Last year alone, hundreds of bicyclists were killed in traffic accidents in the United States. Unfortunately, this includes bicyclists from Butte, Sutter, Yuba, Glenn, and Tehama Counties. Of the hundreds of thousands of biking accidents each year, nearly half of all victims are children. In Chico, many cycling victims are students at Chico State or Butte College. It is noted that head injuries account for about 75% of all serious injuries and fatalities. While collisions with cars account for only about 1/3 of all bicycle accidents, they account for the majority of catastrophic injuries and deaths.
Like motorcycle and scooter accidents, most bicycle accidents are caused by drivers failing to see cyclists. Drivers pull out in front of cyclists, turn in front of oncoming cyclists, and merge into lanes occupied by cyclists. While cyclists are subject to the same traffic laws as car drivers, many drivers treat cyclists as a mere nuisance on the roadway. Motorists often tailgate them, pass too close, or fail to yield the right of way to cyclists. However, proving that the driver was the negligent party can often be a difficult task in a bicycle vs. car collision.
Legally speaking, in California, a bicycle is considered to be a “vehicle” and therefore, cyclists must follow the rules of the road. They need to ride on the right side of the roadway, signal turns, stop at stop signs, etc. When it comes to a collision with a car, liability usually boils down to who was following the rules of the road and/or who had the right-of-way. A cyclist who fails to follow road rules and thereby causes the accident should be deemed responsible for the accident. Conversely, if the motorist causes the accident, he or she should be deemed liable for damages. In some cases, both parties share the blame for the accident.
Sadly, far too often the investigating police officer places blame on the cyclist notwithstanding facts to the contrary. This author cannot explain why this happens, only that it most certainly does happen at an alarming rate. There seems to be some underlying and unexplained prejudice against bicyclists.
A cyclist who is injured in a collision with a motor vehicle should closely examine the facts of the accident. Who had the right-of-way? What was the line of sight for each involved party? Were traffic controls in place and adhered too? Identify witnesses and determine what they observed. The cyclist should obtain the Traffic Collision Report once completed and he/she may be disheartened to read that the motorist received the benefit of the doubt. Insurance companies for the motorist will latch onto the police report and either deny the injury claim or place a disproportionate percentage of blame on the cyclist.
The injured bicycle rider should seriously consider hiring an attorney who specializes in personal injury claims. The injury lawyer can deal with the insurance company and help with the investigation in terms of witnesses, diagrams, and photographs; along with explain the relevant “rules of the road” as found in the California Vehicle Code. An injured cyclist should look with a “jaundiced eye” at the opinions of either the investigating police officer or the other party’s insurance adjuster. Consult an experienced personal injury lawyer to help with a fair and balanced assessment of the case.
Stewart P. Galbraith is an experienced injury lawyer with Penney & Associates, with offices located throughout Northern California. www.penneylawyers.com (530) 899-2777