Maison Law represents injured bicyclists in California. If you or a loved one were injured due to a UPS driver blocking the bike lane, the Personal Injury Lawyers at Maison Law can help you recover the compensation you need. Contact us today for a free, no-obligation consultation.
Parking in a Bike Lane in California
Motorists are permitted to park in the bike lane unless the specific street specifies otherwise. An important factor in your case against UPS will be whether or not the street where the incident occurred specified if vehicles could park in the bike lane or not. According to California Law, motorists can enter 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.”
What Happens after an Accident with a UPS Driver?
UPS drivers undergo extensive training through a program called Integrad to help drivers avoid accidents while on the job. Drivers are put through 5 to 9 days of driving and delivering simulations before they’re allowed to begin delivering packages in real-world scenarios. Even though all UPS drivers undergo safety training, accidents do happen. According to the Federal Motor Carrier Safety Administration, there were a total of 2,828 UPS truck accidents from 2020 – 2022.
After the immediate aftermath of a UPS truck accident, you will receive medical treatment. At some point, UPS’s insurance may offer you a settlement. By agreeing to that settlement, you waive your right to pursue an attorney, as well as any additional compensation from UPS. It is important to remember that you do not have to accept any settlement offer.
It is advisable to speak with a Bicycle Accident Lawyer before agreeing to settle. Settlement offers through the insurance company are notoriously low. A lawyer will pursue the maximum amount of compensation for your damages, which include:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
Right-of-Way Laws for Bicyclists in California
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 21209: this law prohibits other drivers from driving in the bike lane except to park in permitted areas, or when leaving or entering the roadway.
- 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.
Contact a UPS Truck Accident Lawyer in California
If you or a loved one has been involved in a bicycle accident with a UPS driver in California, the attorneys at Maison Law can help you get the compensation you need. We understand the enormous medical costs associated with severe bicycle accidents and will aggressively pursue a settlement to match the full extent of your damages.
If you suffer damages due to a UPS driver blocking a bikeway, then we will hold them responsible to the full extent of the law. For trusted legal counsel, contact Maison Law today for a free consultation and case evaluation. No upfront money is required and we don’t get paid unless we win your case.
