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

Yes. It’s illegal to park in bike lanes in California. An Uber driver who pulls over to drop someone off or pick someone up and causes a bicycle accident is liable for the injuries. The driver’s employer could also be financially responsible. Injured riders can seek 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 Uber, 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 Uber Cars Sit in Bike Lanes

Uber cars are a constant presence in most California cities. They make a lot of drop-offs and pickups, and sometimes, they pull over in bike lanes to meet a passenger.

The lucrative rideshare business delivers a lot of folks where they need to go, but it can also put riders at risk. An Uber driver may make a quick stop on a bike lane for a pickup, but if they don’t check mirrors and blind spots for cyclists, they can end up striking a bike or sending the rider into a dangerous swerve.

Other rideshare drivers may have to park on a bike lane longer, waiting for a passenger who’s late. A cyclist coming upon a car in the lane might have to dodge the vehicle. They may lose control and be sent to the pavement. They may also have to duck out into a regular traffic lane. They have the right to take a vehicle lane, but there’s no guarantee that other drivers will be paying enough attention to avoid hitting the rider.

Cyclists can suffer broken bones in multiple impacts with vehicles and finally with the road surface. They may endure a Traumatic Brain Injury (TBI) even if they are wearing a helmet. Victims may need to ask Uber for compensation for weeks or months’ worth of medical bills. In response, Uber will assign its corporate lawyers to these cases, trying to find ways to avoid liability. Victims may need legal protection to secure the recovery help they need.

California Law on Parking In Bike Lanes

Bicyclists in bigger cities have probably all seen rideshare drivers pulled over on a bike lane for a customer. 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.

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

Uber provides up to a million dollars in accident coverage for victims of the mistakes their employees may make. But this insurance only applies while the driver is logged into the Uber app and working. Otherwise, you may have to rely on the likely basic insurance policy the Uber driver carries.

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

  • Uber Driver’s Insurance: Uber drivers are required to carry at least the minimum personal car insurance policy that California allows. If an accident happens while an Uber driver is off the clock and logged off the Uber app, victims would have to file claims with the driver’s own insurance provider. This coverage can come with low limits that don’t cover a cyclist’s full injury costs.
  • Uber.  If an Uber driver parks in a bike lane while going to pick up a customer or has a customer in the car when an accident occurs, Uber could provide victims with up to $1 million in coverage. If the rideshare employee has no passenger but is logged into the Uber app at the time of the accident, Uber might contribute less compensation. In either case, Uber’s insurance is supplemental. Victims would usually be asked to file with the driver’s car insurer first, and then Uber might cover whatever the driver’s insurer didn’t cover. Of course, Uber would still have to accept liability, and they may use shady tactics to try to avoid having to accept blame.
  • A Normal Driver. In some cases, an Uber car in a bike lane may force a rider out into traffic lanes, only to get struck by a common driver. In this case, Uber and the other driver involved may have to share blame in the case. The driver in a personal vehicle could be assigned liability for looking at a cell phone instead of watching out for cyclists. Uber could also be held responsible for its driver blocking a bike lane.

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 Uber 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. 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 Uber is forced to provide to you and your family.