Maison Law can help you through the claims process if you’ve been injured in a bicycle accident in California. Safety laws are in place for both riders and drivers, but that doesn’t make it any easier when an accident happens while you’re out for a ride. And it’s even more frustrating if you were using a bike lane at the time. We’ll be there to answer your questions and support you. Set up a free consultation today.
Can Drivers Enter a Bike Lane in California?
Whether you’re an experienced rider or just starting out, you’ve likely used a bike lane. And it’s easy to understand why they’re put where they are. The more separation there is between a vehicle and a rider, the safer it is generally.
Still, that doesn’t mean drivers can never enter them. Under California Vehicle Code § 21209, drivers can enter a bike lane in certain situations like
- Drivers can enter the lane to park in a place where parking is allowed.
- Entering or leaving the roadway. Drivers can cross a bike lane when entering the road from a driveway or other access point, or when leaving the road.
- Preparing for a turn. Drivers can enter the bike lane within 200 feet of an intersection to get into position for a turn.
What’s important is that drivers can only enter a bike lane under these specific circumstances. They can’t use it as an extra lane to get around traffic, and more to the point, they still have an overriding responsibility to watch for riders before they try to enter into the bike lane. And not surprisingly, that’s where accidents and other problems can start.
How Accidents Happen When Drivers Enter Bike Lanes
Just because the law says that drivers can enter a bike lane in certain situations doesn’t mean every movement into the lane is safe. In fact, whether a driver is legally doing what they’re supposed to do or not, accidents can happen quickly when they enter a bike lane, usually when the driver:
- Turns into your path without checking for you
- Pulls into or out of a driveway
- Doesn’t check before changing lanes
- Parks in a bike lane
- Misjudges how fast you’re moving or how close you are
- Is distracted or not paying attention to the surroundings
The important thing is that a driver being allowed to enter a bike lane doesn’t automatically mean they can do so however they want. And when they’re being careless, that can quickly lead to an accident—which also usually means they’re the ones responsible for your injuries and other losses.
How You Can Get Financial Help After a Bicycle Accident in California
Unfortunately, even a seemingly minor bicycle accident can leave you with a lot to deal with, from medical bills and missed work to pain that doesn’t go away. That’s exactly why there’s an injury claims process. It allows you the ability to get financial help by either:
- Filing an insurance claim
- Filing a personal injury lawsuit
Most claims start with the at-fault driver’s insurance, but that doesn’t mean things will go smoothly. The insurance company may try to downplay your injuries or argue that you were partly to blame for the accident. Having solid evidence can help make your case clearer and make it harder for the insurer to brush off what happened. If the insurance company won’t make a fair offer, or its coverage isn’t enough to address your losses, filing a lawsuit may be the next step. That means taking the case to civil court, where a judge or jury may ultimately decide the outcome. Many cases settle before reaching trial, but sometimes filing a lawsuit is what gets things moving in the right direction.
And remember, the overall goal of both processes is the same: getting you financial help based on your:
- Medical bills and ongoing treatment
- Lost income or reduced earning ability
- Repairs or replacement for your bike and gear
- Pain and suffering
- Emotional distress
- Decreased quality of life
- Funeral and burial expenses in fatal cases
In California, you generally have two years from the date of the accident to file a claim, though exceptions can apply. Claims involving a government agency usually have much shorter deadlines. It’s a good idea to look into your options early, while evidence like photos, witness information, and accident records is easier to gather.
Talk to Maison Law After a Bike Lane Accident in California
Bike lanes give you a place to ride, but they can’t prevent every collision. When a driver enters the lane to turn, park, or reach a driveway, you may have little warning before they’re directly in your path. And even if the driver was allowed to enter the lane, that doesn’t settle whether they acted safely. At Maison Law, our California bicycle accident lawyers can help you understand your options after an accident. We can:
- Look into what happened, review the circumstances of the collision and whether the driver entered the bike lane safely and legally.
- Help collect accident reports, medical records, witness statements, photos, and other relevant information.
- Deal with the back-and-forth with the insurance company so you don’t have to manage everything on your own.
- Help you understand the claims process and what your next steps might look like.
You don’t have to hire a lawyer after a bike accident, but having someone help with the process can make things easier when you’re already dealing with all the problems that come with these kinds of accidents. Don’t wait. Set up a free consultation with our team today and let us get the recovery process started.
