California bicycle laws and safety

Tel: (805) 544-0100
Web: harrispersonalinjury.com

689 Tank Farm Rd. Suite 240
San Luis Obispo, CA 93401

An Introduction to Your Legal Right to Ride

A Personal Injury Law Firm Serving California’s Central Coast
HarrisPersonalInjury.com

The Duty of Care
 Assumption of Risk
 “You knew the risk and took it anyway”
 Proper Lookout
 Obligation of “driver” to be aware of plainly visible hazards / potential hazards
 Unsafe Pass
 Defined by statute or “Due Care”
 California = “safe distance” State. SB 910 required 3ft passing distance – Vetoed
 Following Too Closely and Motorpacing
1. Traffic offense: following another vehicle more closely than is reasonable / prudent
2. Speed racing on a highway
3. Reckless driving misdemeanor (driving record)
4. Bonus: Insurance policy excludes race or contest related accidents


The Duty of Care (Continued)
 Traffic Signals
 Proper stop = Complete stop AND looking for / yielding to other vehicles
 No such thing as a “bicycler’s stop”
 Not triggering a sensor? – wait 3 minutes
 Distracted Riding / Driving
 Illegal to ride with two headphones in California
 Proposed California ban on cellphone while cycling
 Bicycling Under the Influence
 DUI law applies, but different penalties
 Where to Ride
 “As close as possible practicable to the right”
 Are bicycles allowed on sidewalks? > Yield to pedestrians.


Getting a Citation
 “Do you know why I pulled you over?”
 Good luck talking your way out of a ticket
 Signing the citation is not an admission of guilt
 Fighting a ticket?
 Gather evidence at the scene / photos
 Get an eyewitness
 Research local laws and codes. Defense: Mistake of fact, legally justified, necessity defense
 Be on time, look and speak the part


Equipment Laws


Motorist vs. Bicycle Accident Fault


Bicycle Accident Checklist
 Wait for police to respond
 Never admit fault
 Make an official statement
 Supplemental statements can be given
 List ALL injuries, even minor ones
 Get witness contact info
 Seek prompt medical treatment
 Preserve your evidence
 Photos of injuries, equipment, clothes, etc.
 Never release custody of evidence (only attorney)
 Do not communicate with Insurance Co.
 Consult with a bicycle injury lawyer
 Free consultation – Contingency fee


California Liability Laws
 California is a Tort Liability System state
 Economic Loss, e.g. medical expenses, loss of earnings, etc.
 Physical Pain
 Mental Distress
 Loss of the ability to enjoy life, e.g. fear of cycling
 Loss of consortium
 Wrongful death
 Future damages
 Punitive damages, e.g. gross negligence or criminal negligence
 California is a Pure Comparative Negligence state
 The injured person can recover damages for injures received
and is liable for damages for injuries inflicted. E.g. 60% driver 40%
cyclist is possible.


A Cyclist’s Guide to Insurance
 Insurance Adjuster
 A person with opposing economic interests
 The Motorist’s Auto Policy
 Primary insurance source, e.g. 15/30
 Was the motorist at work during the collision?
 Cyclist’s Uninsured/Underinsured Motorist Policy
 Secondary insurance if damages exceed insurance limits
 Homeowner / Umbrella policies may also apply
 Medical Payments Coverage
 Pays medical bills without regard to liability
 Medical Lien
 Medical expenses guaranteed by your attorney
 Subrogation
 Reimbursement owed to health insurance, MedPay, etc.


Bike Law Trivia
 When are you legally allowed to NOT use an available bike lane?
 If you are traveling at the normal speed of traffic
 If the potential “dooring” represents a reasonable hazard
 When are you legally allowed to litter?
 Never: Litter laws do not distinguish between biodegradable and other objects
 When are you required to carry identification on a bicycle?
 Exception to vehicle status – no statutory ID requirement
 Citation = legal right to know ID. Good to have in case of injury.
 When is “roadside relief” legally permissible?
 Technically never – indecent exposure or disorderly conduct (rarely enforced)
 Legal definition is “physically offensive to the public” (rural vs. public)
 When are you legally allowed to ride on the sidewalk?
 In most cases, always. Must yield to pedestrians


California bicycle laws and safety

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