What are the Bicycle Laws in California?

• The California Three Feet for Safety Act requires drivers who want to overpass a bicycle driving in the same direction must provide a three feet buffer between their vehicles and the bicyclist. The driver must slow down to a reasonable speed, and only pass when it is safe to do so. 
• Drivers can only enter the bicycle lane to park where permitted, to enter or leave the driving lane, or to prepare for a turn within 200 feet of an intersection.
• Bicyclist must follow the same Vehicle Codes as motorist. Thus, bicyclists must obey the speed limit and make a complete stop at stop signs.
• A motorist in the right lane attempting to make a right turn must yield to any bicyclist riding in the right lane before making their turn.
• Bicyclist are allowed to ride in any traffic lane, as long as they can keep up with the flow of traffic.
• Cyclist riding in right hand lane are allowed to ride on the right side of the car, as well as driving behind the car.
• Bicyclist must stop their bikes before entering a cross walk. Cross walks are meant for pedestrians, not bicyclist. 
• When riding at night, your bike must have a front light that is viewable from up to 300 feet in front of the bike. A bicycle must also use a red flashing light that is visible up to 500 feet behind the bicycle. A bicycle must also have white or yellow reflectors that are visible from the side.

What if I was also at fault?

If a bicyclist is fully at fault of an accident, the biker will be unable to recover any damages. However, a bicyclist will still be able to recover for his or her damages if he or she was only partially at fault. 

When determining liability, California uses the standard of comparative negligence. This means that bicyclist can recover damages up to the percent that the other party was liable. For example, if a motorist was 60% at fault and the bicyclist was 40% at fault, the bicyclist will be able to recover 60% of the compensation he or she would be entitled to. 

What to do if you are involved in a bicycle accident?

• If necessary, call an ambulance. If your injuries are substantial, it is important to get the medical attention you need to treat your body.
• Call the police. A police report can help your case by proving liability.
• Exchange information with the opposing party. If you were involved in an accident with a motor vehicle, ask for a copy of their driver’s license and their insurance information.
• Take pictures. It is important to take photographs of your bicycle, your injuries, and any vehicle that was involved in the accident. 
• Contact Beverly Hills Injury Firm. At Beverly Hills Injury Firm, we care about holding the opposing side accountable for their negligence, and providing our clients with the maximum compensation through negotiation settlements or trials. The staff at the Beverly Hills Injury Firm include dedicated attorneys who have experience working with severe bicycle accident cases. Our staff will work diligently throughout the duration of your case to handle the insurance companies by proving the opposing party’s liability and presenting the extent of our client’s injuries. We dedicate our time handling even the most complicated cases to make sure our clients are properly compensated for their injuries. 

What type of damages can you can recover?

California law allows for certain type of damages that can be recovered from a personal injury case. These different type of damages include compensation for both past damages, and future damages that you can prove. 

Economic Damages- Economic damages are damages given to someone to put them back in the position they would be in if the accident never happened. Economic Damages include:

• Medical bills suffered as a result of the accident,
• Property damage to your bicycle and other damaged possessions,
• Lost earnings,
• Lost capacity to make an earning,
• Other expenses incurred as a result of the accident.

Non-economic Damages- Non-economic damages result from non-economic losses. Non economic damages include:

• Pain and suffering,
• Loss of enjoyment of life,
• Emotional distress,
• Unjust hardships,
• Disfigurement,
• Other non-economic hardships resulting from the accident.

What if the driver that hit me has no insurance?

Generally, a bicyclist will be able to recover damages from the opposing party’s insurance. However, a bicyclist would be able to recover under their own insurance by using their Uninsured Motorist Coverage and Underinsured Motorist Coverage.

Uninsured Motorist Coverage – If a motorist that hit you does not have automobile insurance, you can use your own insurance if your policy contains an Uninsured Motorist Coverage.

Underinsured Motorist Coverage – If a motorist hit your car has a maximum insurance policy that is below your amount in damages, you can use your own insurance will pay for the remaining damages if your policy has an Underinsured Motorist Coverage. For example, if the motorist that hit you has a $50,000 policy limit, and your damages amount to $80,000, your own insurance will pay you $30,000 if your policy limit for Underinsured Motorist Coverage is over $50,000. 

How long do you have to file a claim for your injuries?

California’s statute of limitations requires that you file a law suit within 2 years of the accident. If the lawsuit is against the city, state, or state agency, the statute of limitation can be limited to 6 months. If you are under the age of 18 years old, the statute of limitations will begin once you turn 18 years old. 

If you or a loved one was involved in an accident, call Beverly Hills Injury Firm for a free consultation. We offer our services on a contingency fee basis. Beverly Hills Injury Firm will only recover expenses if our clients recover a compensation.