Drivers would often be assigned blame or face partial blame for any collision with a cyclist. However, a cyclist might also face liability for not following traffic laws, such as stopping for red lights and avoiding a sudden dart into traffic.
Assigning fault in a California car accident is an important task, and all evidence should be considered when deciding who should take the financial responsibility.
The Cyclist’s Duty to Follow Traffic Laws
Both cyclists and motorists share the burden of keeping everyone safe on the roadways. There are laws to protect the much more vulnerable rider, but there are also laws that hold bicyclists accountable for observing traffic laws. It’s especially important to follow these vehicle codes when riders must share traffic lanes with cars, trucks, and SUVS.
The most important law may be the one that gives cyclists full rights to most lanes in California. However, it also holds riders to most of the same traffic laws that drivers have to pay attention to.
CVC 21200 Cyclists’ Right to the Road
“(a) (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle…”
According to the California DMV, riders must stop at stop signs and red lights. They must signal when they are turning with arm signals. Accidents caused when a traffic law is ignored might leave a bicyclist responsible for an accident and responsible for any medical costs incurred by the cyclist.
More importantly, they must yield the right-of-way when it’s the law. This would apply when a cyclist makes a mistake and makes too sudden a movement. It might involve darting out in front of a car when the driver doesn’t have a reasonable chance to slow down to avoid a collision. The rider could be held liable for an accident and the recovery costs.
The Laws California Drivers Must Follow Around Cyclists
Drivers must also show a special “duty of care” when cyclists are nearby or in their lane. The negligence of this duty often plays a role in fault in a bike vs. vehicle accident. Drivers can be held partially at fault even if a cyclist makes a careless error. It’s because riders are at much more risk in an impact.
Drivers are required to slow down upon seeing a bicyclist, and they must be at a speed that would allow them to stop safely to avoid a collision if conditions change. That might mean traffic levels that suddenly reduce the room a driver has to pass a rider.
CVC 21760 goes over the “Three Feet for Safety” law for motorists. They must only pass a cyclist sharing their lane if there’s at least 3 feet of room to do so. If there’s not that room, they shouldn’t pass.
A more recent law (AB 1909) requires drivers to switch lanes when possible when attempting to pass a bicyclist.
These and other codes are meant to keep vulnerable cyclists as safe as possible when sharing the roads with motor vehicles of all sizes.
Contact a California Car Accident Lawyer
If you are hurt in an accident as a motorist or a cyclist, and someone else was to blame, it’s a good idea to discuss your options with a skilled California attorney. If you are a motorist struck by another driver, a California Car Accident Lawyer can often help you earn more for recovery. If you are a bicyclist struck by a careless driver, a California bicycle accident lawyer can often help you win more to cover your medical bills.
Maison Law offers a free case review to all California victims who were hurt in accidents. There’s no obligation for your free case review, but if you do need our help, you don’t have to stress about how a lawyer will get paid. Maison Law represents you with no upfront costs. We don’t get paid unless we win your case. Then our fee comes out of the settlement money you and your family receive.
