“Determining liability after a Los Angeles bicycle accident is complex due to California’s comparative fault rules and conflicting local city codes. This guide breaks down negligent parties, local traffic laws and how a dedicated attorney helps injured cyclists secure fair compensation.”
It is amazing how many people ride bicycles in Los Angeles, whether they are commuting and trying to avoid traffic in the downtown area or enjoying a recreational ride along the Marvin Braude Bike Path on the weekends. The fact that are millions of cars on streets creates risk for any person who rides a bike and shares the street with a car. The cyclist will always be the person who suffers the greatest amount of injury when struck by an automobile.
The injured cyclist fears bankruptcy from medical bills, lost pay from being unable to work, and terrible injuries after the incident. To determine responsibility for these losses, state and local legislation must be reviewed. LA’s clogged road infrastructure makes it difficult to determine blame. Contact a bike accident attorney Los Angeles to maximize your payment. They have experience advocating cyclists’ rights.
How Liability is Determined in California
To recover compensation for injuries due to an accident you must prove negligence. Negligence is defined by California law as failing to use reasonable care and then causing injury or harm to another person. All drivers must follow the traffic laws by safely operating their vehicles.
To establish liability, you need to prove that someone was negligent as a result of their failure to meet this obligation which caused the accident and resulted in damages such as physical injury or property damage.
California’s Pure Comparative Fault Rule
Crash victims often worry about what happens if they played a small role in the accident. California uses a legal rule called pure comparative fault. This means blame can be split among multiple parties based on their actions.
For example, if a motorist is speeding but a cyclist is riding at night without a proper light, a jury might find the driver 80% at fault and the cyclist 20% at fault. If your total damages equal $100,000, you would still be able to recover $80,000. Because insurance companies use this rule to shift blame onto riders, consulting bike accident lawyers Los Angeles relies on is vital to keep your fault rating as low as possible.
Common Liable Parties in an LA Bicycle Crash
Liability depends entirely on the specific actions that caused the collision. Depending on the details, a few different parties could be held financially responsible.
1. Negligent Motorists
Driver error causes the vast majority of bicycle accidents in Southern California. The most frequent scenarios include:
- Dooring occurs when a vehicle driver opens their car door in the line of oncoming cyclists. This is an ongoing risk on tightly packed streets like Sunset Blvd. and Santa Monica Boulevard
- Right hooks and left cross turns from motor vehicles are dangerous to cyclists. A right hook happens when a driver passes a cyclist and then turns right, cutting across the path of the cyclist, and a left cross occurs when a vehicle makes a left turn but does not look for oncoming cyclists
- Distractions from driving result in injuries to cyclists every day. A driver who is reading a text message while traveling B.T.B.T will undoubtedly miss seeing a cyclist, as will a driver changing a rideshare app or a driver under the influence of drugs/the alcohol
2. Government Entities and Municipalities
Not every accident involves another vehicle. Broken infrastructure causes dozens of crashes every year. Missing traffic signs, faded bike lane lines, trees blocking visibility, or deep potholes can easily throw a rider from their bike.
The City of Los Angeles, LA County, or Caltrans may be accountable. Claims against government agencies are difficult. The California Government Tort Claims Act requires formal claims within six months of injury. Missing this deadline kills your case, so you need a Los Angeles bike accident lawyer soon.
LA Specific Cycling Laws You Need to Know
Local traffic laws heavily influence how insurance companies and courts assign blame. Knowing these rules can protect your physical safety and your legal case.
- The Three Foot Passing Law: California Vehicle Code Section 21760 mandates cars passing bicycle from behind or side to leave three feet. Most cars that pass bikers are charged with an offense
- The Sidewalk Riding Patchwork: The legality of biking on sidewalks in Los Angeles is unclear. Local legislation allows bicycles on sidewalks as long as you do not compromise others. Other cities around Los Angeles have various sidewalk bicycle laws. Santa Monica business districts prohibit sidewalk biking, and Beverly Hills prohibits it. The spot of an accident can also alter how the law applies to your case
- E Bike Classifications: The electric bike explosion affected local laws. California classes e bikes by speed and motor assistance. Class 3 e bikes, which reach 28 mph are age limited and banned from bike routes. E bike riders who break these guidelines may lose their injury claim
Crucial Steps to Take Immediately After an LA Bike Accident
What you do in the minutes and days after a crash can make or break your ability to get paid.
- Call For Emergency Help: The adrenaline rush after an accident might make it hard to spot significant injuries such internal, brain or bone traumas. Any delay in seeking medical attention allows insurance adjusters to claim you were not hurt in the collision
- Take Pictures: Photograph and/or video the accident site vehicle/s, damaged bicycle, injuries, skid marks and other road dangers and anything else important
- Collect Witness Contact Information: Getting names and telephone numbers from any witnesses/bystanders is key to proving your case. Do this before they leave the accident site
- Do Not Apologize: Stop saying sorry or I did not see you. The insurance company often twists courteous statements against you
- Consult with a Lawyer: Before negotiating with the insurance adjuster or settling your claim, it is vital to know what to do after a bicycle accident in Los Angeles and consult a Los Angeles bike accident attorney immediately
How an LA Bike Accident Attorney Protects Your Claim
Insurance companies often carry bias against cyclists, assuming riders are always reckless or unpredictable. A dedicated attorney fights back against this unfair assumption.
Your legal team will gather vital evidence, including local business security footage, rideshare dashcam videos and city traffic camera data. A lawyer will also calculate your true damages. They look past your immediate ER bills to account for long term physical therapy, lost future income and the pain and suffering tied to your recovery.
Conclusion
Sorting out liability after a Los Angeles bicycle accident requires a clear understanding of state laws and local city codes. You do not have to fight aggressive insurance companies alone while trying to heal. If you have been hurt on the road, contact a trusted bike accident attorney in Los Angeles who counts on to schedule a free consultation and get your recovery back on track.
