Bicycle Accident Los Angeles
Personal Injury Lawyers Near Los Angeles For Bicycle Accident
Written by Daniel Benji, Esq. head attorney of Benji Personal Injury Accident Attorneys A.P.C.
Cycling in Los Angeles presents significant risks due to high traffic volume and complex roadway infrastructure. While the city has made efforts to improve safety through the Vision Zero Initiative, which aims to eliminate traffic fatalities and severe injuries, accidents involving motor vehicles and cyclists remain frequent. When a collision occurs, the cyclist often sustains severe injuries due to the lack of physical protection compared to a passenger vehicle. Benji Personal Injury Accident Attorneys assists injured cyclists in understanding their legal rights and pursuing compensation for their losses.
Navigating the aftermath of a bicycle accident requires a thorough understanding of the California Vehicle Code (CVC) and local Los Angeles municipal regulations. Liability is not always immediately clear, and insurance companies often attempt to shift blame onto the rider. Establishing a strong case involves analyzing traffic laws, road conditions, and the specific actions of all parties involved.
California Bicycle Laws and Rider Rights
Under California law, bicycles are classified as vehicles. This means cyclists have the same rights to the road as motor vehicle drivers, but they are also subject to the same duties. A clear understanding of these statutes is essential when determining fault in an accident. Violations of these codes by a motorist can serve as evidence of negligence.
| California Vehicle Code | Legal Principle | Application to Accidents |
|---|---|---|
| CVC § 21200 | Bicycles as Vehicles | Cyclists are entitled to the same use of the road as drivers. Motorists must respect the bicyclist's right of way. |
| CVC § 21202 | Position on Roadway | Cyclists generally ride to the right. However, they may "take the lane" if it is too narrow to share safely, when passing, to avoid hazards like debris, or when preparing to make a left turn. |
| CVC § 21706.5 | Three Feet for Safety Act | Drivers must maintain a three-foot buffer when passing a cyclist. If a driver strikes a cyclist while passing closely, this statute helps establish liability. |
| CVC § 22517 | Dooring Prohibition | Occupants of a vehicle cannot open a door into traffic unless it is reasonably safe. This protects cyclists in bike lanes or riding near parked cars. |
Liability and Comparative Negligence
California operates under a system of pure comparative negligence. This legal standard allows an injured party to recover damages even if they were partially responsible for the accident. The court or insurance adjusters will assign a percentage of fault to each party. The total compensation awarded to the injured cyclist is reduced by their assigned percentage of fault.
For example, if a cyclist is found to be 20 percent at fault for riding without a light at night, but the driver is 80 percent at fault for making an unsafe turn, the cyclist can still pursue a claim. The final settlement or verdict would simply be reduced by 20 percent. Benji Personal Injury Accident Attorneys works to gather evidence, such as video footage and witness statements, to minimize the percentage of fault attributed to the cyclist and maximize the potential recovery.
In cases where a driver violates a safety statute, such as the "Three Feet for Safety Act," the concept of negligence per se may apply. This doctrine presumes the driver was negligent because they violated a law designed to prevent that specific type of harm. This shifts the burden of proof, requiring the defendant to prove they were not negligent.
"Dooring" Accidents
A common type of collision in Los Angeles urban centers involves "dooring." This occurs when a driver or passenger opens a vehicle door directly into the path of an oncoming cyclist. These accidents often result in the cyclist being thrown from their bike or swerving into moving traffic to avoid the door.
CVC § 22517 explicitly places the responsibility on the vehicle occupant to check for traffic before opening a door. Liability in these cases usually rests with the person who opened the door. Evidence such as the location of the damage on the door and the bicycle can help reconstruct the event to prove the motorist failed to look for oncoming cyclists.
Dangerous Road Conditions and Government Liability
Not all bicycle accidents involve a collision with another vehicle. Poorly maintained roads, potholes, loose gravel, or obscured signage can cause a cyclist to lose control. In these instances, the government entity responsible for maintaining the road may be held liable for creating a dangerous condition of public property.
Los Angeles has a High-Injury Network (HIN), which represents a small percentage of streets that account for a majority of severe injuries. Corridors such as Figueroa Street, La Brea Avenue, and 7th Street are known for higher collision rates. Vision Zero specifically targets these areas for safety improvements. If an accident results from a defect in the roadway, such as a dangerous design or lack of maintenance, the city or state agencies (like Caltrans) may be defendants in the claim.
The case of Watts v. State of California (2008) established significant precedent when a jury awarded damages to a cyclist injured by loose gravel on the Pacific Coast Highway, a state route maintained by Caltrans. This verdict affirmed that public entities must maintain roadways and bike shoulders in a reasonably safe condition. However, claims against government entities follow strict procedural rules, including a shorter statute of limitations, typically requiring a notice of claim to be filed within six months of the incident. This is a critical distinction, as most personal injury claims in California have a two-year statute of limitations from the date of the injury.
Sidewalk Riding Regulations in Los Angeles
Local ordinances regarding sidewalk riding vary across Los Angeles County. In the City of Los Angeles, LAMC § 56.15 prohibits cycling on sidewalks within designated business districts. Outside of these areas, cycling on sidewalks is generally permitted but comes with strict conditions: cyclists must ride with due regard for the safety of others and must yield the right-of-way to pedestrians. If a cyclist is injured by a car pulling out of a driveway while the cyclist is on the sidewalk, the driver may argue the cyclist was moving too fast or was not visible. Understanding these local municipal codes is vital for defending against claims that the cyclist was riding illegally.
Recoverable Damages in Bicycle Accident Claims
Injuries sustained in bicycle accidents can range from road rash and fractures to traumatic brain injuries (TBI) and spinal cord damage. The cost of medical care and rehabilitation in Los Angeles is substantial. Benji Personal Injury Accident Attorneys reviews all economic and non-economic losses to calculate a fair value for the claim.
Common categories of damages include:
- Medical Expenses: This covers emergency transport, hospitalization, surgeries, medication, and future rehabilitation costs.
- Lost Wages: Compensation for time missed from work due to recovery. If the injury impacts future earning capacity, this is also calculated.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, and loss of enjoyment of life.
- Property Damage: Reimbursement for the repair or replacement of the bicycle and other gear, such as helmets and clothing.
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