California is one of the most populated states in the U.S, especially in urban areas, making bike riding a popular activity on the road any time of the year because there is also moderate temperatures, which is favorable for cyclists. Despite the availability of other comfortable means of commuting in California, most people prefer riding bikes because it brings a sense of relaxation and also saves the cost you would incur on gasoline for a car.

While cycling is a fun activity and a great way to commute around the heavy traffic in many urban areas in California, bicyclists face many risks on the road compared to other road users for many reasons. Keep reading this article to better understand the risks bicyclists face on the road and what to do when you incur injuries in a biking accident.

An Overview of Bicycle Accidents in California

California has stringent laws regarding cycling to curb bicycle accidents, which account for many injuries and deaths resulting from most road accidents. According to California Vehicle Code 21200, bicyclists have the same rights on the road as other motorists, meaning they are subject to the same responsibilities and duties as other drivers. For instance, a bicyclist must perform actions such as:

  • Stop at stop signs
  • Follow traffic signals
  • Cycling on the right-hand side of the highway
  • Obey speed lights

Although every motorist must always observe a reasonable duty of care while on the road when driving near a cyclist, a driver must be more cautious and vigilant to avoid foreseeable accidents. A bicyclist is more prone to the risk of catastrophic injuries in the event of an accident than other motorists because a bicycle is small in size and lacks a protection enclosure like a car.

There are strict laws that help prevent bicycle accidents, but there are still more than 700 fatalities and thousands of injuries resulting from bicycle crashes every year. Bicyclists and other motorists must obey traffic safety regulations to avoid foreseeable accidents. However, sometimes that is not the case because some motorists have no regard for other road companions like bicyclists.

If you incur injuries and damages following a bicycle/bike accident because of reckless or negligent acts of another person, whether it's a motorist or pedestrian, he/she should be accountable for all your losses resulting from the accident. The sooner you contact a personal injury attorney, the better it is in preparing essential pieces of evidence for filing a compensation claim from the at-fault party.

Factors that Make Bicyclists Prone to Many Risks on the Road

Bicycle riding is a fun and relaxing activity, but when you choose to ride your bicycle around town, you are more prone to many risks than other motorists. Therefore, as a bicyclist, you should be more cautious and vigilant on the road to avoid any foreseeable accident because a bicycle's stability on the road is not the same as that of a car.

In a bicycle accident incident, some people are at risk of severe injuries more than others, depending on the following risk factors:

  • Age
  • Time of the day
  • Helmet use
  • Alcohol impairment

While helmet use does not prevent bicycle accident occurrence, it does prevent severe head and brain injuries when you fall. After involvement in a bicycle accident, whether you had a helmet or not, you should seek an immediate medical check-up because bicycle accidents can result in internal injuries that only a doctor can detect.

Types of Risks that Bicyclist Face on the Road

As an avid and experienced cyclist, you might not be able to avoid all types of bicycle crashes, but understanding the variety of risks you face on the road as a cyclist can help you avoid unnecessary accidents.

There are particular factors on the road that make cyclists prone to catastrophic injuries in the event of an accident in contrast to other road companions. Here are the types of risks that bicyclist face on the road every day in California:

T-Junctions

Bicycle accidents are prevalent in T-junctions as they are in roundabouts. A bicycle accident in a T-junction usually happens when a motorist tries to turn onto the main road without looking in the side mirror to see if there are oncoming cyclists.


It is common for a motorist to argue that you didn't make yourself visible enough before the bicycle accident, but they are at fault most of the time. Do not admit the accident liability without contacting a personal injury attorney even if you feel you might be at fault in the bicycle accident incident.

Roundabouts

Roundabouts are also dangerous points on the road where bicycle accidents are common. As a cyclist, it is safer to avoid routes with roundabouts where possible, but sometimes this is not realistic.

Like a T-Junction accident, roundabout bicycle accidents happen when a motorist enters a roundabout without checking to see if there is a passing cyclist. California law allows motorists to share the road with cyclists as long as they all obey traffic laws. However, this might not be possible because of a few motorists who drive around without paying attention to other road users' safety due to intoxication and other distracting activities.

Parked Vehicles

Cars parked parallel to the roadside pose a significant risk to cyclists because some car occupants open the door without checking behind to see if there is an oncoming cyclist. When that happens, if there was an oncoming cyclist and was already nearing the vehicle, he/she will ride straight into the open door.

To avoid dooring bicycle accidents resulting from a parked vehicle, you should ride a bike on the central part of the road while giving a little distance between your bike and parked vehicle adjacent to the road. Taking this precaution is essential because you cannot anticipate when the parked vehicle occupants will open the door while exiting.

Dooring bicycle accidents resulting from parked vehicles adjacent to the road are not necessary and are avoidable. A car occupant who opens his/her car door without checking behind to see if there are oncoming bicyclists should be liable for any damages you incur when you run into his/her opened car door.

Potholes

Potholes are a major issue for bicyclists on California roads. Unlike motor vehicles, a bicycle is very unstable on the ground and is more likely to slide when you hit a pothole or ditch while cycling. When you incur injuries and damages after you hit a pothole, you will have to direct your compensation claim to the highway authority in the area responsible for the repair and maintenance of the roads in the region.

Overtaking

A lot of people commute to different places by bike. With so many vehicles on the road, causing traffic, a bicyclist is in an advantageous position on the road because he/she can filter through stationary or slow-moving vehicles.

t's okay for a bicyclist to filter through stationery and slow-moving vehicles in traffic. However, it's sometimes risky because of the impatient motorists who switch lanes without checking their side mirrors for blind spots.

Drunk Driving

Drunk driving is a common issue on the road, and indeed it is a leading cause of many road accidents. Drunk driving is dangerous on the road because alcohol impairs a driver's judgment and vision, making it overwhelming for him/her to avoid foreseeable bicycle accidents.

Additionally, drunk drivers are more likely to violate traffic rules through speeding and making unsafe left turns, which increases the risk of bicycle accidents. Drunk driving is a crime and a negligent act that does not require further proof during a personal injury lawsuit to make the driver accountable for your damages resulting from the accident.

Distracted Driving

Distracted driving is when a driver drives a vehicle while doing other activities that take his/her attention on the road, for example, kissing, playing with the radio, or texting. California law considers distracted driving as a negligent act, meaning a distracted driver who causes an accident should be liable for all the losses resulting from the accident in an injury suit.

What Type of Injuries Can a Bicyclist Incur Due to Many Risks on the Road?

Because a bicycle lacks a protective enclosure like a vehicle, the risks that bicyclists face on the road can lead to severe injuries in an accident, even if a bicyclist wears safety gear like a helmet. Below are common injuries resulting from a bicycle accident:

  • Strains or dislocations
  • Internal bleeding
  • Head and neck injuries
  • Hand fracture
  • Eye injuries
  • Dental fractures
  • Bone fractures
  • Abrasions, bruises, or road rash
  • Concussions

Even if you don't feel pain or trauma in any part of the body after a bicycle accident, you must visit a doctor for a scan to determine if you have internal injuries. Ensure you keep all your medical journals and receipts to act as evidence of your losses resulting from the bicycle accident during your compensation claim against the at-fault party.

What to do After a Bicycle Accident in California

Regardless of the risks you face on the road as a bicyclist, you could be eligible for damages compensation in a personal injury lawsuit. Here is what you need to do to preserve your legal rights and interests as soon as you get out of the accident scene:

Call 911

Most bicycle accidents lead to catastrophic injuries that can make you unconscious for a while. If you are lucky to be conscious after an accident, you should call 911 immediately or ask someone to do it for you if you can't. When you dial 911, police will come to the accident scene together with an emergency medical technician to provide you with the necessary emergency medical attention you need.

Police will also document the accident scene and create a comprehensive report of the accident, including even the eyewitness information. Ensure you get a copy of the officer's bicycle accident report because you will need some of the crucial information in the report when filing your compensation claim against the at-fault party.

Gather Information

Since you cannot entirely rely on the police bicycle accident report during your compensation claim, you should gather as much information as you can immediately after the accident. Gathering the bicycle accident information means even capturing pictures and videos of the accident scene, including the other party's vehicle number plate, car model, and road signs in the area.

Do Not Admit Fault

The other motorist might try to confront or harass you to admit fault even if it was their fault for the bicycle accident. During this period, the wise thing to do is speak less, especially if the driver is drunk, to avoid unnecessary quarrels. Whatever conversation you have with the other motorist, you should be careful not to disclose any information that could mean accepting the accident liability.

Seek Medical Assistance and Talk to a Lawyer

After a bicycle accident, you cannot ignore the need for medical assistance. A bicycle accident is likely to cause internal injuries that you cannot notice without a medical practitioner's help. As you receive your treatment and medication, you should also be thinking of how you will seek your compensation from the at-fault party.

Do not try to deal with the other motorist’s insurer without talking to an attorney because they will try to make you settle for a little compensation. Your attorney will give you one less thing to worry about as you receive your medication. Ensure you keep all your post medical and therapy cost receipts to prove your damages when seeking compensation from the at-fault party.

Liability Areas in a Bicycle Accident Incident

There are several liability areas in a bicycle accident that you need to beware of before filing your compensation claim. Here are possible liability areas in the bicycle accident that led to your injuries and damages:

Motorist

On the road, every motorist must observe a reasonable duty of care to prevent any foreseeable accident with other motorists, bicyclists, or pedestrians. However, sometimes that is not the case with several motorists driving under the influence or doing other distracting activities while on the wheel.

If you suffer damages following a bicycle accident due to a motorist's negligence, you should hold the negligent driver liable for all current and future losses you might incur due to the accident. You will need an attorney to prove all the negligence elements in your case during the trial to make the at-fault party liable for your damages.

The State

If the cause of the accident that led to your damages was poor road conditions, you could also be eligible for damages. The government authority with jurisdiction over the roads in the location where you fell should be liable for your damages in a personal injury lawsuit. Ensure you contact an attorney to know if you have a viable compensation claim against the state for poor road conditions.

Your Bicycle Manufacturer

Suppose the bicycle that led to your injuries and damages after an accident had a defective part when you bought it. In that case, the bicycle manufacturer should be liable for all your losses for designing, manufacturing, and selling a bike with a defective part under California product liability laws.

Unlike in other injury lawsuits against a motorist or a pedestrian, you don't have to prove the manufacturer was negligent to receive your compensation. Your attorney must prove that:

  • Your injuries were a result of the defective bicycle part.
  • You were cycling in a reasonably foreseeable manner.
  • The defendant is the manufacturer, designer, and seller of the bicycle.
  • The bicycle had a defective part when you bought it from the defendant.

The Pedestrian

A pedestrian can also cause a biking accident in many ways, and he/she should be accountable for your losses resulting from the accident in a personal injury lawsuit. A bicycle accident involving a pedestrian is often because of:

  • Walking while texting
  • Running out in front of a bike.
  • Suddenly stepping into a bike lane
  • Uncontrolled dogs
  • Listening to loud music on headphones

Just like other motorists, a pedestrian must also observe a reasonable duty of care while walking around to prevent any foreseeable accident. Suppose the pedestrian was negligent, like walking while texting. In that case, he/she should be liable for your damages resulting from the bicycle accident where he/she was at fault.

What Should I Expect in Court During My Injury Lawsuit?

If you don't manage to settle your compensation claim outside the court, you will have to pursue your compensation claim through a lawsuit. The base of any personal injury lawsuit is negligence. Therefore, your attorney must be ready to prove to the jury the following element of negligence evident in your bicycle accident case:

Duty of Care

Every motorist and pedestrians have a legal obligation to observe a reasonable duty of care while on the road to prevent possible accidents. Your attorney must demonstrate to the jury that the defendant owed you a duty of care for an award of your damages compensation claim.

Duty of Care Breach

If there was the existence of a duty of care, your attorney must go ahead to demonstrate to the jury how the defendant breached his/her duty of care obligation during the bicycle accident occurrence. For instance, if the defendant is a motorist, your attorney can show the jury that he/she was speeding or DUI before the bicycle accident occurrence.

Causation

Causation is the third element of negligence that your attorney must demonstrate to the jury beyond any reasonable doubt during your injury lawsuit. It is not enough to say that the defendant breached his/her duty of care to convince the judge that he/she caused your damages.

The defendant's negligent actions must be the actual cause of your damages because he/she can breach his/her duty of care obligation and not necessarily cause an accident. Therefore, your attorney must be ready to demonstrate to the jury that the defendant's actions were the substantial cause of your harm.

Damages

Lastly, your attorney must prove to the jury that your damages resulted from the bicycle accident where the defendant was at fault. To prove this, your attorney will need pieces of evidence like hospital bill receipts and bicycle repair receipts to show the jury the losses you incurred following the accident. If the jury finds your attorney's evidence viable, meaning the defendant is liable for your injuries and damages, you will receive the following types of damages:

a)  Economic Damages

You will be eligible for economic damages for all the losses you had to incur because of the bicycle accident if you prove the defendant is at fault. Economic damages are payable for the following types of losses:

  • Medical bills
  • Lost earning capacity
  • Lost Wages
  • Bicycle repair costs

b) Non- Economic Damages

Non-economic damages are available because not all types of losses in a bicycle accident are compensable in monetary terms. You will receive economic damages for the following type of losses:

  • Pain and suffering
  • Loss of enjoyment in life
  • Disfigurement
  • Inconvenience
  • Physical impairment
  • Emotional distress

What Should I Do If My Spouse Dies in a Bicycle Accident?

If your spouse dies in a bicycle accident in California, you can sue the at-fault party under wrongful death laws to seek the following types of compensation:

  • Funeral expenses
  • Loss of a consortium
  • Financial earnings your spouse could have received if he/she was alive

Although bicyclists face many risks on the road, cycling is a fun and relaxing activity you cannot avoid because of these several risks available on the road. All drivers and bicyclists must obey and observe the road rules, including traffic laws and the legal duty of care.

If you or your loved one incur damages in a bicycle accident, do not hesitate to contact a personal injury attorney for an investigation of your case to see if you have a viable compensation claim against the at-fault party.

Find a Personal Injury Attorney Near Me

At The Personal Injury Attorney Law Firm, we are aware bicyclists face many risks on the road and are often stereotyped for being reckless. We invite you to contact us at 619-625-8707 if you have been charged in California for the legal guidance and representation you need to pursue compensation following a bicycle accident.