Bicycle Accident Pomona

Cycling is a popular mode of transportation and recreation throughout Pomona, a city within Los Angeles County. While areas like the timeline of the Pacific Electric Trail or local bike lanes offer access to the city, riders face significant risks when sharing the road with motor vehicles. When a collision occurs between a bicycle and a car or truck, the cyclist often sustains severe injuries. Navigating the legal aftermath of these incidents requires a deep understanding of both California Vehicle Codes and local Pomona traffic patterns.

At Benji Personal Injury Accident Attorneys, we assist victims of bicycle accidents in understanding their legal standing. We examine the specific details of the crash, liability laws, and insurance regulations to pursue fair compensation for our clients.

Rights and Duties of Bicyclists in California

Under California law, people riding bicycles on a roadway generally hold the same rights and are subject to the same provisions as drivers of motor vehicles. This is established in California Vehicle Code (CVC) Section 21200. Understanding these statutes is necessary for establishing liability after a crash.

Key laws that influence bicycle accident claims include:

• Right-to-the-Road Rule (CVC 21202): Bicyclists traveling slower than the normal speed of traffic must ride as close to the right-hand curb or edge of the roadway as practicable. However, exceptions exist. A cyclist may take the lane when overtaking another vehicle, preparing for a left turn, avoiding hazards (including surface hazards or substandard width lanes), or if the lane is too narrow to share safely.
• Three-Foot Passing Law (CVC 21760): This law, also known as the "Three Feet for Safety Act," requires drivers to maintain a distance of at least three feet when passing a bicyclist. As of January 1, 2023, drivers are also generally required to move one lane over, if available, when passing a bicyclist, similar to passing another motor vehicle. If traffic or roadway conditions prevent a driver from complying with the three-foot or move-over requirement, the driver must slow down to a reasonable and prudent speed and may pass only when doing so would not endanger the safety of the bicyclist. Violations of this statute often serve as evidence of driver negligence.

High-Risk Areas for Bicyclists in Pomona

Local traffic data reveals that bicycle accidents in Pomona are not randomly distributed. They frequently cluster around major corridors where traffic volume is high and infrastructure may be challenging for cyclists. Identifying where an accident occurred is relevant to investigating the cause, as specific intersections may suffer from poor design or visibility issues.

Historical data indicates concentration areas for collisions on the following thoroughfares:

• Mission Boulevard: A heavy traffic corridor where speed differentials between cars and bikes create hazards.
• Garey Avenue: As a primary artery through the city, this street sees frequent conflicts between cyclists and turning vehicles.
• Holt Avenue: High congestion levels contribute to accidents in this area.

Intersections pose the greatest threat to riders. The intersection of Mission Boulevard and Garey Avenue, as well as the streets surrounding the Pomona Transit Center, are noted for higher frequencies of bicycle-related incidents. In these areas, failure to yield and improper lane changes are common causes of impact.

Comparative Negligence in Bicycle Accident Claims

Determining fault is rarely straightforward. Insurance adjusters often attempt to shift blame onto the cyclist to reduce their financial liability. They may look at local statistics which suggest that bicyclist errors, such as riding on the wrong side of the road or failing to yield, contribute to accidents. However, California operates under a "Pure Comparative Negligence" standard.

This legal standard allows an injured cyclist to recover damages even if they were partially at fault for the accident. The court or claims process assigns a percentage of fault to each party. The cyclist’s compensation is then reduced by their percentage of fault.

For example, if a cyclist is found to be 20 percent at fault for not using a bike lane, but the driver is 80 percent at fault for speeding, the cyclist can still recover 80 percent of the total damages. Benji Personal Injury Accident Attorneys works to ensure that fault is assessed accurately and that our clients are not unfairly blamed for the negligence of drivers.

The Helmet Defense

In California, adults over the age of 18 are not legally required to wear a helmet while riding a bicycle. Despite this, defense attorneys often raise the "helmet defense." They argue that a cyclist's failure to wear a helmet contributed to the severity of their injuries, specifically in cases involving head trauma.

This argument does not absolve the driver of causing the accident. The absence of a helmet does not cause a vehicle to hit a bicycle. However, defense attorneys may argue that a cyclist's failure to wear a helmet, if they were over 18, contributed to the *severity* of their head injuries. Under California's pure comparative negligence standard, this could potentially lead to a reduction in damages specifically for those head injuries. We strongly advocate against this by demonstrating that the driver’s negligence was the proximate cause of the collision, and that the lack of a helmet does not negate that fault, or by showing that the specific injuries sustained would not have been prevented by a helmet. Legal precedent helps ensure that compensation is not unfairly reduced or eliminated solely due to the absence of safety gear.

Dangerous Roadway Conditions

Not all bicycle accidents are caused by other drivers. Some are the result of dangerous conditions on public property. If a road defect contributed to the crash, the City of Pomona, Los Angeles County, or Caltrans might be liable.

Examples of actionable roadway defects include:

• Potholes or uneven pavement that causes a loss of control.
• Obscured stop signs or traffic signals.
• Dangerous design of bike lanes.
• Debris left on the highway that forces a cyclist to swerve.

Claims against government entities follow stricter procedural rules than claims against private drivers. The statute of limitations for filing a claim against a government entity in California is typically six months from the date of the incident, significantly shorter than standard personal injury limits. This requires filing a formal administrative claim with the relevant public entity before a lawsuit can be filed.

Recoverable Damages

A bicycle accident claim seeks to restore the victim to the financial position they were in before the accident, as well as compensate for non-economic losses. The following table outlines common categories of damages available to injured cyclists.

Statute of Limitations

Time is a critical factor in personal injury cases. For most bicycle accidents involving private vehicles in California, the statute of limitations to file a lawsuit is two years from the date of the injury. Failure to file within this window usually results in the court dismissing the case, barring the victim from receiving compensation.

Exceptions exist that can shorten or extend this timeline. As noted regarding public entities, the deadline can be as short as six months. Other exceptions include: if the injured party is a minor, the two-year period generally does not begin until they turn 18 years old, giving them until their 20th birthday to file a lawsuit. Additionally, under the "discovery rule," the statute of limitations may be extended if the injury or its cause was not immediately apparent and could not have reasonably been discovered at the time of the incident. Benji Personal Injury Accident Attorneys advises victims to seek legal counsel immediately to preserve evidence and ensure all procedural deadlines are met.