Bicycle Accidents

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Santa Cruz Bicycle Accident Lawyer

Bicycle accidents are on the rise in California. According to California Healthline, “From 2016 through 2018, more cyclists died in traffic accidents across the state than during any three-year period in the past 25 years.”

In fact, in its tracking of bicycle fatalities across the nation, research by Outside Magazine has found that today, it is more dangerous to ride a bicycle on U.S. roads than any time in the past three decades.

If you have been injured in a bicycle accident, you should get the assistance of a Santa Cruz bicycle accident lawyer to guide you in getting fair compensation for your injuries.

Cycling Accidents on the Increase

Why the increase in accidents involving bicyclists? Some experts point to several converging factors for this:

More drivers on the road
More driver distraction
A consumer shift to larger vehicles such as trucks and SUVs
New popularity in bicycling and bicycle sharing programs

With the arrival of the smartphone, driver distraction is now rivaling driver impairment as one of the main causes of more driving accidents on our roads. In addition, the size of the vehicle adds significant blind spots. A truck or SUV will hit a bicyclist higher on the body because of the vehicle’s higher profile, causing more severe injuries than if the cyclist was hit at the lower extremities.

The Unique Dangers to Bicyclists in Santa Cruz and the Bay Area

Bicycling has surged in popularity across California as well as across the country. And with that surge comes an increase in accidents and fatalities.

Santa Cruz and Bay Area bicyclists are exposed to particularly unique dangers due to the vast amount of rural and backgrounds, as well as the high number of commuters and vacationers that may not be familiar with the roads here locally. Additionally, Santa Cruz has a lot of nature and poorly lit areas which make bicycling in Santa Cruz particularly dangerous.

California Bike Laws

In California, our vehicle codes provide bicyclists with the same rights and responsibilities as drivers. This requires that bicyclists ride under the same rules and have the same rights to hold others accountable for injuries.

Some rules specifically apply to interactions between drivers and bicyclists on our roadways. These requirements as they apply to the driver include:

Drivers must give cyclists at least three feet of space when moving alongside them or passing them.
Drivers may not obstruct a designated bicycle path.
Drivers must allow a cyclist to take the lane when passing, preparing for a left-hand turn, avoiding hazards in the road, when a traffic lane is too narrow for them both to share, or approaching a place where a right-hand turn is authorized.

Rules as they apply to bicyclists include:

Bicyclists moving slower than traffic may take the lane only in the above circumstances.
Bicyclists must use a bike lane when available unless making a left-hand turn, passing, avoiding a hazardous condition, or approaching a right turn.
Bicyclists are bound by municipal and county rules regarding riding on sidewalks.
Bicyclists may not ride on freeways and expressways where prohibited.
Bicyclists may not cross toll bridges unless permitted to do so.

What About Bike Sharing?

Bike sharing programs have popped up in many areas. On the one hand, they can offer great opportunities for seeing the city by bicycle and encourage riding in general. But there are downsides as well.

Lack of helmets -- Because bike sharing programs have no clear way of providing helmet protection for their riders, they simply “recommend” wearing a helmet but the majority go without helmet protection.
Cyclists who are not familiar with the city and laws -- Many bike share participants are visitors to the area and are unfamiliar with the local streets and local laws.
First-time bicyclists, those who have not ridden for a long time, or those who have previously only ridden on small side streets and parks may be at risk on busy urban streets.

Although bicycle share programs are generally safe, there are those inherent risks to consider when choosing to use a city’s bike share program.

Common Causes of Bicycle Accidents Involving Motor Vehicles

When bicycles and motor vehicles share the road, the bicyclist is at a grave disadvantage because of their exposure and lack of protection. Consequently, a bicyclist is subject to more serious injuries than the driver or passenger of a motor vehicle in the case of an accident. This does not mean that the driver is always at fault, however. In the case of a bicycle accident in California, it will always come down to the who displayed negligence.

Common accidents involving bicycles and motor vehicles include

Driver distraction -- Distracted drivers are now one of the leading causes of accidents on roads today. California laws currently prevent any driver from using handheld devices under the current laws. July 1, 2021, will see additional penalties for driving in violation of these laws.
Impaired driving -- Drug or alcohol-impaired drivers who get behind the wheel of a car put everyone’s lives at risk, particularly bicyclists and pedestrians.
Failing to leave adequate space for the cyclist -- Drivers who don’t give cyclists at least three feet of space when moving alongside or passing them are more likely to hit a cyclist.
Failure to yield -- Drivers who fail to yield to a bicyclist at intersections or other locations can cause serious accidents.
Running traffic lights or stop signs -- Whether in a neighborhood setting or urban setting, running traffic lights and signs can be a particular hazard to cyclists.
Speeding -- Drivers who speed limit their reaction time if they need to make important decisions while driving. But even at low speeds, a cyclist is at risk in any collision with a car.
Unsafe lane changes -- Weaving, other unsafe lane changes, or drifting into bike lanes can lead to serious collisions with cyclists.
Unsafe turning -- At an intersection, even with a green light, a driver still has a responsibility to check for cyclists and pedestrians.

If you have been involved in a bicycle accident, a bicycle accident lawyer can help you understand your rights under the law.

Who is Liable For a Bicycle Accident in Santa Cruz or the Bay Area?

If you have been injured in a bicycle accident that was caused by a driver, you may be able to seek compensation from that driver for your injuries and damages. This requires proof that the involved driver was acting negligently at the time.

As a legal concept, negligence means that the driver owed you a duty of care, failed to meet that duty, and caused an accident that resulted in your injuries. Everyone who shares the road owes each other a duty of care to move safely under the law.

In California, we also recognize comparative fault, meaning that if you were partially at fault for the accident, you can still seek compensation for your injuries. In the case of comparative fault, your award would be reduced by the percentage of your fault.

If the driver who caused the accident was issued a traffic ticket or charged with any criminal offense, this may be considered “negligence per se” and makes it much easier for you to collect compensation for your injuries without having to prove negligence.

In the case where a hazard was the cause of your accident and injuries, you may have the right to file a lawsuit against the property owner or municipality. You should get the legal advice of a Santa Cruz personal injury lawyer to discuss what your options are in these cases.

Does Automobile Insurance Cover an Injured Bicyclist in California?

When you have been injured in a bicycle accident in California, you may be able to utilize insurance benefits from a few different sources, including

The at-fault driver’s policy
Your own auto insurance policy
Your UIM/UM policy
Your medical payments coverage
Your own health insurance coverage
Bicycle insurance coverage

When the driver of a car is at fault, a bicyclist may be able to recover compensation for damages from that driver’s insurance policy. All drivers are required to carry insurance to meet state legal requirements.

In the case where a driver is not insured or is underinsured, you have the ability to file a civil lawsuit against that driver. In the meantime, you will be able to use your own insurance resources to pay immediate bills until you recover compensation from the at-fault party. Many companies now offer policies for cyclists and their bicycles. These can cover everything from the theft of your bike to any injuries you may sustain while riding.

If you have been injured by a driver, you should get the assistance of Santa Cruz bicycle accident attorney to help you determine what your legal rights are and what options are available to you as the injured party.

Getting Legal Assistance

After a bicycle accident, retaining a Santa Cruz bicycle accident attorney may be critical to getting compensated fairly for your injuries. At Wave Law Firm, we have dedicated our careers to the rights of injured parties and their families. We would be happy to discuss your case and help you understand your rights. Contact us for a no-cost, no-obligation case evaluation.