Cycling Accident Lawyer in Palm Springs
California is A Comparative Negligence State
While some states consider the driver to be at fault in any accident involving a cyclist, California operates under the pure comparative negligence model. This means that the fault lies partially or completely with whichever party is proven to have failed to proceed with reasonable caution.
That being said, the stakes are undoubtedly higher for the cyclist as bikes provide very little defense while the other person involved is strapped in with seatbelts and encased in thousands of pounds of protective metal. If you are a cyclist involved in an accident with a car, you may need help recovering compensation for the significant medical expenses you have likely incurred.
Schedule your free case consultationwith a member of our team at Christopher C. Vader PC or call (760) 537-4457.
Bike Laws in California
California has state laws that regulate how bicycles must operate, most of which are similar to the rules that govern motor vehicles. Bikes are expected to follow traffic laws such as stop signs and stop lights. In order to proceed safely, it is crucial that bikers understand the rules of the road.
California state laws mandate that bicyclists have:
- Reliable, fully functional brakes
- Handlebars that do not reach above the rider’s shoulders
- The ability for the rider to support the bike with one foot safely on the ground
- Lamp or headlight for riding in the dark
- Reflectors on both pedals as well as one on the rear of the bike
California also has laws in place that cars must follow in order to help promote bicyclist safety. For example, cars are only supposed to pass a bicycle going in the same direction if they are more than three feet away. However, drivers often get distracted and fail to show due diligence on the road.
Some of the most common causes of car accidents with cyclists occur when drivers:
- Turn in front of cyclists, such as at an intersection or into a driveway
- Exceed the speed limit
- Fail to check their surroundings for cyclists
- Run through stop lights or stop signs
- Use their phones while behind the wheel
Insurance companies often offer settlements that infringe on your rights and prevent you from pursuing any further legal action. Even if you are hoping to avoid litigation and reach a settlement, we can provide valuable insight as you pursue fair compensation.
We’ll take care of the legal matters so that you can recover. Call (760) 537-4457.