Maison Law supports injured bikers in California. If you’ve been injured by another driver entering a bike lane, the Bicycle Accident Attorneys at Maison Law can help you recover the compensation you need.
While drivers are permitted to access the bike lane in certain circumstances, they are not allowed to use it when they put bikers in harm’s way. If you’re suffering from a bicycle accident injury, contact Maison Law today to see what legal options are available.
Driving on a Bike Lane in California
Motorists are only permitted to drive on the bike lane in the following scenarios:
- To enter or leave the road
- Preparing for a turn at an intersection
- To park
California Vehicle Code 21209 does not allow motorized bicycles in the bike lane, however, when they are in the bike lane, they’re required to drive at a safe speed. The statute goes on to say:
“(a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:
(1) To park where parking is permitted.
(2) To enter or leave the roadway.
(3) To prepare for a turn within a distance of 200 feet from the intersection.
(b) This section does not prohibit the use of a motorized bicycle in a bicycle lane, pursuant to Section 21207.5, at a speed no greater than is reasonable or prudent, having due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane, and in a manner which does not endanger the safety of bicyclists.”
Penalties for Violation of CVC 21209
A violation of California Vehicle Code 21209 can result in a standard fine of $238 per violation. Each violation is worth one point on your DMV record. The DMV will track your points for up to three years, and if you receive too many points for violations, you could have your license suspended. According to the DMV, your driver’s license can be suspended for six months if you accumulate:
- 4 points within 1 year.
- 6 points within 2 years.
- 8 points within 3 years.
For these penalties to be decided, you will have to attend a California DMV hearing. In addition to dealing with the DMV, any accumulated points will also be reported to your insurance carrier, which can potentially increase your premiums. So, while driving in the bike lane can seem like a minor violation, it can create serious obstacles and consequences for drivers unwilling to follow the law.
Right-of-Way Laws for Bicyclists in Gilroy
California Vehicle Code 21200 awards cyclists the same rights and responsibilities as drivers. This entitles bicyclists to the right-of-way just like all the other drivers on the road. However, it is important to remain aware of motorists as not all drivers recognize this law or respect the rights of bikers on the road. Other laws outlining the rights of bicyclists on the road include:
- California Vehicle Code 22517: this statute covers dooring. Dooring is when a driver opens their vehicle door into the path of an oncoming rider. Under this law, no driver shall open the door of their vehicle on the side that is available to moving traffic unless it can be done in a reasonably safe manner and without interfering with moving traffic.
- Bicyclists in traffic: cyclists are required to ride as close to the right side of the road as possible except when they’re trying to avoid a hazard, turn left, or when passing. They are also required to signal their movements when turning or preparing to change lanes.
- Riding on sidewalks and crosswalks: California allows cyclists to ride legally in crosswalks. Some cities permit cyclists to ride on sidewalks, but some cities have banned cyclists from using the sidewalks.
What Should I Do After a Bicycle Accident?
The steps you take after an accident will be important to ensuring your safety, as well as protecting your right to compensation if you decide to take legal action. You should consider the following steps after a bicycle accident:
- Ensure your safety: Get out of harm’s way by getting off the road if you can and check yourself for lacerations, or broken bones. Oftentimes, the adrenaline from an accident can mask the pain from major injuries.
- Call the Police: The police will file an accident report and take down the names of everyone involved, as well as assign fault based on the evidence in front of them. A police report will serve as evidence if you need to defend your claims later. Also, an ambulance can be called to make sure you get immediate medical treatment.
- Document the incident: Take photos or film the aftermath of the accident. Film yourself recounting the details of the incident and describe the pain you’re in. It is best to capture how the accident played out while the memory is still fresh in your mind.
- Gather witness statements and driver information (if applicable): Film or record witnesses willing to give a statement about the accident. Take down their names and phone numbers. Photograph the license of the person who hit you and get their contact information. All of this information will help support your claim and assist your attorney in building your case.
- Do not admit fault: Don’t admit fault even if you feel you may have caused the accident. Allow the police to conduct their investigation and determine fault. Even if you are partially liable for the accident, you are still entitled to recover damages.
- Get Medical Attention: Even if you feel fine, it is important to get checked out by a doctor or go to a hospital. Certain injuries can lie dormant and manifest themselves hours, or even days later.
Contact a California Bicycle Accident Lawyer
If you or a loved one have suffered injuries in a bicycle accident, the Bicycle Accident Attorneys at Maison Law can help. Our firm has years of experience in bicycle accident law and will aggressively pursue fair compensation on your behalf, even if you were partially at fault.
If you are partially at fault, then we will work to minimize your liability or eliminate it entirely. Speak with one of our highly experienced personal injury attorneys today by contacting Maison Law for a no-risk, no-cost case evaluation.
