The short answer to this question is, yes. Bike lanes are supposed to remain unblocked unless prior notice has been given and the proper signage has indicated a bike lane closure. However, whether or not you have grounds to sue will be dependent upon the details of your accident.
To see what legal options are available, contact the experienced Bicycle Accident Attorneys at Maison Law today for a free consultation and case evaluation.
Can Construction Companies Block Bike Lanes in California?
California is known for its abundant cycling infrastructure, making the roads more accessible for cyclists and motorists. Bike lanes are common in nearly every California city, giving cyclists a safe space to ride for exercise or commuting. But when bike lanes are blocked by construction vehicles or debris, it can have serious legal and safety implications.
According to California Vehicle Code 21209, it is illegal for motor vehicles to drive in or block bicycle lanes. This law is designed to keep bicyclists safe and keep them from having to go into traffic.
When is it Permissible to Block a Bikeway in California?
In most situations, no one is allowed to block a bikeway, bike path, trail, or any path formed for the movement of bicyclists. However, certain vehicles or objects may block the lane when necessary. CVC 21211 goes on to specify:
“(a) No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist.
(b) No person may place or park any bicycle, vehicle, or any other object upon any bikeway or bicycle path or trail, as specified in subdivision (a), which impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for safe operation or is otherwise in compliance with the law.
However, blocking a bikeway is permitted in certain instances according to CVC 22512, unless otherwise specified by the city. Instances where the bike lane can be blocked include:
- Drivers or owners of utility of public utility vehicles
- Drivers of vehicles who make brief stops while engaged in the delivery of newspapers to customers along a bicycle route
- Drivers or owners of garbage trucks engaged in the collection of garbage with the front and rear turn signals flashing simultaneously to indicate frequent stops
- Drivers or owners of tow vehicles engaged in the towing of a vehicle with the front and rear turn signals flashing simultaneously
Can I File a Lawsuit Against a Government Construction Company if They Cause My Injuries?
Bike lanes can sometimes be blocked due to government vehicles or poor road maintenance. If a government entity violates bike lane laws and someone gets injured as a result, then a lawsuit can be filed against the government. It is important to know that there are drastic differences when it comes to filing a typical lawsuit, than a lawsuit against a government entity.
Before you can sue a department of the government in California, you must first file a claim with the government entity you intend to sue that meets the requirements of the California Tort Claims Act. This is covered in California Government Code 810-996.6. These laws apply specifically to public entities such as:
- State government
- County agencies and departments
- Local government agencies
- Government employees
To file a claim against California state agencies or employees you will need to go to the California Department of General Services, Office of Risk Management. This site allows for any person to file a government claim to receive compensation for damages caused by the state of California.
If the agency you are suing does not have a claim form, you still have options. Under these circumstances, you can draft your own personal injury claim. Your claim must include the following:
- Your name and address
- Address where you’d like to receive notice
- Date, location, and circumstances surrounding the accident
- A general description of damages caused by the accident
- The name of the employee (if applicable) or agency that caused the injury
- The dollar amount you are claiming
- If you are claiming more than $10,000 you must state if your lawsuit will be considered a limited case (less than $35,000) or an unlimited case (a demand for more than $35,000).
What is the Typical Compensation for a Blocked Bike Lane Accident in California?
While bicycle accidents vary on a case-by-case basis, certain factors will largely determine the amount of compensation you can receive. One factor is the size of the insurance policy you can file a claim against. The larger the insurance policy of the at-fault party, the more you can potentially sue for. Another factor is damages. Damages can be calculated based on your economic damages and non-economic damages, which include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
The more severe your damages are, the more your compensation you will typically receive.
Contact a California Bicycle Accident Lawyer
If you or a loved one have suffered injuries in a bicycle accident due to a blocked bike lane, the Bicycle Accident Attorneys at Maison Law can help. Too often, injured bicyclists are ignored or blamed for accidents. At Maison Law, we advocate on behalf of injured bicyclists and will aggressively pursue compensation, even if you were partially at fault for the accident.
To protect yourself from liability and your right to compensation, contact Maison Law today for a free, no-obligation consultation and case evaluation. There are no upfront fees and you don’t pay a cent unless we win your case.
