When you ride a bike in California, you’re usually by yourself–at least in terms of actually using the bike. But there’s actually laws in place that tell you what kind of seat you need and whether you can have a passenger on your bike.
CVC 21204 helps establish the following equipment regulations:
- Seat – Anyone riding a bicycle to sit on a proper, attached seat. This helps riders stay balanced and in control. Sitting on handlebars, the frame, or standing while riding can make it harder to steer and increase the chance of falling or crashing.
- Passengers – Passengers can only ride on a bike if there’s a separate, securely attached seat for them. This rule prevents people from riding in unsafe spots like handlebars or pegs, which can throw off the rider’s balance.
- Children – Children under the age of 4 or that weigh 40 pounds or less have to be in a child safety seat that’s securely attached to the bike. The seat should protect them from moving parts like the wheels and chain.
Obviously, it’s pretty easy to see why this law is in place: it makes riding a bike safer, whether you’re by yourself or with someone else. But it does raise the question of what you should do if there’s an accident.
Can You File a Claim If I’m a Passenger in a Bicycle Accident?
When you’re hurt in a bike accident, it’s usually because of the actions of someone else. Now in most cases, this happens with a driver who isn’t paying attention or is driving recklessly trying to get around you.
But as the law shows, there’s all kinds of different scenarios where you could get hurt in a bike accident–including one where you’re a passenger. Because this situation is a bit unique, it’s even more key to figure out who’s at fault. That means showing negligence, and to prove negligence, you have to show that someone had a duty to keep you safe, failed to do so, and caused your injuries. In cases like this, liability is usually going to fall on:
- The driver who hit you and the bike rider
- Another cyclist or pedestrian
- A city or agency responsible for road conditions
- A bike or seat manufacturer if a defect caused the crash
Other factors are going to impact your claim, like insurance coverage and how hurt you are. But the important thing to remember is that you still have the right to file a claim and recover financial support for your medical bills, lost wages, and other damages.
What Should You Do After a Bicycle Accident as a Passenger in California?
Riding as a passenger on a bicycle can be risky, especially when accidents involve careless drivers, unsafe road conditions, or bike malfunctions. If you’re injured in a crash, taking the right steps can help protect your health and legal rights.
- Call 911 right away for an ambulance and police response. Even if you don’t feel injured, get checked by EMTs and follow up with a doctor. Some injuries take time to appear, and medical records will be important if you file a claim.
- Get contact and insurance details from the driver involved, the cyclist you were riding with, and any witnesses.
- Take pictures and videos of the accident scene, your injuries, the bike, and any damage. This evidence can help support your claim.
- Keep any damaged clothing, helmets, or personal belongings as they are. These can serve as proof of the crash’s impact.
- Stick to the facts when speaking with police, drivers, or insurance companies. Avoid admitting fault or speculating on what happened.
Following these steps can strengthen your case and help you recover financial support for your injuries. But how do you move forward legally? That starts with reaching out to our bicycle accident lawyers at Maison Law. We can help injured bicycle passengers by:
- Explaining your legal options and helping you understand what your next steps are.
- Investigating the accident to gather evidence and figure out liability.
- Handling insurance negotiations so you don’t have to deal with the stress of claims and settlements.
No matter how they happen, injuries from a bike accident can lead to medical bills, lost wages, and lasting pain. Our team is here to make things easier for you. Contact us today for a free, no-obligation consultation to talk about your case.
