California One of National Leaders in Bicycle-Motor Vehicle Accidents
If you're a bicyclist, you don't have much protection if a negligent driver hits you. You do, however, have legal recourse. Read here to learn more.
March 02, 2011
California One of National Leaders in Bicycle-Motor Vehicle AccidentsA recent article in the New York Times discussed the many dangers for bicyclists riding on San Francisco's busy streets. According to the article, routine road violations like speeding and illegal turns are the most common causes of bicycle-motor vehicle collisions in the city.
Unfortunately for bicycle riders, these causes are not unique to the San Francisco Bay area, but are common causes of bicycle accidents throughout Northern California, including Sacramento and the surrounding areas. With beautiful year-round weather, residents and visitors alike enjoy traveling around the state by bicycle. Some even use their bikes as their primary form of transportation and commute to and from work on bikes each day.
However, with the high number of cars and bicyclists using the same roads, there is an increased risk for bicycle accidents to occur. Each year in California, hundreds of people are injured in bicycle-motor vehicle collisions, making it one of the most dangerous states in the country for cyclists.
Negligent Motorists Often to Blame for Collisions
Under state law, bicyclists have the same rights to the road as motor vehicles. The law only requires that slower moving traffic keep to the right - not to the shoulder of the road, on the sidewalk, or even in a designated bike path.
Many drivers, however, seem to be oblivious to these laws and do not afford bicyclists their share of the roadway. In fact, most bicycle-motorist collisions are the result of the driver's actions, not the bicyclist. From driving too closely to a cyclist to failing to check blind spots before changing lanes, motorists are by far the biggest safety threat to bike riders.
Some of the most common causes of auto-bicycle collisions include:
* Speeding
* Driver distraction, including use of cell phones and texting
* Impaired driving
* Making left-hand turns in front of bicycles
* Passing too closely to bicycles
* Cutting off bicycle riders
* Failing to check blind spots before changing lanes or merging
* Dooring accidents (opening car doors in front of on-coming bicyclists)
Bicyclists Have No Protection in Accidents
Car-bike collisions can result in very serious and life-threatening injuries. Bicycle riders have virtually no protection if they are hit by a car. In California, only bicyclists under the age of 18 are required to wear helmets. But even those who wear their helmets every time they ride still can be hurt; helmets are useless in preventing injury to the rest of the body when hit by a vehicle traveling at even modest speeds. And in higher energy crashes, even the best of helmets may not prevent a head injury from occurring.
In addition to head and traumatic brain injuries, bicyclists also can suffer back and spinal cord injuries after being hit by a car. Broken bones, dislocations, road rash and soft tissue injuries also can result from these types of accidents.
Victims of bicycle-motor vehicle crashes can require extensive medical treatment, including hospitalization, surgery and rehabilitation. Depending on the severity of the injuries, an injured bicyclist may incur thousands of dollars in medical expenses and be forced to miss significant time from work while healing from his or her injuries. In the worst cases, a bicyclist may die as a result of the accident.
Get Help with Your Bicycle Injury Claim
Bicyclists who have been injured in an accident with a negligent driver should not be responsible for paying for losses they did not cause. Drivers are required by law to operate their vehicles in a safe manner, which includes sharing the road with bike riders. When they fail to do so and someone is injured as a result, motorists should be held accountable for their acts.
Filing a civil claim against the negligent driver is one way to hold him or her accountable. In a civil claim, the injured bicyclist will need to prove that the driver owed him or her a duty to drive safely, that the driver breached that duty and as a result, the bicyclist was harmed.
Some of the types of compensation that may be available in a bicycle accident suit include out-of-pocket expenses, like medical bills, lost wages and property damage costs as well as non-financial losses like pain and suffering.
Are you asking yourself what you should do after a bicycle accident? For more information on bringing a bicycle accident injury claim, contact an experienced attorney today. In California, accident victims have two years from the date of injury to file a legal claim. Do not let time expire on your right to hold those who have harmed you accountable.
Article provided by Ashton & Price, LLP
Visit us at www.ashtonandprice.com.