Bicycle-automobile accidents tend to be very chaotic and painful, and it is a legal minefield. Once a cyclist has been struck by a car, one of the first important questions to answer is: Who’s at fault? Determining liability is key to any successful personal injury claim, especially in a comparative-negligence jurisdiction such as California.
This article discusses the key areas in determining fault, key issues involved, and what cyclists and drivers need to know after a crash.
Basic Understanding of Liability in Bike-Car Accidents
In almost all personal injury cases, one party is found at fault by the standard of negligence, which means that one party did not act with reasonable care, and that failure resulted in harm.
In bike-car accidents, the driver or the cyclist (or both) can be at fault, based on the following:
- Road laws
- Witness statements
- Traffic signals
- Police report
- Available video or photo evidence
Common Scenarios in Which the Driver May be at Fault
- Distracted driving (be it texting, eating, or adjusting a GPS)
- Failing to yield to a cyclist in a bike lane or at an intersection
- Opening a car door into the path of a cyclist (that is called “dooring” for obvious reasons)
- Speeding or aggressive driving in shared zones
- Glaring red light or stop sign violations
When the Cyclist May Be At Fault?
- Riding against traffic
- Failing to obey stop signs or signals
- Not using a bike light at night
- Sudden or erratic lane changes
- Riding on sidewalks where prohibited
What Is Comparative Fault in California?
California follows a pure comparative negligence rule. This means even if a cyclist is partially at fault, he can still recover damages-but the amount is lowered by the percentage of fault attributed to him.
Example: If the cyclist is found 30 percent at fault, and the total damages are $100,000, the cyclist can still collect $70,000. This system maintains a fairer approach in case of equal contribution of both parties to the accident.
Key Evidence Proving Fault
While establishing fault in a bike-car collision, it is pertinent to obtain:
- Police report
- Eyewitness statements
- Dashcam or CCTV footage
- Photographs of the scene, damage, and injuries
- Medical records
- Assessments of damages to the bicycle and vehicle
With this evidence, a skilled personal injury lawyer will reconstruct the accident, outline negligent acts, and prove liability.
This article was written by Alla Tenina. Alla is a top Sherman Oaks personal injury lawyer, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.