California bicycle laws and safety

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An Introduction to Your Legal Right to Ride

A Personal Injury Law Firm Serving California’s Central Coast

HarrisPersonalInjury.com

The Duty of CareAssumption of Risk

“You knew the risk and took it anyway”

Proper LookoutObligation of “driver” to be aware of plainly visible hazards / potential hazards

Unsafe PassDefined by statute or “Due Care”California = “safe distance” State. SB 910 required 3ft passing distance – Vetoed

Following Too Closely and Motorpacing1.Traffic offense: following another vehicle more closely than is reasonable / prudent2.Speed racing on a highway3.Reckless driving misdemeanor (driving record)4.Bonus: Insurance policy excludes race or contest related accidents



The Duty of Care (Continued)Traffic Signals

Proper stop = Complete stop AND looking for / yielding to other vehiclesNo such thing as a “bicycler’s stop”Not triggering a sensor? – wait 3 minutes

Distracted Riding / DrivingIllegal to ride with two headphones in CaliforniaProposed California ban on cellphone while cycling

Bicycling Under the InfluenceDUI law applies, but different penalties

Where to Ride“As close as possible practicable to the right”Are bicycles allowed on sidewalks? > Yield to pedestrians.



Getting a Citation“Do you know why I pulled you over?”Good luck talking your way out of a ticket

Signing the citation is not an admission of guilt

Fighting a ticket?Gather evidence at the scene / photosGet an eyewitness Research local laws and codes. Defense: Mistake of fact, legally justified, necessity defenseBe on time, look and speak the part



Equipment Laws



Motorist vs. Bicycle Accident Fault



Bicycle Accident ChecklistWait for police to respondNever admit faultMake an official statement

Supplemental statements can be given

List ALL injuries, even minor onesGet witness contact infoSeek prompt medical treatmentPreserve your evidence

Photos of injuries, equipment, clothes, etc.Never release custody of evidence (only attorney)

Do not communicate with Insurance Co.Consult with a bicycle injury lawyer

Free consultation – Contingency fee



California Liability LawsCalifornia is a Tort Liability System state

Economic Loss, e.g. medical expenses, loss of earnings, etc.Physical PainMental DistressLoss of the ability to enjoy life, e.g. fear of cyclingLoss of consortiumWrongful deathFuture damagesPunitive damages, e.g. gross negligence or criminal

negligence

California is a Pure Comparative Negligence stateThe injured person can recover damages for injures received

and is liable for damages for injuries inflicted. E.g. 60% driver 40% cyclist is possible.



A Cyclist’s Guide to InsuranceInsurance Adjuster

A person with opposing economic interests

The Motorist’s Auto PolicyPrimary insurance source, e.g. 15/30Was the motorist at work during the collision?

Cyclist’s Uninsured/Underinsured Motorist PolicySecondary insurance if damages exceed insurance limitsHomeowner / Umbrella policies may also apply

Medical Payments CoveragePays medical bills without regard to liability

Medical LienMedical expenses guaranteed by your attorney

SubrogationReimbursement owed to health insurance, MedPay, etc.



Bike Law TriviaWhen are you legally allowed to NOT use an available bike lane?

If you are traveling at the normal speed of trafficIf the potential “dooring” represents a reasonable hazard

When are you legally allowed to litter?Never: Litter laws do not distinguish between biodegradable and other objects

When are you required to carry identification on a bicycle?Exception to vehicle status – no statutory ID requirementCitation = legal right to know ID. Good to have in case of injury.

When is “roadside relief” legally permissible? Technically never – indecent exposure or disorderly conduct (rarely enforced)Legal definition is “physically offensive to the public” (rural vs. public)

When are you legally allowed to ride on the sidewalk?In most cases, always. Must yield to pedestrians



Documents

California bicycle laws and safety