California, one of the most densely populated jurisdictions in the country, particularly in urban regions, has seen a significant rise in cyclists. This is largely attributed to the state's pleasant climate. Although there are several other enjoyable ways to travel around California, many people prefer biking as it provides a laid-back and cost-effective alternative to driving.

Riding a bike is a joyful pastime and an excellent way to avoid traffic in Californian cities. However, cyclists are more vulnerable to dangers on the roadway compared to motorists for various reasons. This article provides a better understanding of the risks that cyclists face on the roadway and offers guidance on what to do if you sustain injuries in a bicycle accident.

Types of Dangers Cyclists Encounter On Roads

Despite being a passionate and proficient cyclist, it's impossible to dodge every potential bike accident. Nonetheless, staying alert to the different risks that could pop up during your ride can significantly reduce the chances of unwanted incidents.

Cyclists, more than other road users, are at a higher risk of sustaining severe injuries in accidents due to certain aspects of the roadway. Some of the risks that cyclists face daily include:

T-Junctions

Unfortunately, T-junction accidents occur at the same rate as roundabout accidents. However, there’s a distinct difference between them:

  • Accidents that occur when vehicles entering main roads collide with bicycles passing through the intersection
  • Drivers who don’t give way in intersections or when turning across incoming traffic

Drivers often claim that the bicyclist is not visible. In these situations, witness testimony can be crucial to determine factors such as whether the rider was using lights on their bicycle at night.

There are other debates regarding visibility that could arise, like whether a cyclist should be putting on bright apparel. However, it’s widely known that this argument is often disregarded. In other words, the existence of reflective strips on the cyclist's attire or a different-colored jacket would most likely not have altered the outcome if a motorist failed to notice the bicycle in broad daylight.

Clothes should be low on the checklist of concerns, especially when promoting cycling as an activity. The Highway Code recognizes that cyclists can be challenging to spot, especially when they are coming from behind, exiting intersections, navigating roundabouts, and passing or weaving through traffic. In summary, drivers need to be more alert and watch out for bikers.

Roundabouts

It would not come as a surprise to you that roundabouts, especially the larger ones with multiple exits, often rank high on the list of reported accident locations. Furthermore, most of the time:

  • Drivers enter a roundabout from the side road without giving the cyclist way to pass
  • The car exits the roundabout after passing a cyclist but leaves inadequate space. As a result, their automobile strikes the bike before exiting the roundabout

This case shows that the driver's negligence was to blame for these accidents.

Parked Vehicles

Bicyclists are especially vulnerable to vehicles parked parallel to a roadside. This is because some drivers open their doors without checking for approaching cyclists. If a cyclist were coming from behind at that moment, they could collide with the car door open.

To prevent dooring biking accidents caused by parked cars, it is recommended that you ride your bike in the center of the roadway, leaving some space between it and any parked cars nearby. This safeguard is imperative because you never know when the occupants of a parked vehicle might open the vehicle’s door as they exit.

Bicycle accidents caused by dooring, where parked cars next to the roadway are involved, are preventable and unnecessary. If a car passenger or driver opens the door without scanning for approaching cyclists, they should be held responsible for any injuries sustained in a collision with their opened door.

Potholes and Cracks on Road

Potholes and poorly maintained roads could be extremely dangerous for bicycles and sometimes seem impossible to avoid. When riding in groups, it's crucial to stay vigilant and signal any potholes ahead, especially if other riders are closely following. To avoid dangerous potholes, it is best to ride assertively on poorly maintained roads and stay away from the edge.

After an accident resulting from a poorly maintained roadway or potholes, managing claims against highway authorities can be difficult. You typically start by analyzing the highway maintenance and inspection documents to identify any deficiencies or discrepancies. Recent successes have been achieved in similar situations, although the outcome often hinges on the quality of the documentation.

Overtaking

Many people choose to ride their bikes to work. However, with the increasing number of vehicles on the roads, it's natural to be concerned about the traffic and the irritability of certain drivers. One common type of accident happens when bicycles weave around or pass stationary or vehicles moving slowly in heavy traffic.

Bikes have the right to pass or filter between lanes of stopped or moving cars. However, accidents often occur in these situations when drivers fail to check their blind spots or mirrors before changing lanes.

If you are a cycling enthusiast, you should pay special attention to intersections on your left side and make an effort to stay out of the line of sight of any trucks or large vehicles that may turn without signaling. A collision is not always necessary for a crash to occur. For example, you can file a case if a truck overtakes you so closely that you fall without any physical contact. Cases involving bicycles hit by overtaking cars are easy to win.

The Highway Code is clear. Cars must allow bicyclists at least the same amount of space as they could when passing another car. Additionally, drivers should be aware that bicyclists may need to abruptly avoid obstructions like drain covers or uneven road surfaces.

Driving While Under The Influence

Drunk driving counts as a major contributor to many traffic incidents, making it a recurring problem on our roads. The impaired vision and judgment caused by alcohol consumption make it difficult for drivers to avoid even predictable bicycle accidents. This highlights the inherent dangers of drunk driving.

Additionally, drivers who are under the influence of alcohol can accelerate and make unsafe turns, increasing the risks of biking accidents. In personal injury cases, it is not necessary to provide additional evidence to hold a drunk driver responsible for the damages caused by the accident. This is because driving while intoxicated is already illegal and considered negligent behavior.

Distracted Driving

This refers to when a motorist engages in any activity that takes their focus away from the road, such as texting, adjusting the car radio, or even eating. In California, driving while distracted is considered a negligent action according to the law. Therefore, any motorist who causes a crash while being distracted should be held legally responsible for any damages in the event of an injury lawsuit.

Factors That Increase Risks of Cyclists on the Road

Riding a bicycle is a great way to unwind and have fun. However, when you bike around cities, you put yourself at a greater risk compared to other drivers. Due to the difference in stability between a bicycle and a car, cyclists need to exercise greater caution and vigilance to prevent any anticipated accidents.

Certain individuals are more likely than others to sustain severe injuries in a biking accident, based on the following factors:

  • The time
  • Age
  • Impairment due to alcohol or drug use
  • Helmet use

Wearing a helmet can help prevent serious brain and head injuries in the event of a fall, although it cannot eliminate the possibility of bicycle accidents. Whether or not you were wearing a helmet, it is crucial to seek medical attention right away if you have been in a bicycle accident because there may be internal damages that only a physician can identify.

Types of Injuries Cyclists Suffer From Various Road Risks

Even when a cyclist wears safety gear such as a helmet, the risks they face on roadways can still lead to serious wounds in a bicycle accident. This is because a bicycle lacks the protective enclosure of a vehicle. The following list includes common injuries from bicycle accidents:

  • Internal bleeding
  • Dislocations or strains
  • Fractures to the teeth
  • Neck and head injuries
  • Eye injuries
  • Fracture of the hand
  • Road rash, bruising, or abrasions
  • Bone fractures
  • Head injuries

Even if you’re not experiencing any pain or discomfort right away after a biking accident, it is crucial to see a doctor. Internal injuries can go unnoticed and might not show symptoms right away. Also, don't forget to hold onto all the medical documents and bills. They'll serve as proof of the damages suffered if you decide to take legal action against the party at fault.

What to Do in California Following a Bike Accident

Irrespective of the dangers you encounter while cycling on the roadway, there is a chance that you may be entitled to compensation if you sustain personal injuries. After an accident, you should consider taking certain steps to protect your interests and uphold your legal rights:

Call 911

The majority of biking accidents result in severe injuries that could cause temporary unconsciousness. If you're fortunate enough to remain conscious after the accident, it's important to dial 911 immediately. If you're unable to do so, ask someone else for help. When you contact 911, the police and an emergency medical technician will respond to the scene of the accident to offer you the required emergency care.

In addition to documenting the crash scene, the police will develop a comprehensive accident report that includes information from eyewitnesses. When pursuing your settlement claim against the party at fault, you will need specific details from the officer's report on the bicycle accident. Therefore, make sure to obtain a copy of it.

Gather Details

Don't rely solely on the law enforcement officer's report for your bicycle accident when filing a compensation claim. It's important not to put all your eggs in one basket. Instead, take immediate action and start collecting evidence right after the incident. To build a strong case, take photos and video clips of the scene, making sure to capture important details such as the other individual's license plate, vehicle model, and any nearby traffic signs.

Don't Take Responsibility

Even if the other driver is clearly at fault for the bike crash, they could try to pressure you into admitting guilt. It's best to remain silent in such situations, particularly if the motorist seems intoxicated, to avoid unwarranted disputes. Don’t share any details that would be misinterpreted as accepting blame for the accident.

Seek Medical Help and Consult an Attorney

Do not underestimate the importance of seeking medical help after a bike accident. Without a doctor's expertise, you might overlook internal damages that are not immediately apparent. While you are receiving treatment and taking your prescribed medication, it is also important to consider how you’ll seek settlement from the person responsible for the accident.

To avoid being pressured into accepting a low settlement, you should consult with a lawyer before dealing with the other driver's insurance company. Your lawyer will help alleviate your worries as you get your prescription. When seeking reimbursement from the at-fault party, make sure to retain a copy of all your therapy and post-medical expense receipts as evidence of your damages.

Parties Liable in Bicycle Accidents

When submitting your compensation claim after a bike accident, you should be aware of a few liability areas. The following are potential areas of liability for the bicycle crash that caused your damages and injuries:

Motorists

Every driver should be responsible and careful to avoid accidents with pedestrians, cyclists, or other vehicles. Unfortunately, this isn't always what happens. There are cases of irresponsible driving due to alcohol consumption or engaging in distractions while behind the steering wheel.

If a reckless driver is responsible for your injuries in a bike accident, it is only fair that you take legal action against them to recover both future and present losses. To ensure that the person at fault is held liable for your damages in court, you’ll need a lawyer on your side who can effectively prove every aspect of the negligence involved in your lawsuit.

The Governing Bodies

If your accident was caused by poor conditions on the roads, you could qualify for compensation for resulting losses. In personal injury cases like these, the government body responsible for maintaining the roads where the accident occurred could be held accountable for your losses. You should consult with a lawyer to assess the viability of your case against the authorities regarding the poor roadway conditions and to determine if you can seek compensation.

The Manufacturer

Suppose that the bike that caused your losses and injuries due to a collision had a faulty component when you purchased it. In this case, California's product liability laws may hold the manufacturer of the bicycle responsible for all of your damages, as they produced, marketed, and sold a bike that had a faulty component.

Unlike other injury cases involving drivers or pedestrians, you can receive compensation without having to prove that the bike manufacturer was at fault. Your lawyer simply needs to demonstrate that:

  • The injuries sustained were caused by a faulty bicycle component
  • You were riding your bike in a fairly predictable way
  • The accused is the designer, developer, and vendor of the bike
  • When you purchased the bicycle from the accused party, it had a faulty component

Pedestrians

Pedestrians can unintentionally cause bicycle accidents in many ways. If such incidents lead to personal injury cases, pedestrians should take responsibility for any resulting damages. Here are some common scenarios in which pedestrians get involved in bicycle accidents:

  • Taking a stroll while messaging
  • Running in front of the cyclist
  • Uncontrolled dogs
  • Suddenly walking into a bicycle lane
  • Walking while having headphones on

Pedestrians, just like drivers, have to exercise caution and responsibility to avoid incidents that could have taken place in the future. If a pedestrian was careless, for example, if they were texting while walking, they should be held accountable for any damages that resulted from an accident that they caused involving a bicycle.

Is It Required By California Law For Me To Wear A Helmet When Cycling?

Certainly not if you are an adult. Only children who are younger than 18 years old are legally required to wear a helmet in the state of California. However, it's important to note that there have been a significant number of cyclists who have suffered severe injuries. As a result, all riders, regardless of age, should consider using helmets that have been pre-approved for their protection. Since you cannot control the actions of other riders, it is a simple safety measure to adopt, even if you are a cautious rider.

Contact a Personal Injury Lawyer Near Me

We at the San Diego Personal Injury Law Firm are aware of the many risks that cyclists face on the road, as well as the unfair stereotypes they often face. If you need legal advice and assistance to seek compensation after a bicycle accident, call us at 619-478-4059.