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Bicycle Accidents | Statistics
According to California’s Department of Motor Vehicles each year in this State more than 100 people are killed and hundreds of thousands more are injured in automobile versus bicycle collisions. The DMV relates some of these crashes to the motorist’s lack of attention.
Bicycle Accident | California Law
California motorist must look carefully for cyclist before turning left or right, merging into bike lanes, and opening doors next to moving traffic. Drivers must use reasonable care when sharing the road with a bicyclist. A driver’s failure to use reasonable care when sharing the road with a cyclist is negligence.
Bicycle Accident | Standard of Care
A driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator.
If the driver is unable to comply with the three feet requirement due to traffic conditions, the driver shall slow to a speed that is reasonable and prudent and may pass only when doing so would not endanger the safety of the operator of the bicycle, taking into account the size and speed of their motor vehicle and the bicycle, traffic conditions, weather, visibility, and the surface and width of the highway.
If a collision occurs between a motor vehicle and a bicycle causing bodily injury to the operator of the bicycle, and the driver of the motor vehicle found to be in violation of the Three Feet for Safety Act, a fine shall be imposed on that driver.
Bicycle Accident | Bike Lane Requirement
There is no requirement to ride in a bike lane or path that is not on the roadway.
When there is a bike lane delineated on the road, California Vehicle Sect. 21208 requires a cyclist to use the lane except under the following conditions:
- When overtaking and passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if the overtaking and passing cannot be done safely within the lane;
- When preparing for a left turn at an intersection or into a private road or driveway;
- When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions; and
- When approaching a place where a right turn is authorized.
Bicycle Accident | Injury
As noted, some bicycle accident injuries are severe, life altering and result in wrongful death. Others include traumatic brain injuries and orthopedic injuries (neck/back/arms/legs). It is important to seek adequate medical attention for your injuries so that collaborating injury documentation may be requested from your care providers.
Ordaz Law, APC | Bicycle Accident Attorney
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a bicycle accident attorney in San Diego County. We helped victims suffering from a variety of injuries, who have sustained their injuries through these traumatizing collisions. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego bicycle accident attorney.
We are for Justice no Matter Who it’s for or Against.
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Blog: Personal Injury
Blog: Bicycle Accidents
Bicycle Accident | Personal Injury
Sources and Useful Links:
California Department of Motor Vehicles – DMV Handbook
California Department of Motor Vehicles – California Driver Handbook
California Bicycle Coalition