Millions of Americans ride billions of miles each year on bicycles of every type and description. Some commute to and from work on a bicycle; others ride street bikes for exercise or competitively; while still others love the thrill of off-road riding. Approximately 540,000 bicyclists make visits to the emergency room each year. About 67,000 of them have head injuries—even though they may have been wearing a helmet at the time of the accident—and 27,000 are serious enough to require hospitalization. 43,000 of bicyclists who are injured or killed each year are injured or killed in bicycle-motor vehicle collisions. 25 percent of motor vehicle-bicycle accidents involve bikes that are traveling the wrong way. Only 8 percent of bicyclists ride the wrong way, but they account for 25 percent of motor vehicle-bicycle accidents. 17 percent of accidents involve bicyclists who have run stop signs or red lights. Bicyclist fatalities occur more frequently in urban areas (66%), at non-intersection locations (67%), between the hours of 5:00 p.m. and 9:00 p.m. (30%), during the months of June, July, and August (36%). More than 90% of all bicycle-related fatalities involve a collision between the bike and a motor vehicle. In fact, the first documented car crash involved an automobile-bicycle collision in New York in 1896.

Approximately 285,000 children ages 14 and under are treated each year in emergency rooms for bike-related injuries. Children ages 14 and under are five times more likely to suffer injuries in a bike-related crash than any other age group. Nearly 50% of those children who are hospitalized for bicycle-related injuries are diagnosed with a traumatic brain injury (TBI). Riding without a helmet increases the child’s risk of sustaining a head injury in a crash, and increases the risk of being involved in a fatal crah by 14 times. Most child and adolescent bicycle crashes occur between May and August between the hours of 3:00 p.m. and 6:00 p.m. The majority of child and adolescent bicycle-related fatalities occur on minor roads, usually within one mile of their home. The rate of bike injuries for children 14 and under increases four times in non-daylight hours.

The leading causes of bicycle-motor vehicle accidents are driver negligence or illegal maneuvers; failure of the vehicle driver to use turn signs, see, or yield the right-of-way to bicyclists when making a turn at an intersection or onto a side street or into a private driveway; failing to look for approaching riders when swinging open car doors when getting out of a parked car or pulling into traffic; hazardous road conditions, such as potholes, sand and gravel, and construction; jaywalking pedestrians; and defects in the design or manufacture of the bike or equipment (such as helmets) or faulty repairs be a repair shop.

The California Vehicle Code requires that a person riding a bicycle at a speed less than the normal speed of traffic moving in the same direction must ride the bicycle as close as practicable to the right-hand curb or edge of the roadway. There are several exceptions to this general rule:

when the bicyclist is overtaking and passing another bicycle or vehicle traveling in the same direction;
when the bicyclist is preparing to make a left turn at an intersection or into a private road or driveway;

when it is reasonably necessary to avoid conditions that make it unsafe to ride along the right-hand curb or edge of the road, such as vehicles, bicycles, pedestrians, animals, road-surface hazards, or substandard width lanes (lanes that are too narrow for a bicycle and a vehicle to travel safely side by side within the lane); and

when approaching a place where a right turn is authorized.
When the road has a bike lane, the bicyclist must ride in that lane except:

when he or she is overtaking or passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane, and the overtaking or passing cannot be done safely within the bike lane;

when he or she is preparing to make a left turn at an intersection or into a private road or driveway;

when reasonably necessary to leave the bike lane to avoid debris or other hazardous condition; or
when he or she is approaching a place where a right turn is authorized.

A person may not drive in a motor vehicle in a bike lane except to park where parking if permitted, to enter or leave the roadway, or to prepare for a turn within 200 feet from the intersection. A person may not stop, stand, sit, or loiter upon a bike path or trail, if such action impedes or blocks the normal and reasonable movement of bicyclists using the bike path or trail. When a bicyclist is traveling upon a one-way street with two or more marked traffic lanes, the bicyclist may ride as near the left-hand curb or roadway edge as is practicable. It is illegal to ride a bicycle upon a highway or sidewalk while the bicyclist is under the influence of alcohol or drugs.

A bicycle rider or passenger must sit on a permanent and regular seat attached to the bike. Riding on the handlebars, for example, is prohibited. If the passenger is four years old or younger, or weighs 40 pounds or less the seat must have proper restraints to keep the youngster in place and to protect him or her from the moving parts of the bicycle. Minors—persons under the age of 18—may not ride a bicycle, nonmotorized scooter, or a skateboard, nor may they wear in-line or roller skates, upon a street or roadway or any bike path or trail unless the minor is wearing a properly fitted and fastened bicycle helmet that meets appropriate standards. This includes young children who ride on a bicycle in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.

Many bicycle accidents occur at night, when the bicycle rider is not readily visible to the driver of a motor vehicle. When a person is riding a bicycle at night, the bicycle must be equipped with appropriate front and rear lights and reflectors that can be seen by oncoming vehicles or vehicles approaching from the rear or side. The California Vehicle Code requires that, when operating a bicycle in the darkness, the bicycle must be equipped with all of the following: (1) a front light that emits a white beam that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from 300 feet in front and from the sides of the bicycle; (2) a red reflector on the rear that can be seen from 500 feet to the rear when directly in front of lawful high beams of a motor vehicle; (3) a white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle fro a distance of 200 feet; and (4) a white or yellow reflector on each side forward of the bike’s center, and a white or red reflector on each side of the rear of the center of the bicycle, unless the bike is equipped with reflectorized tires on the front and rear. Instead of having a front light attached to the bicycle, the driver may wear a lamp or lamp combination that emits a white light that can be seen from a distance of 300 feet in front and to the side of the bicycle.

Although the owner or operator of a bicycle motocross (BMX) track generally has no duty to eliminate or protect riders from risks inherent in the sport itself, the owner or operator of the BMX park is required to use due care not to increase the risks to a participant over and above those risks inherent in the sport. This includes the duty to refrain from installing or maintaining BMX jumps which by their design pose an extreme risk of injury to the riders.

A public entity (that is, the State, a county, or a city) is liable for a bicyclist’s injuries when property it owns and controls is in a dangerous condition that foreseeably caused the injuries.

FREQUENTLY ASKED QUESTIONS

Q. I was injured in a race when I fell because another bike rider ran into me. I want to sue the sponsors of the race, but I signed a release of liability before the race started. Does this mean I can’t sue?

A. If the release was valid and effective, you can’t sue the sponsors of the race for your injuries. To be effective, a release must be a clear and unequivocal waiver of harm or death with specific reference to the defendant’s negligence. A contract of release from negligence must be in clear, explicit, and comprehensible language, free of ambiguity or obscurity. It must clearly inform the releaser, as an ordinary person untrained in the law, that he or she is releasing the other party from liability for the releasor’s personal injuries caused by the releasee’s negligence. The words releasing the defendant from liability must not be disguised in complicated legalese, but must be written in simple, clear, and unambiguous language understandable to the ordinary lay person. The release must be drafted so as to clearly notify the releaser of the effect of signing the agreement. The release must not be contrary to “public policy,” which generally prohibits the defendant from releasing himself or herself for conduct that constitutes aggravated, or “gross,” negligence or intentional wrongful conduct. Suppose that, instead of being injured, the person who signed the release is killed in the bike race. Does the release bar the rider’s heirs from recovering for their damages? Probably. When a person signs a valid release that would have barred a lawsuit against the wrongdoer had the person lived, the person’s survivors are similarly barred from bringing a wrongful death action if the risk that took the person’s life was encompassed by a legally viable release.

Q. What type of damages am I entitled to do if I have been injured in a bicycle accident by a negligent driver?

A. As you can imagine, when a bicyclist has been struck by a vehicle driven by a careless (“negligent”) driver, the injuries are frequently catastrophic, even fatal. A 150-pound person is no match for a moving vehicle weighing several thousand pounds or more. If you survive such an accident, you may suffer broken bones, such as your arms, legs, pelvis, or ribs, or severe internal injuries. You may even break your neck (quadriplegia) or your back (paraplegia). You may also suffer a traumatic brain injury (TBI) when your head hits the pavement or other surface, even if you were wearing a helmet at the time of the accident. You may also receive severe friction burns to your body by being dragged by the car. You may also suffer from significant scarring or disfigurement. More information on the types of damages you can recover when you or a loved one has been struck by a motorist are available at the Damages You Can Receive Information Center and, in the case of a bicyclist who has been killed, at the Wrongful Death Information Center.

Q. I was partly to blame for the accident. Does this mean that I can’t sue the driver of the car that hit me for my damages?

A. In a lawsuit arising from the collision between a motor vehicle and a bicycle in which the vehicle driver was primarily to blame (“at fault”) for the incident, the driver is nevertheless entitled to bring up any fault on the part of the bicyclist to reduce or nullify the bicyclist’s right to recover completely. For instance, if the bicyclist had been riding on the wrong side of the road and a driver entering the road on a right turn from an intersection or driveway did not see the bicyclist approaching, the driver may assert the bicyclist’s act of riding the wrong way as a complete or partial block to the bicyclist’s recovery. When a person has been injured by another party’s negligence but is partly at fault for the accident himself or herself, in legal terms he or she is guilty of “comparative negligence.” The doctrine of comparative fault reduces the amount of money (“damages”) the injured bicyclist is entitled to recover. So if a jury determined that the bicyclist’s riding the wrong way was 50 percent at fault for the injuries, then the bicyclist’s damages are cut in half. In fact, where the bicyclist was riding on the wrong side of the road, a jury may well determine that he or she was the prime, or sole cause of the accident, in which case the motorist might be relieved from all liability for the accident. However, a driver making a right turn onto a road from an intersection or driveway generally has a duty to look both ways before proceeding onto the road. Other factors that could be used to reduce or defeat the bicyclist’s recovery are the failure to wear a helmet, the failure to have lights on the front and rear of the bicycle while riding it at night or wearing a reflective vest

Q. My child, spouse, or parent was seriously injured or killed when he or she was struck by a car while out riding his or her bicycle. Should I hire a lawyer and how soon after the accident should I do so?

A. If you or a loved one have been injured or a loved one killed by a negligent driver while riding a bicycle, it is important that you promptly retain an experienced personal injury lawyer. The lawyer can often help arrange for proper medical care for the injured bicyclist, and will often want to visit the scene of the accident or send an investigator to the scene to inspect it and take pictures while it is in the same or a similar condition as when the bicyclist was injured. The lawyer will also want to interview witnesses to the accident while the event is still fresh in their minds. The lawyer may want to hire an expert in accident reconstruction to recreate the scene as it was at the time of the accident to prove that the driver of the car was at fault. Do not throw away or otherwise dispose of the bike, as it may be a crucial piece of evidence, especially when it is claimed that the bike was defective.

Q. What type of monetary damages am I entitled to if I’ve been injured by another person’s negligence?

A. There are basically two categories of damages you can recover: economic damages and non-economic damages. Economic damages consist of monies you are out-of-pocket for, such as medical expenses and lost wages. Non-economic damages are damages for your pain and suffering and other “intangible” losses that don’t have a specific amount. Punitive damages can be recovered in cases where the other party deliberately or intentionally injured you, as in an assault and battery.
First, let’s look at economic damages. You are entitled to be compensated for all of your medical expenses reasonably related to the accident. This includes past, present, and future expenses, such as any fees charged by the city for paramedics, the cost of an ambulance to transport you to the hospital, the emergency room charges for diagnosis and treatment, including x-rays, CT scans, the hospital room if you are admitted and all related charges, all doctors’ fees, lab costs, radiology fees, follow-up treatment, medications, braces, operations, etc. If you broke your neck or back and were paralyzed, either from the neck down (quadriplegia) or from the back down (paraplegia), you are entitled to recover all costs related to your injury, including personal attendants, medical equipment, specialized wheelchairs, doctors’ and specialists’ visits, rehabilitation and physical therapy costs, costs to modify your home to accommodate a wheelchair, etc.
Economic damages also include lost wages for time you were off work. Included in your damages for your base salary or wages are damages for lost overtime, if working overtime is something you ordinarily do. If you can no longer work at your job and must take a different, lower-paying job, you are entitled to be compensated for the difference.

Q. Before the injury, I worked for myself but am no longer able to do that anymore. Am I entitled to damages for the loss of my business?

A. If you have been working at your own business for more than one year, you are entitled to be compensated for your monetary losses due to your inability to work at your business anymore. If you were working at your own business for less than a year, generally you cannot recover damages for your lost business, as the law considers you do not have a sufficient “track record” of wages to compare them to and awarding an amount would be too speculative. If you’ve been running your own business for several years or so, and your gross receipts have been increasing but your expenses are substantial because you have been putting the money back into the business and don’t show much of a profit, this is taken into account in determining the amount of damages you are entitled to. It will probably be necessary to hire experts in business valuations to determine the amount of your loss compared to how much you could have expected to earn had you not been injured and could “grow” your business into a thriving enterprise.

Q. After the accident, I suffered through several months of severe pain. Does the other party have to pay me for that?

A. Yes. Pain and suffering is fully compensable. They are classified as “non-economic” damages, as there is no precise, documented financial loss that you can show on a flow chart or receipt. Often the amount for pain and suffering exceeds the cost of medical treatment for your injuries. It may be necessary for you to be treated at a specialized pain clinic. If, for example, you were severely burned when the car you were in caught on fire when the other driver hit you, you are entitled to substantial damages for physical pain and emotional suffering.

Q. Because of the injuries to my leg, I’ve now got a permanent limp and can’t do many of the activities I used to do. For instance, before the accident I was a devout runner and tennis player, but I can’t do those activities anymore. Does the person who injured me have to pay for this?

A. Yes. You are entitled to damages for loss of or impaired “enjoyment of life.” What this basically means is that if, because of the accident, you are no longer able to participate in activities that you enjoyed, the person has to compensate you fairly for these damages.

Q. I suffered a disfiguring scar on my face as a result of the accident and ensuing surgery. Am I entitled to receive monetary damages for that?

A. Yes. You are entitled to be fully compensated for disfigurement and humiliation. If you undergo reconstructive surgery by a plastic surgeon or other doctor, you are generally entitled to all of the economic costs involved in the surgery (such as the doctor’s fees, the hospital’s charges, etc.), as well as the pain and suffering you experience as a result of the surgery.

Q. My spouse was seriously injured in an accident, and our sex life has been nonexistent since the accident. And we can’t go for our evening walks anymore. I miss those intimate times. Can I get compensated for my losses?

A. Yes. When a spouse is injured, the other spouse is entitled to recover monetary damages for “loss of consortium.” In days past, “loss of consortium” was mainly associated with the inability to have sexual relations, either for physical or emotional reasons caused by the accident. Note that recovery for loss of consortium applies only to married couples and registered domestic partners. If you are engaged and on your way to the chapel to get married and are severely injured in an accident, your spouse-to-be is not entitled to recover damages for loss of consortium, even though you were only an hour or two away from getting married.

Q. My son suffered severe brain damage in a near-death drowning at my neighbor’s pool because there wasn’t adequate supervision. Now we can no longer do such things as play catch with a baseball or engage in any of the fun activities we used to do. Can I recover damages for loss of consortium due to his injuries?

A. No. Only spouses and registered domestic partners can recover damages for loss of consortium. Loss of consortium related to the injuries to one’s child or parent is not compensable. However, if your child or parent was contributing financially to you, then you are entitled to recover damages for the lost financial contribution.

Q. The doctor told me that I am now at more risk for future medical problems because of the injuries I suffered in the accident, and that the injuries from the accident probably cut 10 years off my life. Am I entitled to recover monetary damages for that from the party who hurt me?

A. Yes. You are entitled to recover damages for susceptibility to future harm, injury, or medical problems. You are also entitled to recover damages for a shortened life expectancy.

Q. Ever since the auto accident I was in, I’ve been depressed and anxious. I don’t feel like going out or doing much, I’m sad a lot of the time, and now I’m starting to be afraid of driving. Does the driver who hit me have to compensate me for these emotional injuries?

A. Yes. You are entitled to recover damages for emotional distress and psychological injuries. In addition to compensation for your psychological injuries, you are also entitled to recover monetary damages for any counseling or therapy you have to undergo, as well as any medications your doctor or psychiatrist may prescribe for you.

Q. How do you figure out the amount of damages an injured person is entitled to?

A. Every case and every person is different. Some people will recover quite quickly from their injuries and be able to resume a normal life after a few weeks or months. Other people will recover much more slowly, with complications such as infections or severe psychological injuries that prevent them from getting back to their normal life for months. Some people may be so physically and emotionally scarred from the same type of injury that they never get back to being their “old” self.
To give you an example of the differences in damages two persons could get for the same injury, suppose that two people lose the tip of their index finger in an accident. One person is an assembly line worker and the loss of the tip of their finger does not interfere with his or her ability to work. The other person, however, is a star pitcher for a professional baseball team making millions of dollars each year, but the loss of the tip of his finger results in the end of his career because he can no longer grasp the ball the way he used to. In that situation, the injured pitcher would be entitled to receive millions of dollars to make up for the money he would have made had he not been injured.
Some damages—such as past medical expenses or lost wages—are capable of being determined quite easily. Other damages—such as pain and suffering and future medical expenses—are much harder to put numbers on. Attorneys research how much juries have been awarding plaintiffs (the injured person) in similar cases or how much similar cases have been settling out of court for, and then take into account the special circumstances of their client’s case and his or her injuries to come up with a reasonable value for the case.
Another factor in determining the amount of monetary recovery from the person who caused the injury is, how much insurance and other property does he or she have. Let’s say that you’ve broken your neck and become a quadriplegic when a car hit you while you were lawfully crossing the street at a marked crosswalk. Damages in a quadriplegic case generally run into millions of dollars. But if the errant driver has only a $15,000 insurance policy, has a job that pays only minimum wages, and has no other property to speak of, the case will probably settle quickly for the full $15,000. But if the person who hit you was driving a company vehicle on company business, the company will likely have much higher insurance limits and even an “umbrella” policy that provides several million in coverage. Additionally, the business may own other property, such as the building they’re in which can be used to negotiate a higher settlement or satisfy a jury’s award.
Q. I was seriously injured in an automobile accident that was partly my fault. Does this mean I can’t sue the other driver for my hospital bills, lost wages, pain and suffering, and other damages?

A. Not at all. In California, the legal doctrine of “comparative fault” or “comparative negligence” applies. Suppose the total amount of your damages was $100,000, but you were 40% responsible for the accident and the other driver was 60% at fault. In that case, the amount you could recover from the other driver would be reduced by 40%, so instead of getting $100,000, you would recover only $60,000. Car accident cases in which both parties were at fault can get complicated, as the other driver’s insurance company will try to place all or most of the blame for the accident on you. It is critical that you be represented by an experienced personal injury lawyer in situations such as this, especially if your injuries are serious.

My law firm recently complied a list of frequently asked questions on car accidents.  While this isn’t a complete and comprehensive list, I think some will find it very informative and useful.

As always, this information is not intended to be legal advice or to be a substitute for an attorneys work.  Every case is different, please speak with an attorney about your particular case.

Here are a few interesting driving laws that go into effect in 2009

No Text Messaging - In California, the legislature passed a “no-text law”.  This means that it will be against the law to write, send, or read any text-based communication while driving.  This includes emails.

No Tolerance DUI Law - California’s DUI laws have become more strict.  In 2009, any person who is on probation for a DUI conviction cannot drive with a BAC of .01 percent.  No tolerance.

Clean Air Stickers - Many clean air or low emission cars are allowed to travel in the carpool lane even if there are no passengers in the car.  In 2009, it will be a crime to forge Clean Air Stickers.

Last week, the California Supreme Court ruled that a Good Samaritan is not immune from civil liability when coming to the aide of an injured victim, if that Good Samaritan’s actions cause further harm. Good Samaritan laws in California have been designed to encourage people not to pass by those in need of help in times of emergencies and accidents.

California Civil Code section 1714.2 is California law which protects the average person from being sued if that person comes to the aid of those in need of medical attention. This law provides “Good Samaritans” protection from civil liability. California Civil Code Section 1766 provides civil immunity form most organizations, both private and governmental that provide emergency medical services to the public. California Civil Code Section 1767 provides civil immunity for those “who in good faith render emergency care at the scene of an emergency.”

This landmark decision by the California Supreme Court opens the door for much debate.  In this particular case, a victim of an auto accident was taken out of the car by a “Good Samaritan” after a serious crash. The victim claims that her injuries were made significantly worse because the “Good Samaritan” dragged her out of the car like a “rag doll.”  The victim was rendered a paraplegic.

The argument will most likely be around what a “reasonable” response is in each emergency situation.

The Los Angeles City Attorney, Rocky Delagadillo, filed a lawsuit today against nine leaders of the 18th Street Gang.  This is probably the first-time ever that a lawsuit which seeks monetary damages has been filed against individual members of a gang. 

The lawsuit seeks monetary damages for personal injury, property damage, loss in property value, emotional distress, medical expenses and out-of-pocket expenses. 

Communities throughout Los Angeles have suffered as a result of gang violence and gang activities.  While it is not yet clear whether or not this lawsuit will be successful, it is a start. 

SOUTH GATE/LOS ANGELES - On Monday, 14-year-old Luis Salazar was struck and killed by a van that jumped the curb and smashed into a bus stop waiting shelter.  Salazar, who was a student at South Gate Middle School had just gotten out of school and was on the phone with his mother when the accident happened.

The South Gate Police Department has set up a fund to help pay for Luis’ funeral.  Please help the Salazar family during these difficult times.

Every year during Thanksgiving weekend, there are numerous traffic accidents throughout California.  Some are alcohol-related and others are just tragic accidents.

The California Highway Patrol has released statistics for this year’s Thanksgiving weekend.  These traffic incidents are preliminary and a final report will be released on Monday.

Statewide, in California, there were 15 traffic deaths between Wednesday at 6 p.m. and Friday at 6 a.m.  Last year, there were 12 deaths resulting from traffic accidents throughoug the state.

The CHP also reported a total of 5 traffic accident deaths throughout Los Angeles County.  Last year’s total traffic accident death toll was 4. 

The CHP arrested 513 people on suspicion of drunk driving throughout the state with 116 of them being in Los Angeles County.  Last year’s drunk driving arrests in Los Angeles County were 144.

Most of us still remember the tragic Santa Clarita truck accident last October which left a 6 year old boy and two adults dead.  Earlier this week, the California Highway Patrol along with the District Attorney’s Office concluded that the truck drivers speed was the cause of the accident.  The tractor trailor jack-knifed causing the truck driver to lose control and smashing into the center median and then bursting into flames.