Car Accidents vs Bicycle Accidents: Understanding the Risks and Your Rights in California
Sharing the road with cars can be a nerve-wracking experience for cyclists in California. While cycling offers numerous benefits – exercise, reduced carbon footprint, and scenic commutes – the risk of serious injury or death in a collision with a motor vehicle is significantly higher compared to car accidents.
This blog post delves into the key differences between bicycle accidents and car accidents, explores the legal landscape for injured cyclists, and offers guidance on what to do after a bicycle accident.
The Dangers of Bicycle Accidents in California
California has a vibrant cycling community, but it also has a concerning rate of bicycle fatalities. According to the California Office of Traffic Safety (OTS), in 2022, there were 848 bicyclists killed in traffic collisions across the state. This translates to a rate of 2.3 bicyclist deaths per 100,000 residents, which is significantly higher than the national average of 1.9 deaths per 100,000 residents.
These statistics highlight the vulnerability of cyclists on the road. Unlike car occupants shielded by metal frames and airbags, cyclists have minimal protection in the event of a crash.
Key Differences Between Bicycle Accidents and Car Accidents
Here’s a breakdown of some crucial distinctions between bicycle accidents and car accidents:
- Severity of Injuries: Bicycle accidents often result in more severe injuries due to the lack of protection for cyclists. Head trauma, spinal cord injuries, and broken bones are common consequences.
- Fault Determination: Determining fault in a bicycle accident can be complex. California follows a comparative negligence system, meaning the percentage of fault attributed to each party impacts their compensation. Factors like following traffic laws, visibility, and intoxication play a role.
- Insurance Coverage: Bicycle accident insurance coverage can vary depending on your individual policies. While some health insurance plans may cover medical expenses, cyclists may need to explore underinsured/uninsured motorist coverage or their own personal liability insurance if they caused the accident.
- What to Do After a Bicycle Accident: If you’re involved in a bicycle accident, prioritize your safety by seeking medical attention immediately. Gather evidence by taking pictures of the scene, your injuries, and any vehicle involved. If possible, exchange information with the driver and any witnesses. Contact a personal injury lawyer experienced in bicycle accidents to understand your legal options.
Bicycle Safety Statistics: A Cause for Concern
According to a study by the National Highway Traffic Safety Administration (NHTSA), in 2020, there were 857 bicyclists killed in motor vehicle crashes in the United States. This number represents a 6% increase from 2019. Bicyclists are more likely than people in motor vehicles to be killed or seriously injured in traffic crashes.
Looking specifically at California, data shows that the state has a high number of bicycle deaths. This is likely due to a number of factors, including:
- The density of urban areas in California, which can lead to more crowded roads and a higher risk of accidents.
- The popularity of cycling in California, which means there are more cyclists on the road.
- A lack of awareness of bicycle safety laws among some drivers.
Common Causes of Bicycle Accidents
Understanding common causes of bicycle accidents can help cyclists and drivers share the road more safely. Here are some of the most common causes of bicycle accidents:
- Dooring accidents: These accidents occur when a driver opens their car door into the path of a cyclist.
- Right-turn accidents: These accidents occur when a driver turns right and fails to see a cyclist riding in the bike lane or shoulder.
- Left-turn accidents: These accidents occur when a driver turns left in front of a cyclist coming from the opposite direction.
- Rear-end accidents: These accidents occur when a driver following a cyclist fails to stop in time and crashes into the back of the cyclist.
- Drunk driving: Drivers who are under the influence of alcohol or drugs are more likely to cause accidents, including bicycle accidents.
Steps to Take After a Bicycle Accident
Seek Medical Attention: Your health is the top priority. Even if you don’t feel immediate pain, get checked by a doctor to diagnose and treat any injuries. This will create a medical record linking your injuries to the accident, which will be crucial for your case.
Document the Scene: While waiting for medical attention, if possible, take photographs of the accident scene from multiple angles. Capture the damage to your bike, any skid marks or debris on the road, and the surrounding traffic environment.
Gather Information: Exchange contact details with the driver and any witnesses who may have seen the accident. Get their names, phone numbers, and insurance information.
Report the Accident: File a police report to document the incident. The police report will contain details about the accident scene, the parties involved, and any statements made by the driver.
Contact a Bicycle Accident Attorney: An experienced personal injury lawyer specializing in bicycle accidents can advise you of your legal rights and help you navigate the claims process. They can handle communication with the insurance companies, investigate the accident, and fight to recover compensation for:
- Medical bills: This includes past, present, and future medical expenses related to your injuries.
- Lost wages: If you are unable to work due to your injuries, your lawyer can help you recover lost wages and benefits.
- Pain and suffering: This includes compensation for the physical and emotional pain you have endured.
- Property damage: This covers the cost of repairing or replacing your damaged bicycle.
Understanding Bicycle Accident Settlements vs Car Accident Settlements
While both car accident and bicycle accident settlements involve recovering compensation for damages, there can be significant differences. Here’s a breakdown to consider:
- Severity of Injuries: As mentioned earlier, bicycle accidents often result in more severe injuries due to the lack of protection for cyclists. This can lead to higher medical bills and a greater impact on your life, potentially translating to a larger settlement in a bicycle accident case.
- Shared Fault: Comparative negligence laws apply to both car and bicycle accidents. However, cyclists may face a higher burden of proving they were not at fault, especially if they were not following traffic laws or riding without proper lighting at night. An experienced bicycle accident attorney can help navigate these complexities.
- Loss of Earning Capacity: Cyclists who suffer serious injuries may be unable to return to work or may be limited in their ability to earn a living. This loss of earning capacity can be a significant factor in a bicycle accident settlement.
Resources for Cyclists in California
Here are some helpful resources for cyclists in California:
- California Bicycle Coalition: This organization advocates for safe cycling conditions and provides educational resources for cyclists. https://www.calbike.org/
- California Department of Motor Vehicles (DMV) Bicycle Safety Information: The DMV website provides information on bicycle safety laws and safe cycling practices. https://www.dmv.ca.gov/portal/driver-education-and-safety/special-interest-driver-guides/bicyclists-pedestrians/
- National Highway Traffic Safety Administration (NHTSA) Bicycle Safety: The NHTSA website provides resources on bicycle safety tips for parents and kids. https://www.nhtsa.gov/road-safety/bicycle-safety
What to Do If a Car Hits Your Car While You Were Biking
While this scenario might sound unusual, it can happen, particularly if you’re riding your bike in a designated lane next to parked cars. If you’re struck by a car door opening into your path, the situation is similar to a regular bicycle accident. Follow the steps outlined above: seek medical attention, document the scene, gather information, report the accident, and contact a bicycle accident attorney.
Preventing Bicycle Accidents
By following these safety tips, you can help reduce your risk of being involved in a bicycle accident:
- Obey traffic laws and ride with the flow of traffic, not against it.
- Wear a properly fitted helmet every time you ride.
- Use proper lighting at night and in low-light conditions.
- Be predictable and signal your turns well in advance.
- Maintain a safe distance from parked cars and avoid riding too close to the curb.
- Be aware of your surroundings and watch out for car doors opening and drivers turning.
Don’t Let a Bicycle Accident Derail Your Life
If you have been injured in a bicycle accident, contact Shaumyan & Derbarseghian, LLP. Our Glendale-based personal injury attorneys have extensive experience representing cyclists injured in accidents throughout Los Angeles. We understand the unique challenges faced by cyclists and are committed to fighting for their fair compensation.
Here’s what sets Shaumyan & Derbarseghian, LLP apart:
- Experience: Our attorneys have a proven track record of success in handling bicycle accident cases. We understand the complex legal issues involved and know how to navigate the insurance system.
- Compassion: We understand the physical, emotional, and financial stress that can follow a bicycle accident. We will treat you with compassion and respect throughout the entire legal process.
- Results: With over 12 million in settlements, we are committed to getting you the compensation you deserve for your injuries. We will work tirelessly to negotiate a fair settlement or take your case to trial if necessary.
Schedule a Free Consultation Today
If you have been injured in a bicycle accident, don’t hesitate to contact us. We offer a free consultation to discuss your case and answer any questions you may have. We are here to help you get back on your feet and move forward with your life.
