Alfonso & Berriz, APC Bicycle Accidents

BICYCLE ACCIDENT INJURY CLAIMS

In Ventura County bicycle accidents of one type or another occur each day. No matter whose fault it is, contact Alfonso & Berriz, APC to see if we can help you get your medical expenses covered. An accident can have a major traumatic effect on a person, and worrying about whether or not you can pay your medical expenses adds to the stress. We can help take that stress off the shoulders of you and your loved ones.

Cyclists Have The Same Rights As Drivers

Under the California Vehicle Code, a person riding a bicycle on a roadway has all the rights and is subject to all the duties of the driver of a vehicle. A cyclist is a legitimate road user, not a guest on the road, and a driver’s obligations toward a cyclist are the same as toward another car.

This is worth stating plainly because insurers routinely open these claims from the opposite assumption, that the cyclist must have done something wrong simply by being there.

The Three Feet For Safety Law

California requires a driver overtaking a bicycle travelling in the same direction to pass at a safe distance of at least three feet. Where three feet is not possible because of traffic or roadway conditions, the driver must slow to a reasonable speed and may only pass when it will not endanger the cyclist.

Dooring

Opening a car door into the path of a cyclist is its own violation. California law prohibits opening a door on the traffic side unless it is reasonably safe to do so, and requires doors not be left open longer than necessary to load or unload. Dooring collisions are common on commercial streets with on-street parking and are frequently misreported at the scene as the cyclist’s fault.

Helmets And Fault

California requires riders under 18 to wear a helmet. There is no helmet requirement for adult cyclists. The absence of a helmet does not mean an adult cyclist cannot recover, though insurers may raise it in an effort to reduce a claim involving head injury.

Shared Fault Does Not End A Claim

California follows pure comparative fault. A cyclist found partly responsible still recovers, reduced by their share. A cyclist found 20 percent at fault would generally recover 80 percent of their damages.

What To Do After A Bicycle Collision

When it is safe to do so:

Call 911 and make sure a report is taken, even if you think you are not badly hurt.
Get medical attention. Adrenaline masks a great deal at the scene.
Photograph the vehicle, the bicycle, the road position and your injuries.
Keep the bicycle, the helmet and the clothing exactly as they are, without repairing anything.
Collect witness names and contact details before people leave.

Deadlines

A personal injury lawsuit generally must be filed within two years under California Code of Civil Procedure section 335.1. Where a public entity is involved, such as a dangerous road surface, a hazardous bike lane design or a municipal vehicle, a written claim is generally required within six months.

Contact us if you or a loved one has been injured in a bike accident. Contact Alfonso & Berriz, APC today if you or your loved one has been involved in a bicycle accident.

Frequently Asked Questions

Do cyclists have the same rights as drivers in California?

Yes. A cyclist on a roadway has the rights and duties of a vehicle driver under the California Vehicle Code.

How close can a car legally pass me?

A driver overtaking a cyclist in the same direction must allow at least three feet. Where that is not possible, the driver must slow down and pass only when it is safe.

I was hit by a car door. Is the driver responsible?

Likely. California law prohibits opening a door into traffic unless it is reasonably safe to do so.

I wasn’t wearing a helmet. Can I still claim?

Yes. Adults are not required to wear helmets in California. Insurers may argue about it, particularly with head injuries, but it does not bar a claim.

What if the road surface caused my crash?

That may be a claim against the public agency responsible, with a six-month written claim requirement rather than the ordinary deadline.