Maison Law represents injured bicyclists in California. When there’s no bicycle lane, some drivers do not understand how to share the road, resulting in severe injuries to unsuspecting bike riders.
Motor vehicle drivers overtaking or passing a person on a bicycle traveling in the same direction must provide at least three feet between the vehicle and bicycle when passing. When this rule is violated and a bicyclist suffers injuries, they’re entitled to receive compensation.
Maison Law advocates on behalf of bicyclists’ rights to compensation and will pursue the maximum amount of damages on their behalf. Contact Maison Law today for a cost-free consultation and case evaluation.
How California Law Protects Cyclists
According to California Vehicle Code 21760, a driver attempting to pass a cyclist must provide three feet between their vehicle and the bicycle. If three feet is not available and there is no bike lane, then the driver is required by law to slow down and wait to pass until it is safe to do so. Essentially, if there is no bike lane, then other motorists must respect the speed of the cyclists and only pass in a way that does not put the rider in harm’s way.
Negligence Per Se in Bicycle Accident Cases
When a statute like California Vehicle Code 21760 establishes a driver’s duty of care toward bicyclists, proving the driver violated the law will come down to the “Negligence Per Se Doctrine.”
The negligence per se doctrine proves negligence in the court of law if four elements are established. These four elements include
- The defendant violated a statute, ordinance, or regulation
- The violation proximately caused death or injury to a person or property
- The death or injury resulted from an occurrence of the nature of which the statute, ordinance, or regulation was designed to prevent
- The person suffering the death or injury was one of the class of persons for whose protection the statute ordinance, or regulation was adopted
How Maison Law Strengthens a Bicycle Accident Claim
If you’ve been in an accident due to a reckless driver overtaking you when there’s no bike lane and you suffered injuries, a Bicycle Accident Lawyer can help. Even though accidents like this seem straightforward, they are not. Inevitably, narratives about how the accident unfolded will differ. Of course, no driver has a yardstick ready when they’re about to pass, so establishing carelessness or recklessness can be difficult to prove.
At Maison Law, we advocate on behalf of injured cyclists in California by helping them strengthen their cases and get a fair settlement. In cases like this, even when carelessness is obvious, a driver may claim a cyclist was swerving just before the collision and caused the accident. They may attempt to remove themselves from liability entirely.
The Bicycle Accident Attorneys at Maison Law will aggressively investigate incidents and preserve even the slightest form of physical evidence to keep liability from falling upon the injured party. We will demand a vehicle inspection, look at points of impact, and account for dings and scrapes along the car to show how and where the cyclist was hit. Other forms of evidence to be collected in bicycle accidents include:
- Dash cams
- Traffic cams
- Witness statements
- Police reports
- Accident recreation experts
Most Common Causes of Bike Lane Accidents
The most common reason for vehicles hitting cyclists in the bike lane include:
- Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
- Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal motorcycle accidents every year in California. A driver’s CPU data can potentially reveal their speed before an accident.
- Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
- Driving under the influence (DUI): this action is one of the leading causes of fatal accidents in California.
Contact a California Bicycle Accident Lawyer
If you or a loved one has been injured in a bicycle accident in California, Maison Law can help. Our firm has years of experience in protecting injured bicyclists and will aggressively pursue fair compensation on your behalf. If you incurred damages in a bicycle accident, then we will hold the responsible party liable to the full extent of the law to get you the maximum compensation available.
Contact Maison Law today for a no-risk, no-obligation free case consultation. There are no upfront charges for our services and you won’t pay a cent unless your case is won.
