Did you know California bicycle accidents are on the rise?

Riding a bicycle is one of the more pure and simple joys of life that virtually anyone can enjoy.  For many, it is a source of recreation and for others, it is a means to get to work or school without the incurring the cost of a car and insurance. This is particularly true in California as it is known for its beautiful, temperate climate, and devotion to making many areas more accessible to bicycles coupled with traffic, gridlock, and expensive parking.

Unfortunately, riding a bike can also be a dangerous activity, particularly in California.  Between 2013 and 2018, 738 bicyclists died in accidents in California, and another 61,000 were injured according to statistics collected by the California Highway Patrol.  Since the mid-1990s, Californians have been dying in bicycle accidents at a rate consistently above the national average.  Between 2016 and 2018, there were 3.9 bike accident fatalities per million people in California while there were only 2.6 bike accident fatalities per million people nationwide according to data from the National Highway Traffic Safety Administration.

All indications are that California’s numbers will continue to rise especially since the pandemic when bike ridership increased and vehicular traffic decreased – which started a shift in thinking about the place of bicycles in a car world.  It is entirely possible that we will see major shifts in how people move around cities with more emphasis on bike riding rather than car riding.  This, in turn, could very well lead to increased bicycle accidents.

What is the best type of bicycle accident to be in? No bicycle accident at all.

The California Highway Patrol noted in a 2018 report that the major causes of death in bicycle accidents was on the part of the bicyclist by either improperly turning or riding under the influence of drugs or alcohol.  Under California law, bicycle riders must follow the same laws as vehicular drivers including stopping at stop signs, signaling when turning, riding sober, yielding to pedestrians, and not riding distracted. Additionally, bicyclists in California must pull over if five or more vehicles are lined up behind them.

If you are in a bicycle accident, your degree of fault could be a huge issue for your ultimate recovery as California is a pure comparative fault state.  This means that your recovery for damages will be reduced proportionately by the amount of your fault in causing the accident.

So, familiarize yourself with the bicycling rules of the road and be extra vigilant about following them because not only will this go a long way in preventing you from being involved in an accident, but if you find yourself involved in one, it will help your bicycle accident lawyer get you that much more of your possible compensatory award.  It also goes without saying that you should be wearing a helmet, even though it is not required for anyone over the age of 18.

You followed the rules and were still in a bike accident. What do you do now?

It is critical to ensure that you are safe immediately after an accident. If you have the ability to do so, get to a grassy area or other place out of the way from vehicular or other traffic to assess your wounds.  Do not worry about your bike.  Try to stay calm and either call for help or ask someone to do so for you.

Hopefully, the driver of the vehicle or other party will stop and help you.  If they do and you are able, get as much information as possible from them while you are waiting for the police to arrive to the scene.  This includes their license plate number, make and model of the car, color of the car, and their name and insurance information.  If they are unwilling to give you that information, do not hesitate to reach out to witnesses.  Either way, you will want to file a police report as this could be critical to seeking compensation from the other party’s insurance provider later.

Also, make note of the time of day of the accident, the road conditions, the weather, and what you were doing immediately prior to the accident. Try to remember and write down as many details as possible about the accident itself such as the direction the other party was traveling, how fast they appeared to be going, and if they appeared to be violating a traffic law (i.e. they did not stop at a stop sign or they ran a red light).  Take pictures and video, if possible.

Finally, seek medical treatment as soon as possible for a thorough evaluation.  While you may not appear to have any major injuries at first glance, x-rays can show internal injuries and possible soft tissue damage.  And, of course, contact a competent bicycle accident lawyer as soon as possible.

What are your legal options?

If you are injured in a bicycle accident in California, you are, of course, allowed to sue for damages.  What you may not realize, however, is the sheer number of different claims you can bring.  There are the usual and customary claims for your physical injuries, including medical bills.  You may also have claims for lost wages and lost earning capacity if your injuries prevent you from working for a long period of time or even permanently.  You can sue for emotional distress directly related to the accident including for any post-traumatic stress disorder, depression, and anxiety.

If you are hit by an uninsured or even an underinsured motorist, however, the path forward may not be so easy.  The driver could have little to no assets meaning it would be difficult if not impossible to recover anything from them. Regardless, you should always consult with bicycle accident lawyer even if you are unsure of the other driver’s insurance status.

Also, consider buying your own uninsured/underinsured insurance coverage as a bicyclist.  At the very least, you will have coverage for your own medical bills which can be significant even with a relatively minor bicycle accident.