If you live in California, the odds are high that you and your family share a love of the great outdoors and cycle when you can. Our state was named the 4th best state for bicycling in 2022 by the League of American Bicyclists. This ranking was based on the state’s biking infrastructure, laws protecting cyclists, education and encouragement of biking, and other criteria. 

But unfortunately, according to the National Highway Traffic Safety Administration, on a national level, the number of bicyclists killed in traffic has been rising since 2010. From the period 2017 to 2021, annual bicycle fatalities averaged 800, with over 45,00 injured.  In 2021, bicyclists accounted for 2.2% of traffic fatalities.  According to the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS), in California, there are typically over 100 fatalities and 10,000 accidents annually. Getting hit by a car is the most frequent cause of injury in a bicycle accident. Other sources of injury include falls, badly maintained roads, rider errors, other collisions, and pets running into the street. 

California Bicycle Laws 

California has a comprehensive set of laws regulating bicycling behavior and required equipment. It’s important to know and understand these rules and regulations so that you are bicycling in a manner that complies with the law and protects you as much as possible. In many ways, laws governing bicyclists are comparable to laws governing motorized vehicles. For example, bicyclists must obey traffic signs and signals and travel in the same direction as motorized traffic. 

An important law for motorized vehicle drivers to be aware of is that, under California’s Three Feet for Safety Act, they must maintain three feet of clearance around a bicyclist. If they’re unable to do so, they must slow down and wait for an opportunity to pass until there is this minimum clearance. 

Bicycle Accidents and Elements of a Claim

If you’ve suffered a personal injury in a bicycle accident, you may have a claim if you can show negligence on the part of another party. Negligence is proven by showing the following four elements: 

• The person responsible for the accident owed you a duty of care
• The duty of care was breached
• The breach was the cause of your injury
• Your injury is compensable

If you can prove these elements of a personal injury cause of action, you are entitled to compensation for your economic damages and non-economic damages. Economic damages include your medical costs, lost wages, and other out-of-pocket expenses. Non-economic damages are more difficult to quantify and include calculations to compensate you for pain and suffering and emotional distress. In most cases, you have only two years from the date of injury to file your claim, so don’t delay in contacting a San Luis Obispo attorney. 

Contact the Law Offices of Earl E. Conaway, llI

We have many years of experience obtaining excellent results for our clients. If you’ve suffered a personal injury in a bicycle accident, don’t hesitate to contact us for a free, confidential consultation.