuries may not get all of their medical costs paid for. If drivers can file claims against the employer, they’ll usually earn more for their injury claims and be able to cover all of their medical bills and other damages.
- The Delivery Company. Some corporations, like Amazon, back their full-time drivers with large collision insurance policies. Amazon backs its drivers with a $1 Million policy. Other businesses may only cover their drivers when an accident happens while they are on the clock or logged into the app they use for work. The downside is that these large businesses 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 a large delivery company and to get fair treatment.
- Another Driver Involved. As riders try to get around a delivery truck parked on a bike lane, they may be forced out into traffic. A driver who should have been paying attention and slowing down to keep the bicyclists safe might neglect their “duty of care” and strike the rider. This driver’s car insurance company may share in some of the blame and financial liability for the crash. In California, more than one party can be assigned fault in an accident. In these cases, a reckless driver could be given a percentage of the blame, while the owner of the delivery company could also have to accept some fault. This means more than one at-fault party would be providing the victim with support.
In every case, the most important thing is getting riders healed and back on their bikes again. After that, it’s critical that recovering bicyclists don’t have to struggle to pay the medical bills for an accident they weren’t to blame for. A California bicycle accident attorney can defend the cyclist’s rights. Skilled attorneys can also usually secure much more recovery support for victims than they could win for themselves.
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.
