California sees thousands of bicycle accidents each year, and cyclists often face serious injuries ranging from road rash and broken bones to traumatic brain injuries. Unlike drivers protected by steel frames and airbags, cyclists absorb the full force of impact. That vulnerability makes proper post-accident steps even more important. Taking the right actions protects your legal rights while ensuring you get the medical attention you need.

At Steven M. Sweat, Personal Injury Lawyers, APC, we’ve spent over 25 years representing injured cyclists throughout California. We’ve seen how insurance companies minimize claims when victims don’t properly document their accidents, and we’ve helped clients recover substantial compensation when they follow the right procedures from the start. Our team understands California bicycle accident law and the specific challenges cyclists face when pursuing injury claims.

This guide walks you through each step you should take after a bicycle accident in California, from the immediate aftermath at the scene to filing an insurance claim and protecting your right to compensation. Whether you’re dealing with minor scrapes or a life-changing injury, these steps will help you navigate what comes next.

What to do first after a bicycle accident in California

The moments immediately following a bicycle collision determine both your physical safety and the strength of any future legal claim. Your first priority is stopping at the scene, no matter how minor the collision seems. Under California Vehicle Code Section 20001, leaving the scene of an accident that causes injury or death is a criminal offense, even if you weren’t at fault. This applies to cyclists just as it does to drivers.

Your first 60 seconds after impact

Stop pedaling and bring yourself to a complete halt as soon as you can safely do so. Your body may be flooded with adrenaline, which can mask serious injuries and create a false sense that you’re fine. Check your surroundings before you move, especially if you’re still in an active traffic lane. Broken bones or internal injuries might not be immediately obvious, but moving hastily could worsen your condition.

If you can stand and move without severe pain, get yourself out of the roadway if you’re in danger from oncoming traffic. If you cannot move without significant pain, stay where you are and signal to others for help. Your immediate safety takes precedence over everything else in these first seconds.

Stay at the scene as required by law

California law requires you to remain at the accident location until you’ve exchanged information with the other parties involved. This applies whether a car hit you, you collided with a pedestrian, or you struck a parked vehicle. Leaving the scene before fulfilling this legal obligation can result in criminal charges against you, regardless of who caused the collision.

California’s hit-and-run laws apply to cyclists, meaning you can face misdemeanor or felony charges if you leave before exchanging information or rendering aid.

You must provide your name, address, and contact information to the other party. If you damaged someone’s property (like a parked car or a fence), you need to leave a written note with your information if the owner isn’t present. These requirements exist to protect everyone involved and ensure accountability after an accident.

Assess immediate dangers around you

Once you’ve stopped and determined you can stay conscious and alert, quickly scan the area for continuing hazards. Are vehicles still approaching? Is your bicycle creating an obstruction that could cause a second collision? Can other drivers see you, especially if the accident happened at dusk or in poor weather? Traffic flow around an accident scene can be unpredictable, and drivers may not immediately notice a cyclist on the ground.

If you have the ability, move your bicycle to the shoulder or sidewalk to prevent additional crashes. Do not move the bike far from the collision point, as its position serves as evidence. Just shift it enough to clear the active roadway if doing so prevents further danger.

Turn on any lights or reflectors you have with you to increase your visibility. If you carry a phone, turn on its flashlight. Signal to approaching traffic with your hands if necessary. Your goal in these first moments is preventing what to do after a bicycle accident from becoming what to do after a second, worse accident.

Step 1. Get to safety and call 911

Once you’ve stopped at the scene and identified immediate hazards, your next action is calling for emergency help. California law requires you to report any accident that causes injury, death, or property damage exceeding $1,000, and calling 911 ensures that both medical responders and law enforcement arrive at the scene. This call creates an official record of the incident, which becomes vital evidence for your insurance claim and any potential legal action. Even if your injuries seem minor or the other party suggests handling things privately, making that 911 call protects your rights and ensures proper documentation.

When to dial 911 immediately

You should contact emergency services without delay if anyone at the scene shows signs of serious injury. Call 911 if you or anyone else experiences severe pain, bleeding that won’t stop, difficulty breathing, loss of consciousness, confusion, or an inability to move body parts. Head injuries require immediate medical evaluation, even if the person seems alert, because traumatic brain injuries can worsen rapidly.

Adrenaline can mask serious injuries for hours after a bicycle accident, making immediate medical assessment critical even when you feel fine.

California Vehicle Code Section 20008 requires drivers to immediately report accidents resulting in injury or death. As a cyclist, you benefit from this requirement because it brings police documentation to the scene. Don’t let the other driver talk you out of calling. Insurance companies give far more weight to official police reports than to after-the-fact claims filed days later.

What to tell the emergency dispatcher

When you reach the 911 operator, provide clear, specific information to ensure appropriate response. State that a bicycle accident occurred, give your exact location (use cross streets or landmarks if you don’t know the address), and describe any visible injuries. The dispatcher needs to know how many people require medical attention and whether anyone is unconscious or trapped.

Use this information checklist when speaking with 911:

• Your precise location (intersection, street address, or nearby landmarks)
• Number of people involved (cyclist, driver, passengers, pedestrians)
• Visible injuries and their severity
• Whether anyone lost consciousness
• Traffic hazards (blocked lanes, fluid leaks, other dangers)
• Your contact number in case the call disconnects

Stay on the line until the dispatcher tells you to hang up. Operators often provide first aid instructions while responders travel to your location. This guidance can prevent injuries from worsening while you wait for professional help to arrive at the scene.

Step 2. Check for injuries and get medical care

Your body’s response to trauma can deceive you about the true extent of your injuries. Adrenaline floods your system after a collision, creating a temporary analgesic effect that masks serious damage to your body. What feels like minor soreness at the accident scene can reveal itself as a broken collarbone or internal bleeding hours later. This physiological response makes immediate medical evaluation one of the most critical steps in what to do after a bicycle accident, even when you believe you escaped without harm.

Perform a systematic injury check

Start with your head and work downward, checking each body region methodically. Touch your scalp for bumps, tenderness, or blood. Move your neck gently to identify pain or stiffness that could indicate whiplash or vertebral damage. Check your vision for blurriness and your thinking for confusion, both signs of concussion or traumatic brain injury.

Continue your assessment using this body-region checklist:

• Head and neck: Scalp wounds, facial injuries, neck pain, dizziness
• Shoulders and arms: Limited range of motion, swelling, visible deformity
• Torso: Difficulty breathing, rib tenderness, abdominal pain
• Hips and pelvis: Sharp pain when moving or standing
• Legs and feet: Inability to bear weight, ankle swelling, knee instability

If another person was injured in the collision, help them perform the same check while you wait for paramedics. Do not move anyone who reports neck or back pain, as movement could worsen spinal injuries.

Accept ambulance transport and document everything

When paramedics arrive, accept their recommendation for hospital evaluation even if your injuries seem manageable. Insurance companies routinely deny claims when cyclists refuse immediate medical transport, arguing that the injuries must not have been serious. Your refusal becomes evidence against you in settlement negotiations.

Declining emergency medical transport creates a documentation gap that insurance adjusters exploit to minimize or deny your injury claim.

Tell the responding medics about every symptom you experience, including pain you consider minor. Mention if you lost consciousness, even briefly. Report any medications you take regularly, as they affect treatment decisions. Request copies of all medical records before you leave the hospital, because these documents become the foundation of your injury claim against the at-fault driver.

California law gives you two years to file a personal injury lawsuit after a bicycle accident, but medical documentation must begin immediately. Gaps in treatment give insurance companies ammunition to argue your injuries resulted from something other than the collision.

Step 3. Identify everyone involved and gather witnesses

Gathering accurate information from everyone present transforms a confusing accident scene into a documented incident with clear accountability. This step in what to do after a bicycle accident creates the foundation for your insurance claim and any legal action you pursue. While you wait for police to arrive, collect information from the driver who hit you, any passengers in their vehicle, and anyone who witnessed the collision. Insurance companies cannot dispute facts when multiple independent witnesses corroborate your version of events.

Get driver information and contact details

Approach the driver calmly and request their information, even if they appear hostile or attempt to leave. You need their full legal name as it appears on their license, not just what they tell you. Write down their phone number, address, and email. Record their driver’s license number and the state that issued it, along with the license plate number from their vehicle.

Collect these specific details from every driver involved:

• Full name and date of birth
• Driver’s license number and issuing state
• Current phone number and email address
• Home address
• License plate and vehicle identification number (VIN)
• Insurance company name and policy number
• Make, model, year, and color of vehicle

Ask to photograph their driver’s license and insurance card with your phone rather than copying numbers by hand. Photos eliminate transcription errors that can derail your claim when you cannot locate the at-fault driver later. If the driver refuses to provide insurance information, note their refusal and tell the responding officer.

Find and record witness statements

Scan the area immediately for people who stopped to watch or who might have seen the collision occur. Witnesses leave quickly, so identify them before police arrive and the crowd disperses. Approach pedestrians, nearby business employees, and other cyclists who may have observed the crash. Ask each person directly: “Did you see what happened?”

Witness statements collected at the scene carry far more credibility than those obtained days later when memories fade and details become uncertain.

Record each witness’s full name and phone number. Ask them to describe what they saw in their own words while you write it down or record it on your phone. Get their permission before recording. Note their position when the accident occurred, because location affects what they could actually observe. If a witness agrees, ask them to wait and speak with police officers when they arrive at the scene.

Step 4. Document the scene, vehicles, and your bike

Visual evidence collected at the accident scene prevents insurance companies from disputing the facts of your collision. This step in what to do after a bicycle accident transforms eyewitness accounts into irrefutable proof of how the crash occurred and who bears responsibility. Your smartphone camera becomes your most valuable tool at this moment, capturing details that human memory cannot preserve accurately. Take photos before vehicles move, before debris gets swept away, and before weather conditions change the scene.

Photograph the complete accident scene

Start by capturing wide shots that show the entire intersection or roadway where the collision happened. Stand in multiple positions to photograph the scene from different angles. Include traffic signals, street signs, crosswalks, and lane markings in your photos. These images establish the traffic control devices present and demonstrate whether the driver had a clear line of sight to see you before impact.

Document these critical scene elements with your camera:

• All four directions of the intersection or road segment
• Traffic signals and their current status
• Stop signs, yield signs, and bike lane markings
• Skid marks, debris, and fluid leaks on the pavement
• Weather and lighting conditions
• Road surface defects like potholes or gravel
• Your bicycle’s final position relative to the vehicle

Move closer to capture detailed shots of specific hazards or features that contributed to the crash. If a pothole caused you to swerve, photograph it with a dollar bill or shoe next to it for size reference. Take photos of any obstructions that blocked the driver’s view, such as parked vehicles or overgrown vegetation.

Document all vehicle and bicycle damage

Photograph every vehicle involved from all four sides. Capture close-up images of dents, scratches, broken glass, and paint transfer that resulted from the collision. These damage patterns reveal the point of impact and the force involved. Take shots of the vehicle’s license plate in each photo to prevent disputes about which vehicle struck you.

Damage locations on both your bicycle and the vehicle create a mechanical fingerprint of exactly how the collision occurred, making it nearly impossible for insurance companies to deny liability.

Turn your camera to your bicycle and photograph all damage from multiple angles. Document bent wheels, broken spokes, frame cracks, torn saddles, and damaged handlebars. Include shots of your helmet if it shows impact marks, and photograph torn or bloodied clothing while you still wear it. These images prove the severity of impact your body absorbed during the crash.

Step 5. Report the crash and get the police report

Filing an official report creates a government-verified record of your bicycle accident that insurance companies cannot ignore. California law requires you to report any collision causing injury, death, or property damage exceeding $1,000 to the California Highway Patrol or local police within 24 hours. This legal requirement exists whether police responded to the scene or not, making it a crucial component of what to do after a bicycle accident. Your compliance protects your right to file an insurance claim and establishes an official timeline of events that adjusters cannot dispute.

File a traffic collision report within 24 hours

California Vehicle Code Section 16000 mandates that you submit a Traffic Collision Report (form SR-1) to the Department of Motor Vehicles within 10 days of any accident involving injury or significant damage. If police came to your accident scene, they typically file this report for you. However, if no officer responded or if you’re unsure whether they filed, you must complete and submit the form yourself to avoid license suspension.

Download the SR-1 form directly from the California DMV website and complete these required sections:

• Your personal information (name, address, driver license number)
• Date, time, and exact location of the collision
• Description of how the accident occurred
• Driver information for all vehicles involved
• Insurance company names and policy numbers
• Injury details for all parties
• Property damage estimates

Failing to file the required collision report within 10 days triggers an automatic driver’s license suspension by the California DMV, regardless of fault.

Mail your completed SR-1 to the address printed on the form or submit it at any DMV field office. Keep a copy for your records and note the date you submitted it. This documentation proves you met your legal obligation and protects you from license penalties.

Obtain your copy of the police report

Police reports typically become available seven to ten business days after the accident. Contact the law enforcement agency that responded to request your copy. You need the report number, accident date, and location to retrieve it. Most California police departments charge between $10 and $25 for collision report copies.

Request your report through the department’s records division by phone, in person, or through their online portal if available. The report contains the officer’s diagram of the accident, statements from all parties, witness accounts, and the officer’s determination of fault. This document becomes your primary evidence when negotiating with insurance companies or filing a lawsuit.

Step 6. Handle hit-and-run and uninsured drivers

Discovering that the driver who hit you fled the scene or carries no insurance transforms your injury claim into a more complex process. California sees thousands of hit-and-run accidents each year, and approximately 15% of California drivers operate vehicles without required insurance coverage. These situations require different tactics in what to do after a bicycle accident, but you still have legal options for recovering compensation. Your own insurance policy becomes your primary resource, and the evidence you collected at the scene becomes even more valuable for tracking down phantom drivers.

Document everything when drivers flee

When a driver leaves before police arrive, immediately write down every detail you can remember. Record the vehicle’s make, model, color, and license plate number, even if you only caught partial digits. Note any distinguishing features like bumper stickers, damage, or company logos. Write down the direction the vehicle traveled and the time of day, because security cameras in nearby businesses might have captured footage.

Contact the police immediately and report the hit-and-run. California Vehicle Code Section 20001 makes leaving an injury accident scene a criminal offense, which means law enforcement actively investigates these cases. Provide officers with all the information you collected. Ask nearby businesses, homeowners, and other witnesses if their security cameras recorded the collision. Footage often captures license plates that eyewitnesses missed.

Filing a hit-and-run police report triggers a criminal investigation that can help identify the driver, making evidence collection at the scene absolutely critical.

Request that police check for traffic cameras or automated license plate readers in the area. Many California cities maintain camera networks that record traffic flow at major intersections. This footage can identify vehicles that passed through the area during the timeframe of your accident.

File a claim with your uninsured motorist coverage

Check your automobile insurance policy for uninsured motorist coverage (UM) and underinsured motorist coverage (UIM). These coverages protect you when the at-fault driver has no insurance or insufficient coverage limits. Even though you were riding a bicycle, your car insurance policy typically extends UM/UIM protection to you as a cyclist.

Contact your insurance company within 24 hours to report the accident and start your uninsured motorist claim. Provide them with the police report number, all evidence you collected, and your medical records. Your insurer investigates hit-and-run claims to verify that an unidentified driver caused your injuries before paying benefits under your policy.

Step 7. Protect your insurance and injury claim

Insurance adjusters start working against your interests within hours of receiving your accident report. Their goal is paying you the minimum amount possible or denying your claim entirely, and they use sophisticated tactics to achieve this. Understanding what to do after a bicycle accident includes recognizing these strategies and protecting yourself from statements or actions that destroy your claim’s value. Your cooperation with your own insurance company is necessary, but the other driver’s insurer is not your friend, regardless of how sympathetic they sound on the phone.

Decline recorded statements from opposing insurers

The other driver’s insurance company will contact you quickly, often within 24 to 48 hours of the accident. An adjuster will call expressing concern for your wellbeing and requesting a recorded statement about how the collision occurred. Politely refuse this request. Recorded statements give adjusters ammunition to twist your words and use them against you later in the claims process.

Tell the adjuster exactly this: “I’m recovering from my injuries and not ready to give a statement. Please direct all communication through my attorney.” Keep your response brief and repeat it each time they call. You have no legal obligation to provide a statement to the at-fault driver’s insurance company, despite what their adjuster implies.

Insurance companies use recorded statements to lock you into a version of events before you fully understand your injuries, then use inconsistencies to deny your claim months later.

Your own insurance company has a different relationship with you because of your policy contract. You must cooperate with your insurer’s reasonable requests, including providing a statement about the accident. However, you can still protect yourself by reviewing your policy, sticking to facts, and avoiding speculation about fault or injury severity.

Refuse to sign blanket medical authorizations

The opposing insurance company will send you forms requesting authorization to access your complete medical history, often dating back five or ten years. Do not sign these documents. These authorizations let adjusters search for any pre-existing condition they can blame for your current injuries, turning a legitimate claim into a dispute about whether the accident actually caused your pain.

Provide medical records only through your attorney, who will release relevant treatment records that directly relate to your bicycle accident injuries. This protects your privacy while giving the insurance company the information they legitimately need to evaluate your claim.

Step 8. Track treatment, symptoms, and expenses

Creating a detailed record of your injuries, medical treatment, and financial losses strengthens your compensation claim significantly. Insurance companies scrutinize claims months after accidents occur, searching for gaps or inconsistencies that let them reduce settlement offers. Your documentation system becomes the evidence that proves every dollar of damages you suffered because of the collision. This step in what to do after a bicycle accident requires daily attention, but the effort pays off when you negotiate with adjusters or present your case to a jury.

Create a daily injury and symptom log

Start a written journal the day of your accident and update it every single day throughout your recovery. Record specific symptoms you experience, their intensity on a scale of one to ten, and how they affect your daily activities. Note when pain worsens, when new symptoms appear, and when you cannot complete normal tasks like sleeping through the night or lifting groceries.

Document these details in your daily entries:

• Pain location, type (sharp, dull, throbbing), and intensity rating
• Medications taken and their effectiveness
• Sleep quality and hours slept
• Activities you cannot perform (work, exercise, household tasks)
• Emotional effects (anxiety, depression, fear of cycling)
• Doctor appointments and treatment received

Detailed symptom journals transform vague injury claims into concrete proof of suffering that insurance adjusters cannot easily dismiss or minimize.

Your entries establish a timeline of recovery that connects your injuries directly to the accident. Gaps in documentation suggest your injuries were not serious or that something other than the bicycle crash caused your pain.

Organize all medical bills and receipts

Purchase a large folder or binder dedicated exclusively to accident-related expenses. Place every medical bill, prescription receipt, and parking stub from hospital visits in this folder immediately after you receive them. Include bills from emergency room treatment, follow-up appointments, physical therapy, diagnostic imaging, medical equipment, and prescription medications.

Track your out-of-pocket costs using a simple spreadsheet with these columns: date of service, provider name, type of treatment, amount billed to insurance, amount you paid, and mileage driven to appointments. California allows you to claim 67 cents per mile for medical travel in 2026. Save receipts for over-the-counter medications, heating pads, ice packs, and mobility aids like crutches or braces that insurance does not cover.

Step 9. Know California fault rules and deadlines

Understanding California’s legal framework protects you from missing critical deadlines that would destroy your right to compensation. The state’s fault system and statute of limitations rules directly affect how much money you can recover and when you must take action. This knowledge becomes essential in what to do after a bicycle accident, because insurance companies and defense attorneys exploit cyclists who miss deadlines or misunderstand how California assigns fault in injury cases. Your awareness of these rules prevents you from accepting unfair settlement offers based on incorrect liability calculations.

Understand California’s comparative fault system

California follows a pure comparative negligence rule, meaning you can recover damages even if you share blame for the accident. Courts or insurance adjusters assign each party a percentage of fault, then reduce your compensation by your fault percentage. If you’re found 30% at fault for not using a bike light at night, you still recover 70% of your total damages from the driver who hit you.

This system differs dramatically from states using modified comparative negligence, where your fault percentage above 50% or 51% bars recovery entirely. California’s pure system means you should pursue compensation regardless of whether you contributed to the crash. A driver running a red light bears primary responsibility even if you were riding without a helmet, because helmet laws don’t prevent collisions.

California’s pure comparative negligence rule allows you to recover compensation even when you share partial fault, making every bicycle accident claim worth pursuing regardless of circumstances.

Meet critical legal deadlines

You have two years from the accident date to file a personal injury lawsuit under California Code of Civil Procedure Section 335.1. This statute of limitations deadline is absolute. Missing it by even one day destroys your right to sue for compensation, regardless of injury severity or the driver’s obvious fault.

Mark these specific deadlines on your calendar:

• 10 days: File SR-1 Traffic Collision Report with DMV
• 6 months: File claim against government entities (if applicable)
• 2 years: File personal injury lawsuit in civil court
• 3 years: File property damage claim for bicycle repairs

Government entity claims require special procedures under the California Tort Claims Act. If a city bus hit you or a poorly maintained road caused your crash, you must file an administrative claim within six months before filing any lawsuit. These shortened deadlines catch many cyclists off guard and require immediate action.

Step 10. Talk to a California bicycle accident lawyer

Consulting with an experienced personal injury attorney gives you professional guidance through the complex claims process and protects you from insurance company tactics designed to minimize your compensation. Most cyclists underestimate the value of their claims because they don’t account for future medical costs, lost earning capacity, or non-economic damages like pain and suffering. A California bicycle accident lawyer evaluates your case objectively and determines whether the settlement offers you receive represent fair compensation or lowball attempts to close your file cheaply.

When to contact a personal injury attorney

Contact a lawyer immediately if you suffered serious injuries requiring hospitalization, surgery, or extended recovery time. Cases involving traumatic brain injuries, spinal cord damage, broken bones, or permanent scarring require legal representation because insurance companies aggressively fight these high-value claims. You should also seek legal help when the driver’s insurance company denies liability, when multiple parties share fault, or when a government entity played a role in causing your accident.

Reach out to an attorney if your injuries prevent you from working or if your medical bills exceed $10,000. Insurance adjusters pressure injured cyclists into quick settlements before they understand the full extent of their damages. Free consultations let you understand what your case is worth before accepting any offers. Steven M. Sweat, Personal Injury Lawyers, APC offers 24/7 consultations with no obligation, and we work on contingency, meaning you pay nothing unless we recover money for your case.

Hiring an attorney early in what to do after a bicycle accident prevents you from making statements or signing documents that could destroy your claim’s value.

What to bring to your consultation

Gather all accident documentation before your initial meeting to help your attorney evaluate your case quickly. Bring copies rather than originals so you maintain your own complete file. The more organized information you provide, the faster your lawyer can identify liability issues and calculate damages accurately.

Prepare this documentation for your consultation appointment:

• Police report and collision diagram
• All photographs from the accident scene
• Contact information for witnesses
• Medical records, bills, and treatment plans
• Proof of lost wages or income statements
• Insurance correspondence and policy documents
• Your daily symptom journal
• Repair estimates for your bicycle

Your attorney uses these materials to determine liability, calculate damages, and develop a legal strategy tailored to your specific accident circumstances.

Next steps

Following these steps in what to do after a bicycle accident protects your health, your rights, and your financial recovery. Each action you take immediately after the collision strengthens your ability to hold the at-fault driver accountable and secure fair compensation for your injuries. Documentation creates evidence that insurance companies cannot dispute, medical treatment establishes the severity of your harm, and legal guidance prevents you from making mistakes that destroy your claim’s value.

Your recovery deserves full compensation for medical expenses, lost wages, pain and suffering, and future damages that will affect you for years to come. Insurance companies count on injured cyclists accepting quick settlements before understanding the true cost of their injuries. Don’t let adjusters pressure you into settling for less than you deserve.

Steven M. Sweat, Personal Injury Lawyers, APC has spent over 25 years fighting for injured cyclists throughout California. We offer free consultations 24/7, work on contingency (no fees unless we win), and come to you if your injuries prevent travel. Contact our Los Angeles bicycle accident attorneys today to discuss your case and protect your right to full compensation.

Bicycling is an increasingly popular mode of transportation and recreation, offering numerous health and environmental benefits. However, it also comes with its own set of risks, particularly when sharing the road with motor vehicles. Understanding common bicycle accident scenarios and how to avoid them is crucial for ensuring safety. Here, we outline the top five bicycle accident scenarios and provide practical tips on how to prevent them.

1. The Right Hook

Scenario: A “right hook” occurs when a vehicle passes a cyclist on the left and then makes a right turn, cutting off the cyclist’s path. This can happen at intersections or driveways and often results in the cyclist crashing into the turning vehicle or being forced off the road.

How to Avoid It:

• Be Visible: Wear bright clothing and use lights, even during the day, to make yourself more visible to drivers.
• Take the Lane: In some situations, it may be safer to ride in the center of the lane rather than to the far right. This can prevent cars from trying to squeeze by you before turning.
• Watch for Turn Signals: Always keep an eye on the turn signals of the vehicles around you. If a car is indicating a right turn, be prepared to slow down or stop.
• Avoid the Blind Spot: Do not ride in the blind spot of a vehicle. If you can’t see the driver’s eyes in their mirrors, they likely can’t see you either.

2. The Door Prize

Scenario: This scenario involves a cyclist crashing into an open car door. It typically happens when a parked car occupant opens the door without checking for approaching cyclists, leading to a sudden and often severe collision.

How to Avoid It:

• Ride at a Safe Distance: Maintain a distance of at least three feet from parked cars to avoid being in the “door zone.”
• Be Alert: Look for signs that someone might be about to open a door, such as a car that has just parked or brake lights turning off.
• Educate Drivers: Advocacy for public awareness campaigns can help educate drivers about the importance of checking for cyclists before opening their doors.

3. The Left Cross

Scenario: A “left cross” occurs when an oncoming vehicle makes a left turn in front of a cyclist who is going straight. The driver either does not see the cyclist or misjudges their speed, resulting in a collision.

How to Avoid It:

• Increase Visibility: Use front lights, even during the day, and wear bright clothing to increase your visibility to oncoming traffic.
• Ride Defensively: Be prepared to brake or swerve if a car appears to be turning left in front of you.
• Eye Contact: Whenever possible, make eye contact with drivers to ensure they see you before they make their turn.
• Use Hand Signals: Signal your intentions clearly when approaching intersections to let drivers know you are continuing straight.

4. The Overtaking Collision

Scenario: This type of accident happens when a vehicle overtakes a cyclist too closely, sometimes clipping them or forcing them off the road. It is particularly dangerous on narrow roads with little shoulder space.

How to Avoid It:

• Claim Your Space: On narrow roads, it may be safer to ride further into the lane to encourage drivers to pass you with a wider berth.
• Use Rear Lights: Rear lights, especially flashing ones, can make you more visible to drivers approaching from behind.
• Mirror Use: Consider using a rear-view mirror to keep an eye on traffic behind you, giving you more time to react if a vehicle is approaching too closely.
• Avoid High-Risk Areas: If possible, choose routes with wider shoulders or designated bike lanes.

5. Intersection Collisions

Scenario: Intersections are hotspots for accidents due to the complexity of traffic movements. Cyclists can be hit by vehicles running red lights, making unexpected turns, or not yielding the right of way.

How to Avoid It:

• Follow the Rules: Obey all traffic signals and signs. Do not assume drivers will stop at red lights or stop signs.
• Be Predictable: Always signal your turns and intentions clearly. Avoid sudden movements that drivers might not anticipate.
• Look Twice: Before crossing an intersection, look left, right, and left again. Be especially cautious of vehicles that may be running red lights.
• Stay Out of Blind Spots: Avoid stopping directly alongside a vehicle where the driver might not see you, especially large trucks and buses.

Conclusion

Bicycle accidents can have serious consequences, but many are preventable with the right precautions. By being visible, predictable, and aware of common accident scenarios, cyclists can significantly reduce their risk of accidents. It’s also crucial for drivers to be educated about sharing the road safely with cyclists.

For cyclists in Los Angeles seeking legal assistance after an accident, a bicycle accident lawyer in Los Angeles can provide valuable support and guidance. Remember, safety on the road is a shared responsibility, and by working together, we can create a safer environment for everyone.

Additional Tips for Cyclists

1. Regular Maintenance: Ensure your bicycle is in good working condition. Regularly check brakes, tires, and lights.
2. Wear a Helmet: Always wear a helmet to protect yourself in case of an accident.
3. Stay Informed: Keep up with local cycling laws and regulations.
4. Ride with Others: When possible, ride with other cyclists. There’s safety in numbers, and groups are more visible to drivers.
5. Emergency Preparedness: Carry a basic first aid kit and know how to use it. Learn basic bike repair skills to handle breakdowns on the road.

By incorporating these safety measures into your cycling routine, you can enjoy the many benefits of bicycling while minimizing the risks. Happy cycling!

Electric bicycles have become increasingly popular among people of all ages as a convenient way to get around Los Angeles. They are especially popular among pre-teens and young teenagers who aren’t yet old enough to drive because they don’t require driver’s licenses. However, e-bikes can also be dangerous. Many of these bicycles are sold as direct-to-consumer kits, and some of the companies that manufacture e-bicycles cut corners on designs and components to maximize their profits. While this might also make e-bikes more affordable to end users, cost-cutting on components and design elements can also make these bicycles even more dangerous to riders as illustrated by a currently pending lawsuit filed by the parents of a young girl who died in an e-bicycle accident.

Tragic Outcome From Young Girls’ E-Bicycle Accident

On Jan. 31, 2021, Molly Steinsapsir, age 12, and her friend and neighbor, Eme Green, age 11, were watching television together after Green spent the night at Steinsapsir’s home. The two girls were close friends who only lived a few houses apart from each other and were excited to be able to spend some time together after the lockdowns of the pandemic.

That morning, Eme’s mom texted Molly’s mother and told her that if the girls wanted to come to Eme’s house, they could try out Eme’s sister’s new e-bicycle. Her sister had received the e-bike as a bat mitzvah gift. The girls agreed and went to Eme’s home later in the morning to try out the bicycle.

Eme and Molly took the e-bike for a ride on Enchanted Way, which twisted and turned up a cliff above their neighborhood. At the top, people can see the entire area and take in views of the scenery. Eme was piloting the bicycle with Molly sitting on the companion seat behind her. On their descent, Eme lost control of the bike at the steepest point of the road, causing both girls to be thrown from the bicycle. Molly struck her head on the rocks during the crash, which caused her to lose consciousness immediately despite her helmet.

Upon receiving a phone call from Eme’s mother, Molly’s parents, John and Kaye Steinsapsir, rushed to the scene. They found multiple emergency response vehicles and paramedics tending to their daughter, but she remained unconscious. She was rushed to UCLA Medical Center. Doctors there discovered she had a small bleed between her skull and brain and prepared her for immediate surgery to stop the bleeding and relieve the pressure.

Initially, doctors were optimistic about Molly’s recovery and told Molly’s parents she would likely wake up after a week or two and then deal with persistent headaches and light sensitivity. However, five days later, the swelling in Molly’s brain significantly worsened. Despite an additional emergency surgery, Molly passed away.

Kaye and John Steinsapsir arranged for Molly’s organs to be donated. On Aug. 1, 2022, the couple filed a lawsuit against Rad Power Bikes, the manufacturer of the e-bicycle on which Molly and Eme had ridden.

Litigation Against Rad Power Bikes

John and Kaye Steinsapsir filed a lawsuit against Rad Power Bikes, alleging multiple causes of action. The causes of action included breach of warranty, strict product liability, design defects, manufacturing defects, marketing defects, and wrongful death. Separately, the couple filed a lawsuit against Eme’s parents, with whom they settled for $1.5 million.

In the suit against Eme’s parents, Rad Power Bikes filed a cross-complaint and argued any settlement payment awarded to the Steinsapsirs in that case should reduce the company’s liability in its case. However, the judge in the case against Eme’s parents dismissed the cross-complaint filed by Rad Power Bikes and approved the settlement.

Causes of Action in the Complaint

The Steinsapsirs argued that Rad Power Bikes was liable for multiple reasons. They argued that Molly’s death was preventable. According to the complaint, Rad Power Bikes implicitly marketed their e-bicycles to young riders who are not equipped to handle them. While Rad Power Bikes included a statement that people younger than 18 should not ride the bike that Molly was on when she died (the Radwaggon 2), the statement was included in small print on page 49 of a 57-page manual. Since the time the complaint was filed, the company changed its warning and now includes it prominently at the beginning of the manual instead of burying it in the lengthy document.

The Steinsapsirs pointed out that many of the riders of e-bikes are young teens and pre-teens who are not old enough to drive. They use e-bikes to get to school and visit their friends, and the fact that young riders are often the end users of the products is well-known in the industry. They argued that Rad Power Bikes and other direct-to-consumer e-bike manufacturers tacitly market the bicycles for use by minors by targeting their parents and advertising the bikes in a way that is particularly enticing to young people.

In addition to marketing and warning defects, the Steinsapsirs alleged multiple design flaws in the e-bicycles manufactured by Rad Power Bikes. The complaint alleged that the trail of the bike was too low for its weight and size. The trail is the horizontal distance between the point at which the steering axis intersects with the ground and the area where the bike’s front wheel contacts the ground. A short trail on a heavy bicycle makes it unstable at higher speeds.

They also argued that the bicycle was marketed with sub-par specifications, including the brakes and the quick-release axles. Instead of using mechanical drum brakes, the bike had disc brakes. The complaint alleged that disc brakes are insufficient for a larger, heavier e-bicycle, and the combination of disc brakes with quick-release axles can cause a sudden loss of control. In other cases, the quick-release axles have led to the front tire falling off the bike, although that isn’t what appeared to have happened in Molly’s case.

According to Molly’s parents, Rad Power Bikes chose to include disc brakes and quick-release axles as a cost-cutting measure. The design elements of the e-bike are cheaper than including drum brakes and a larger trail. However, the Steinsapsirs argued that the cost of including the cheaper components is a much higher risk of accidents and serious injuries, up to and including death. The Steinsapsirs stated that Rad Power Bikes both knew about these issues and failed to warn consumers about them or to do anything to correct them.

Since Rad Power Bikes sells its e-bikes directly to consumers, prospective buyers do not purchase them in bicycle shops. This means they don’t have a salesperson to ask questions about the components and the bicycle’s safety for young riders.

Finally, the Steinsapsirs argued that the girls would not have attempted to navigate Enchanted Way on a regular bicycle without the motor assistance provided by the e-bike motor. This is because the road was particularly steep and would have been too hard for the girls to ride up on a regular bicycle.

Analysis

California law prohibits riders under age 16 from piloting Class 3 e-bikes that travel up to 28 miles per hour. However, there is no age restriction for Class 1 or 2 e-bikes. The bicycle on which Molly and Eme were riding was a Class 2 bicycle, meaning there wasn’t an age restriction that applied to them. Others have pointed out that Eme’s parents should not have allowed her to pilot the bicycle, and the Steinsapsirs should not have agreed to let Molly ride on it. However, the Steinsapsirs said that they had seen many young people riding on similar e-bikes and didn’t know how dangerous they were.

Many people who own e-bikes manufactured by Rad Power Bikes have complained about the disc brakes. Others have reported the disc brakes regularly fail and must be replaced frequently. Others have reported crashing when the quick-release axles caused the front tires to fall off, but the reports about brake failures and tires falling off and leading to bicycle crashes are largely anecdotal.

One issue could be the assembly. With direct-to-consumer e-bikes, the consumer assembles the bicycle by following the instructions instead of having them professionally assembled. This could lead to an introduction of errors that could result in accidents.

Industry experts argue that the real issue is a lack of regulations. They argue more needs to be done by legislators to address the potential dangers of e-bikes. While the European Union has rigorous quality and safety standards for e-bikes, the U.S. does not.

Most of the experts and attorneys who reviewed the Steinsapsirs’ complaint felt there were issues with the complaint itself. Whether the Steinsapsirs are ultimately successful in their lawsuit against Rad Power Bikes, some of the known issues involved with e-bikes should be addressed to prevent similar tragedies from occurring in the future.

Talk to an Experienced E-Bike Accident Attorney

If you or your loved one was seriously injured while using an e-bike as intended, you might have legal grounds to pursue a claim against the bicycle’s manufacturer and designer. Contact the law firm of Steven M. Sweat, Personal Injury Lawyers, APC today by calling us at 866-966-5240. We provide free case evaluations and can explain the legal options and remedies that might be available.

The Growing Concern: Electric Bicycles and Car Accidents in California

As the streets of Los Angeles and throughout California become increasingly congested, more and more residents are turning to alternative modes of transportation to navigate the bustling byways. Among the most popular alternatives is the electric bicycle, or e-bike. Offering both manual pedaling and electric assistance, e-bikes have emerged as a favorite for those looking for a sustainable and efficient way to traverse the Golden State. But with their rise in popularity comes an important concern: the potential for accidents involving e-bikes and motor vehicles.

The Appeal of E-Bikes

The attraction of e-bikes is undeniable. They provide:

• Speed: E-bikes can travel faster than traditional bicycles, making them a viable alternative for longer commutes.
• Ease: For those who might struggle with hills or longer distances, the electric assist provides a welcome boost.
• Sustainability: With zero emissions, e-bikes are an eco-friendly mode of transportation.
• Cost-Efficiency: E-bikes can be more affordable than owning and maintaining a car, especially with the rising costs of fuel.

The Rising Concern

Despite their many benefits, e-bikes are not without their risks. Their very advantages – speed and ease – can also be their downfall when it comes to safety on the road:

1. Speed Discrepancies: E-bikes can reach speeds that are much faster than traditional bicycles. This can catch motorists off guard, especially if they are not expecting a bicycle to be traveling at such a rapid pace.
2. Visibility Issues: E-bikes, like traditional bicycles, are smaller and less visible than cars. In congested areas or during low light conditions, this can make them harder for motorists to spot.
3. Infrastructure Limitations: While California has been proactive in building bike lanes in many cities, not all roads are equipped to safely accommodate e-bikes. Mixing e-bikes with vehicular traffic can be a dangerous combination.

Statistics Speak Volumes

Recent studies have highlighted a concerning trend. As the number of e-bikes on Californian roads has risen, so too has the number of accidents involving them. According to the California Office of Traffic Safety, e-bike-related accidents have seen a significant uptick over the past few years, with many resulting in serious injuries or fatalities.

Staying Safe on the Road

While the concerns are real, this isn’t to say we should shun e-bikes altogether. Rather, it underscores the importance of being informed and cautious. Both e-bike riders and motorists can take steps to ensure safety:

• Education: Understand the capabilities and limitations of e-bikes. Familiarize yourself with local traffic laws related to e-bike usage.
• Visibility: E-bike riders should invest in high-visibility clothing and ensure their bikes are equipped with lights and reflectors.
• Anticipation: Motorists should be aware that e-bikes can move at unexpected speeds and always check blind spots before turning or changing lanes.

Final Thoughts

E-bikes offer an exciting and sustainable means of transportation, especially in a state as forward-thinking as California. However, as with any mode of transit, safety should always be the top priority. Through awareness, education, and mutual respect on the road, we can ensure that the relationship between e-bikes and motor vehicles is harmonious and safe.

Need for Attorney if You Are Involved in an E-Bike Traffic Accident in Los Angeles or Anywhere in California

Because of all the issues discussed above, E-bike accidents can result in serious injuries. Moreover, there can be claims that the bike rider is at “comparatively at fault” based upon factors such as speed, direction and position of the bike and any other involved vehicle. Do NOT make any admissions of fault at the scene. DO seeks out prompt medical attention and the help of an attorney familiar with e-bike accident claims. Call our offices at 866-66-5240 24/7. We have helped many victims of electric bike collisions and would be happy to provide you with a free consultation about any legal causes of action you may have and the potential value of your claim. We offer free consultations and charge no attorney fees unless and until we collect money on your case.

Cycling in Los Angeles, a city known for its sprawling urban landscape, endless traffic, and sunny weather, can be both exhilarating and treacherous. Recently, there’s been a concerning surge in bike accidents. Understanding the reasons behind this rise and the preventive measures we can take is crucial for every cyclist and motorist in the city.

The Rising Trend

Over the past few years, Los Angeles has seen an increase in bike accidents. With more people using bicycles for commuting, exercise, and leisure, the risk of accidents has inherently grown. According to the Los Angeles Department of Transportation, cyclist injuries and fatalities constitute a significant percentage of all roadway accidents in the city. This upward trend calls for an urgent examination of its causes and effective solutions.

Causes of Bike Accidents in Los Angeles

1. Heavy Traffic: Los Angeles is notorious for its heavy traffic. The bustling roadways often lead to less room for cyclists, increasing the likelihood of accidents.
2. Distracted Driving: With the advent of smartphones and other in-car technologies, distracted driving has become a major problem. Drivers who don’t pay full attention to the road pose a significant risk to cyclists.
3. Lack of Proper Infrastructure: Many streets in Los Angeles lack dedicated bike lanes, forcing cyclists to share the road with larger, faster vehicles.
4. Impaired Driving: Alcohol or drug-impaired drivers are a significant cause of bike accidents. Their impaired judgment and slowed reaction times can lead to serious collisions with cyclists.
5. Inadequate Visibility: Many bike accidents occur because drivers fail to see cyclists, especially during the night or in poor weather conditions.

Preventive Measures

1. Infrastructure Improvements: The city needs to invest in creating more bike lanes, particularly protected ones, to ensure cyclist safety. This infrastructure change can significantly reduce the risk of collisions.
2. Public Awareness Campaigns: Both drivers and cyclists need to be educated about the importance of road safety. Public awareness campaigns can help instill safe driving habits and promote respect for cyclists on the road.
3. Strict Enforcement of Traffic Laws: Law enforcement agencies should adopt a no-tolerance policy towards traffic violations that endanger cyclists. This includes distracted driving, speeding, and failure to yield to cyclists.
4. Visibility Measures: Cyclists can increase their visibility by wearing reflective clothing and using lights on their bicycles. Drivers should be encouraged to use their headlights appropriately and be more vigilant, especially during low-light conditions.
5. Promoting Safe Cycling Practices: Cyclists should be encouraged to use helmets and other protective gear, follow traffic rules, use hand signals, and maintain their bicycles properly to prevent accidents.
6. Impaired Driving Laws: Stricter impaired driving laws and their enforcement can deter potential offenders and, in turn, protect cyclists.

While the rise in bike accidents in Los Angeles is alarming, it’s important to remember that these accidents can be prevented. By understanding the causes and implementing the preventive measures outlined above, we can make the streets of Los Angeles safer for everyone.

As a community, we must advocate for safer infrastructure, stricter law enforcement, and increased public awareness to protect our cyclists. At the same time, as individuals, we can do our part by following safe driving and cycling practices and encouraging others to do the same.

Cycling in Los Angeles doesn’t have to be a dangerous activity. With collective effort, we can turn the tide on the rising bike accidents, making the city a safer and more bike-friendly place to live.

What to do if you are the victim of a bicycle accident in Los Angeles

If you’re involved in a bicycle accident in Los Angeles, there are several steps you should take to ensure your safety and protect your rights:

1. Ensure Safety: First and foremost, get yourself to a safe location off the road to prevent any further accidents.
2. Call 911: Dial 911 as soon as possible. This ensures that law enforcement arrives on the scene and a formal accident report gets filed. You’ll also receive immediate medical attention if necessary.
3. Seek Medical Attention: Even if you feel okay, it’s essential to seek medical attention promptly after the accident. Some injuries may not be immediately apparent due to adrenaline.
4. Gather Information: If possible, collect information from everyone involved in the accident, including their names, contact details, driver’s license numbers, and insurance details. Also, note the license plate number of any vehicles involved.
5. Document the Scene: Take photos of the accident scene, your bicycle, any vehicles involved, and your injuries. If there are any witnesses, try to get their contact information as well.
6. Don’t Negotiate on the Scene: Avoid getting into a negotiation or accepting fault at the scene of the accident. Remember, anything you say can be used against you later.
7. Notify Your Insurance Company: Report the accident to your insurance company as soon as possible. Provide facts but be cautious about making formal statements until you have spoken to an attorney.
8. Contact a Personal Injury Attorney: If you’ve been injured, it can be beneficial to contact a personal injury attorney specializing in bicycle accidents. They can guide you through the legal process, deal with insurance companies, and ensure your rights are protected.
9. Keep a Record: Keep a record of any medical treatments and expenses, loss of earnings, and any other costs related to the accident. This will be useful when claiming compensation.
10. Don’t Repair Your Bike: Keep your bike and equipment in the same state as they were after the accident. They can serve as evidence of the accident’s impact.

Remember, each bicycle accident is unique, and this list is not exhaustive. The most important thing is to prioritize your health and well-being. Consult with professionals, like a personal injury attorney, to ensure your legal rights are protected. At Steven M. Sweat, Personal Injury Lawyers, APC, we have been advocating for cyclist’s rights and representing victims of bike accident in the City of Angeles for over 25 years. We provide free consultations and charge nothing unless and until we win your case. Call today for free legal advice and for peace of mind: 866-966-5240

Here are some of the key bicycle laws in California:

1. Helmet Laws: In California, all bicyclists under the age of 18 are required to wear a helmet while riding a bicycle. Additionally, it is strongly recommended that all bicyclists wear a helmet, regardless of their age.
2. Traffic Laws: Bicyclists are required to follow the same traffic laws as motor vehicles. This means stopping at stop signs and red lights, riding with the flow of traffic, and using hand signals to indicate turns.
3. Bike Lane Laws: Bicyclists are required to use bike lanes when they are available. If there is no bike lane, bicyclists can ride on the road, but they must stay as far to the right as possible.
4. Night Riding Laws: Bicyclists are required to have a front white light and a rear red reflector or light when riding at night.
5. DUI Laws: Bicyclists can be charged with a DUI if they are riding a bicycle while under the influence of drugs or alcohol.
6. Electric Bicycle Laws: California has specific laws that apply to electric bicycles. These laws vary depending on the speed and power of the electric bike.

Here are some relevant sections of the California Vehicle Code that pertain to bicycle laws:

1. Helmet laws: California Vehicle Code (“CVC”) Section 21212 requires all bicyclists under the age of 18 to wear an approved helmet while riding a bicycle.
2. Traffic laws: CVC Section 21200 requires bicyclists to follow the same traffic laws as motor vehicle drivers, including stopping at stop signs and red lights, and riding with the flow of traffic.
3. Bike lane laws: CVC Section 21208 requires bicyclists to ride in a designated bike lane when one is available. If there is no bike lane, bicyclists must ride as far to the right as possible, except when passing, preparing for a left turn, or avoiding hazards.
4. Night riding laws: CVC Section 21201 requires bicyclists to use a front white light and a rear red reflector or light when riding at night.
5. DUI laws: CVC Section 21200.5 prohibits bicyclists from riding a bicycle while under the influence of drugs or alcohol.
6. Electric bicycle laws: CVC Section 312.5 provides definitions and regulations for electric bicycles in California, including speed and power restrictions.

These are just a few examples of the many bicycle laws in California. For a more comprehensive list, you can review the California Vehicle Code, specifically Division 11, Chapter 1, Article 4, which covers the laws pertaining to bicycles.

It’s important to note that bicyclists have the same rights and responsibilities as drivers of motor vehicles. This means that motorists must give bicyclists enough space when passing, and they must yield to bicyclists when required by law.

If you’re a bicyclist in California, it’s important to know your rights and responsibilities under the law. By following these laws, you can help ensure your own safety and avoid legal consequences.

If you have been injured in a bicycle accident in California, it’s important to seek the help of a skilled and experienced personal injury attorney who can help you recover the compensation you deserve. A bike accident attorney can review the specifics of your case, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

Don’t wait to take action after a bicycle accident. Contact a qualified personal injury attorney as soon as possible to protect your rights and get the compensation you need to recover from your injuries. At Steven M. Sweat, Personal Injury Lawyers, APC, we have helped hundreds of bike accident victims recover money for medical expenses, lost income and pain and suffering related to bike crashes. Our experience spans over two decades. Call today for a free consultation at 866-966-5240.

Many Californians enjoy bicycling as a fun recreational activity, an opportunity to get exercise while enjoying the outdoors, and as a means of transportation. As cycling has increased in popularity in the last few years because of the impact of the COVID-19 pandemic, the number of bicycle accidents and resulting injuries have sharply increased. An Oct. 2021 report by the American College of Surgeons found that trauma caused by bicycle accidents surged by 100% during pandemic-related lockdowns.

Some of the dangers involved with riding bicycles can be attributed to sharing the roads with motor vehicles. Both cyclists and motorists must understand the rules of the road and their responsibilities while riding or driving. To try to curb the number of bicycle accidents and their resulting injuries and fatalities, the California Legislature recently passed a bill that aims to protect bicyclists and decrease the danger that they will be involved in accidents. This law became effective on Jan. 1, 2023. Here’s some information about the new law and its impact on the rights and responsibilities of motorists who share the roads with bicyclists.

Bicycle Accident Statistics

According to the National Safety Council (NSC), bicycle-related fatalities increased by 16% in 2020 to a total of 1,260 preventable bicycle accident deaths during that year. In the 10 years before 2020, the increase in bicycle deaths was 44%. Preliminary estimates of the total number of bicycle-related fatalities in 2021 that were released by the National Highway Traffic Safety Administration (NHTSA) were that bicycle fatalities increased by another 5% over 2020.

The Insurance Institute for Highway Safety (IIHS) reports that 77% of bicycle accident fatalities in 2020 happened in urban areas. According to U.S. News and World Report, California is the 10th most dangerous state for bicyclists in terms of deaths per capita. On average, 11,000 bicyclists are injured and 160 are killed in California each year, and Los Angeles accounts for around 25% of the state’s bicycle fatalities.

California’s new Bicycle Omnibus Law is designed to reduce the number of bicycle accidents by making the roads safer for cyclists.

The Bicycle Omnibus Law

California AB 1909 was passed by the California Legislature on Aug. 23, 2022, and signed into law by Gov. Gavin Newsom on Sept. 23, 2022. This law became effective on Jan. 1, 2023. This law addresses the duties of motorists when they overtake and pass bicyclists in addition to a few other changes as described below.

Expansion of the Three-foot Rule While Passing

Under the previous law, motor vehicles were supposed to give bicyclists at least three feet of room when passing them but did not necessarily require cars to change lanes when passing bicycles. The legislature recognized the difficulty of judging how much room three feet is for motorists sharing the roads with cyclists. The new law adds to the room cars must provide cyclists when passing by requiring them to change lanes when an opening is available. The expansion from three feet to changing lanes when overtaking and passing bicycles should help to reduce the number of bicycle accidents caused by motorists mistaking the distance between their vehicles and bicycles.

E-bikes Allowed on Bicycle Paths

E-bicycles have become nearly ubiquitous in California’s traffic landscape with the proliferation of e-bike services such as Byrd and Lyft. Previously, e-bicycle riders were prohibited by many municipalities from riding these bikes on bicycle pathways. However, AB 1909 now allows e-bike riders to use bicycle paths. However, communities retain the right to restrict e-bicycle from certain areas, including hiking and equestrian trails. This provision opens up most bicycle paths to e-bike riders, which should help to reduce the number of accidents involving motor vehicles vs. e-bicycles by providing riders with safe places to ride.

Removal of Enforcement of Bicycle Licensing Ordinances

Another provision of the Bicycle Omnibus Law removes the ability of cities to enforce bicycle licensing ordinances. Some cities have ordinances that require cyclists to register their bicycles and purchase annual bicycle operating licenses. While enforcement of these ordinances has been uneven, there have been some instances of selective enforcement by local law enforcement against minorities. The cessation of bicycle licensing ordinance enforcement is designed to prevent this type of selective enforcement and allow people of color to avoid harassment while riding bicycles.

New Crossing Rule

Under the new law, bicyclists can cross at intersections with pedestrians when the walk signs are illuminated. Previously, bicyclists had to follow the traffic lights for motor vehicles to cross roads instead of the pedestrian walk signals. Under the new law, bicyclists can choose to cross the street with pedestrians when the walk signals are illuminated even when they differ from the traffic signals for motor vehicles. This provision is meant to increase the safety of cyclists when they cross busy streets by giving them a head start over motor vehicles. This provision will not be effective until Jan. 1, 2024.

Other California Bicycle Laws

Under California law, bicyclists are expected to understand their legal obligations and follow traffic rules. There are a number of laws that govern bicyclists and when and where they should ride, including the following:

• Cal. Veh. Code 21202 – When cyclists are moving slower than surrounding traffic, they can take the lane when the lane is not wide enough for the bicyclist and a car to share it next to each other. Cyclists must ride to the right side of the road except when preparing to turn left, pass, or avoid hazards.
• Cal. Veh. Code 21208 – Bicyclists who are moving slower than surrounding traffic should use bicycle lanes where they exist except when they are drawing near to an area where they are legally allowed to turn right, preparing to turn left, avoiding hazards, or passing.
• Cal. Street and Hwy. Code 890.4d – Bicyclists do not have to use protected lanes that are separated from traffic.
• Cal. Veh. Code 21650 – Cyclists must travel in the direction of traffic except when riding on overly narrow roads, one-way streets, or when the right-hand side is closed because of construction.
• Cal. Veh. Code 21211 – Bicyclists can’t park bicycles on bicycle paths or stop and obstruct them.
• Cal. Veh. Code 21206 – Counties and municipalities can regulate whether cyclists can ride on sidewalks.
• Cal. Veh. Code 21960 – Bicyclists and e-bikers are prohibited from riding on expressways and freeways when doing so is prohibited by local authorities and the Department of Transportation.
• Cal. Veh. Code 23330 – Bicyclists are prohibited from crossing toll bridges unless they are allowed to do so by the Department of Transportation.
• Cal. Veh. Code 21200 – Bicyclists otherwise have the same duties and rights when operating their bikes on the roads as motorists.

Bicyclists are expected to understand and follow their legal obligations when they ride.

What to Do if You’re Injured in a Bicycle Accident

If you are injured in a bicycle accident with a motor vehicle, you should do the following things to protect your rights:

• Call 911 or ask someone to call for you.
• Assess yourself for injuries.
• Get the motorist’s name, contact information, insurance information, license plate number, and the make and model of their vehicle.
• Take pictures of the accident scene, the damage to the vehicle and your bike, debris on the road, and other relevant details. If you can’t take pictures because of your injuries, ask a bystander to take them for you.
• Ask witnesses for their names and contact information so that they can be contacted later. Encourage them to remain to tell the police what happened.
• Seek medical attention immediately, and follow any treatment recommendations you are given by your doctor.
• Contact an experienced Los Angeles bicycle accident lawyer.

Potential Damages in a Bicycle Accident Claim

Damages are monetary amounts that are meant to compensate negligence victims for their economic and non-economic losses. The value of a bicycle accident claim can value based on case-specific factors. Some of the types of damages that might be available include the following:

• Past and future medical expenses
• Past and future wage losses
• Bicycle damage and other property losses
• Past and future pain and suffering
• Emotional distress/trauma
• Disfigurement/scarring
• Disability
• Loss of the enjoyment of life
• Others

An experienced attorney can review your claim and help you understand the legal remedies that might be available.

Get Help from an attorney at the Steven M. Sweat, Personal Injury Lawyers, APC

If you were injured in a serious bicycle collision because of the negligent actions of a motorist, you should consult an experienced Los Angeles bicycle accident attorney at the law firm of Steven M. Sweat, Personal Injury Lawyers, APC. We have years of experience fighting for the rights of injured bicyclists and can advise you about your legal options. Call us today for a free consultation at 1-866-966-5240.

In Sept. 2021, an incident involving a 16-year-old teenager who struck six cyclists after blowing clouds of exhaust fumes on a group of cyclists was widely reported in the news media. The incident happened in Texas. Initially, the teen was released by the police from the scene without charges. However, the district attorney’s office in the county where the incident happened recently filed charges against the teen.

While the case is pending in Texas, if a similar incident happened in California, the perpetrator would also likely be charged with serious crimes. In either state, the injured victims would also be entitled to pursue compensation through personal injury claims regardless of the outcome of the criminal case against the defendant. Here is some information about the incident and how it might be handled if it happened in California.

Texas incident

On Sept. 25, a group of cyclists were training for the Ironman Texas athletic competition and were cycling through Waller County, Texas. A 16-year-old boy was driving a pickup truck that had been modified to allow the driver to release thick clouds of exhaust fumes, an action that is colloquially known as “rolling coal.” The teenager began spewing exhaust fumes on the group of cyclists before striking six who were cycling in front of his vehicle.

The teen stopped and remained at the scene. All six cyclists were injured, and three suffered serious injuries. Officers with the Waller Police Department responded to the scene. Instead of placing the teen under arrest, the officers released him without charges. This sparked national media attention and outrage, and reports later revealed that the teen had connections to members of the Waller City Council.

On Nov. 8, the Waller County District Attorney’s Office announced that it had filed six felony counts of aggravated assault with a deadly weapon against the young man. The DA’s office stated that the police had not properly investigated the accident and had failed to notify the District Attorney’s office when the accident occurred. The teen reportedly surrendered to authorities and is being held in custody until a court appearance.

How would a similar case be handled in California?

If this case had happened in California, the teenager would have been charged with six counts of aggravated assault with a deadly weapon under Cal. Pen. Code § 245(a)(1). California does not have a separate statute for aggravated vehicular assault and classes this type of offense under the umbrella of aggravated assault with a deadly weapon. In this type of scenario, the truck itself would be considered to be a deadly weapon.

Under this statute, a person who assaults someone else with a deadly weapon other than a firearm commits a felony. A conviction could result in a prison sentence of two, three, or four years and a fine of up to $10,000. Since the teen was charged with six counts of aggravated assault with six victims, he would face 12 to 24 years and a fine up to $60,000 if he was charged as an adult in California. However, since he is a juvenile, it is likely he would be adjudicated in the juvenile justice system and could be held in the custody of the Division of Juvenile Justice for a maximum period until he reached age 25.

Under Cal. Welfare & Inst. Code § 707(b), prosecutors in California can choose to directly charge juveniles as adults when they are at least 14 years old and are accused of committing certain offenses listed in the statute. One of the offenses for which a juvenile can be charged as an adult is an assault using force likely to cause serious bodily injury. Using a truck to forcibly run over six cyclists would likely qualify, so it is possible that if this incident happened in California that the teen would be charged as an adult and face adult criminal sentencing.

Potential civil lawsuits

In either Texas or California, the cyclists who were injured by the teenager would also have the right to pursue compensation by filing personal injury lawsuits. These types of legal actions can be filed against defendants even when the defendants have criminal cases pending against them. The prohibition against double jeopardy does not apply when people are facing legal actions under two different bodies of law. Since personal injury cases are civil actions and not criminal cases, civil and criminal cases can be filed against a defendant for the same conduct and proceed simultaneously.

Civil tort lawsuits do not carry the potential for incarceration while criminal cases do. Instead, civil lawsuits are filed to pursue monetary damages to compensate victims for their economic and noneconomic losses. Since defendants in personal injury lawsuits do not face the potential loss of their freedom and civil liberties, the burden of proof required of civil plaintiffs is lower than the burden of proof required of criminal prosecutors.

Civil vs. criminal cases

A criminal prosecutor is required to prove the elements of a crime beyond a reasonable doubt before a defendant can be found guilty. By contrast, a civil plaintiff must prove the elements of a tort offense by a preponderance of the evidence to hold a defendant liable to pay damages. This is a much lower legal burden and means that a plaintiff in a personal injury case must present evidence showing that an incident more likely than not happened in the way the plaintiff argues it occurred. The differences in the burden of proof in criminal and civil cases mean that it is sometimes possible to hold a defendant accountable in a civil case even when he or she is found not guilty in a criminal case for the same incident.

A famous example of this difference happened in the civil and criminal cases filed against O.J. Simpson during the 1990s. While he was found not guilty of murdering Ronald Goldman and Nicole Brown Simpson following his criminal trial, he was found liable in the civil wrongful death lawsuits filed against him by their surviving family members.

Filing personal injury lawsuits against criminal defendants might provide a way for victims to hold them accountable for their wrongful actions even if they might be found not guilty in their criminal cases. In situations in which the defendant’s conduct was especially egregious, punitive damages might also be available in addition to compensatory damages.

Identifying defendants and potential sources of recovery

In cases in which a teenage driver is at fault for causing a serious injury accident, the victims can file claims against the driver’s insurance policy. However, when serious injuries are involved, a teen driver’s insurance policy limits might not be enough to cover the victims’ losses.

For example, California only requires motorists to carry liability insurance in the following minimum amounts:

• $15,000 for bodily injury or death to one person
• $30,000 bodily injury for two or more victims per accident
• $5,000 for property damage

In a case like this one involving six injured cyclists and damage to six expensive racing bicycles, these policy limits would clearly be insufficient to cover the victims’ losses.

If the teen involved only had insurance with the minimum policy limits in a similar situation in California, it would be important to identify other potential sources of recovery to ensure that the victims were fairly compensated. Other sources in this type of case might include the teenager’s parents and the cyclists’ uninsured and underinsured motorists coverage.

Potential liability of the parents

Some states allow plaintiffs to pursue a legal theory called the family purpose doctrine. In those states, car accident victims can hold the parents of a minor driver vicariously liable in an accident when a vehicle driven by the teen is used by the family for family purposes. However, California does not recognize the family purpose doctrine. Despite this, it is still possible that the teen’s parents could be held directly liable through a theory called negligent entrustment.

The owner of a vehicle can be held liable for negligent entrustment of a vehicle to a driver when a plaintiff can present evidence proving the following elements:

• The driver negligently operated the vehicle.
• The defendant owned the vehicle that the negligent driver was driving.
• The defendant knew or should have known that the defendant driver was incompetent or unfit to drive the vehicle.
• The defendant gave permission to the driver to drive the vehicle.
• The negligent driver’s incompetence substantially contributed to the accident and resulting injuries.

If the victims would be able to prove that the teen’s parents owned the truck and gave him permission to drive it despite knowing that he was incompetent or unfit to drive it, they could be liable to pay damages under a negligent entrustment theory. Since the parents likely have more assets available to pay damages, pursuing a negligent entrustment cause of action against the parents as well as a negligence cause of action against the teen driver might help the victims to recover fair compensation.

UM/UIM coverage

Another potential source of recovery is the victims’ UM/UIM coverage. If the victims have this type of coverage on their insurance policies, they can file claims under it. UM/UIM coverage pays damages that exceed the policy limits of the at-fault driver’s policy up to the policy limits of the UM/UIM coverage.

Consult with a lawyer

Cases like the one that happened in Texas are horrifying. However, similar incidents sometimes occur everywhere in the U.S., including in California. If you were seriously injured in a bicycle accident caused by a driver who was engaged in intentional conduct, you may have the right to pursue compensation through a personal injury lawsuit. Contact the law firm of Steven M. Sweat, Personal Injury Lawyers, APC today to schedule a free consultation.

Los Angeles should be the perfect setting for riding bicycles, but the lack of bicycle infrastructure and heavy traffic makes it dangerous. Fortunately, a long-running festival is set to return to the city this year. CicLAvia is scheduled to return to Los Angeles after a hiatus caused by the COVID-19 pandemic. This open street bicycling festival will begin on Aug. 15 in Wilmington followed by events on Oct. 10 in downtown LA and Dec. 5 in South LA. CicLavia is operated by a nonprofit organization with the goal of promoting public health and mass transit. During the event, streets along the route will be closed and filled with cyclists, pedestrians, and vendors.

History of CicLAvia

The first CicLAvia festival was held in October 2010. Organizers modeled the event on the regular car-free festivals that are held in Bogota, Colombia each Sunday. More than 100,000 people attended the first CicLAvia festival in 2010, far exceeding the nonprofit’s expectations. The first event featured open streets stretching from East Hollywood to Boyle Heights, drawing many people outdoors to enjoy the open, traffic-free spaces and fresh air.

Since the first festival, CicLAvia events have happened every two months before the pandemic forced them to temporarily cease. Five CicLAvia festivals were canceled in 2020 because of COVID-19. When the festivals happen, cyclists will proceed along a pre-determined route. The streets will be closed to vehicular traffic. Pedestrians and skateboarders are also welcome to attend to walk, ride, and enjoy outdoor dining and the various goods offered by vendors along the route.

The routes are normally planned near mass transit locations, allowing anyone who wants to participate to attend. The return of CicLAvia is being hailed as a bright spot in the recovery process as Los Angeles begins to emerge from the pandemic.

Businesses located along the routes typically offer deals to attendees to attract new customers. Food trucks, arts and crafts, and things like climbing walls are also frequently present. The event is free and encourages people across LA to connect with each other.

CicLAvia reports that since its inception, more than 1.8 million people have participated in its open street festivals. The events also allow people to explore alternative modes of transportation while enjoying safe, slow streets.

More bicycle and pedestrian infrastructure needed

CicLAvia highlights the need for bicycle and pedestrian infrastructure on LA’s streets. While the weather in the city is warm year-round, which should be ideal for riding bicycles, its streets are also dangerous for cyclists and pedestrians to navigate. Despite the fact that Los Angeles has numerous wide boulevards with room to install smart cycling infrastructure, the city has failed to make meaningful progress on making the streets safer for cyclists and pedestrians.

Los Angeles is notorious for its traffic congestion. When cyclists are forced to share the streets with motor vehicles without a safe place to ride, they face serious risks of being seriously injured or killed in bicycle collisions. In 2018, Bicycling named Los Angeles as the worst city for cyclists because of the high number of fatalities that happen each year. Many motorists drive while distracted by their phones and electronic devices despite laws prohibiting texting while driving or using handheld mobile devices. Other motorists drive aggressively, and many cyclists have been killed in hit-and-run bicycle accidents.

The conditions of some of the streets in LA have also resulted in serious injuries in bicycle accidents. For example, Los Angeles had to pay $7.5 million who suffered quadriplegia in a bicycle crash caused by tree roots that had buckled the pavement where he was riding in Porter Ranch.

Bicycle crash statistics

With fewer motorists on the streets of LA during the pandemic, bicycle accidents plummeted even though the pandemic brought an increase in the number of cyclists. For example, in Sept. 2020, there were 18 bicycle collisions reported by the Los Angeles Police Department. In comparison, 185 bicycle accidents happened in the city during Sept. 2019.

Between 2016 and 2018, 450 cyclists were killed in accidents across California, and Los Angeles County had more fatal bicycle accidents than any other county in the state with 106 during that period. In 2019 alone, 36 cyclists lost their lives in crashes in LA. With motorists returning to the streets combined with more cyclists, it is important for the city to take steps to prevent more cyclists from suffering serious injuries or being killed in collisions.

Slow Streets program

During the pandemic, the Los Angeles Department of Transportation initiated the Slow Streets program to allow residents to enjoy more outdoor spaces while following the physical distancing guidelines. Neighborhoods that applied to participate in the program had signs placed at their entrances telling motorists to slow down. However, the program was initially billed as temporary, and LADOT states that it is no longer installing Slow Streets and is instead concentrating on the neighborhoods that have already been approved to participate in the program.

CicLAvia’s impact

CicLAvia has helped to influence the transportation policies of Los Angeles for bicyclists and pedestrians. However, much more work needs to be done. While the city previously promised additional bicycle infrastructure installations, motorists who have been angered by the plans have successfully blocked them. For example, in Playa del Rey in 2017, motorists flooded social media with angry messages about the community’s plan to install bicycle lanes because the number of lanes for cars would be reduced. The city backed down and did not install the bicycle lanes it had promised. Hopefully, CicLAvia will help to inspire more people to think about transportation in LA differently. As an increasing number of people have embraced riding bicycles in the city, maybe there will be greater acceptance of installing bicycle infrastructure to reduce the number of bicycle collisions that happen in the city and county every year.

What to do if you are involved in a bicycle accident

If you are injured in a bicycle collision with a car or because of a dangerous condition in the street, you should report your accident to the authorities. If you can, try to photograph the vehicle or hazardous condition that caused your crash, and ask for the names and contact information of anyone who saw what happened. Take as many photos of the accident scene as possible, including the vehicle’s make and model, the weather and road conditions, and the damage to your bicycle and the vehicle. Get the driver’s insurance and registration information.

Make sure to seek medical attention even if you think your injuries are minor. Some injuries do not show symptoms for hours or days after a collision. Getting immediate medical attention can aid in the recovery process and make it likelier that you will be able to show that your accident caused your injuries instead of an intervening or unrelated event.

Talk to an experienced bicycle collision attorney in Los Angeles

Riding bicycles in Los Angeles should be an enjoyable and healthy experience. Unfortunately, however, many cyclists are seriously injured or killed each year. Motorists and their insurers typically attempt to place the blame for bicycle collisions on the cyclists, making it important for you to talk to an experienced bicycle accident attorney at the Steven M. Sweat Injury Lawyers for help with your case. Attorney Steven M. Sweat has more than two decades of experience representing the victims of negligence and helping them to recover the compensation to which they should be entitled to for their losses. Call us at 866-966-5240 to schedule a free case evaluation, and learn about the legal merits of your claim.

In California, cities have immunity when people are injured while using paved or unpaved trails because of the design or location of the trail. The immunity does not apply when the injuries are caused by a dangerous condition that is unrelated to the trail, however. In Reed v. City of Los Angeles, Cal. Ct. App., Case No. B294531, the courts considered whether a badminton rope stretched across a bicycle trail was an unrelated dangerous condition or could have caused injuries to people regardless of whether they were using the trail.[1]

Factual and procedural background

On Sept. 12, 2015, Sells Reed III was riding his bicycle at 5:30 a.m. on a paved path that was adjacent to some sports fields in MacArthur Park in Los Angeles. Some people who were not connected to the City of Los Angeles had stretched a rope of a badminton net across the path. Reed did not see the rope and struck it, causing him to fall backward from his bicycle and to suffer multiple injuries. He filed a lawsuit against Los Angeles, alleging that the city had constructive notice of the existence of a dangerous condition on public property or that the city’s public employees were negligent in the performance of their jobs, resulting in his injuries.

The City of Los Angeles filed a motion for summary judgment. It argued that it was immune from lawsuits under the doctrine of trail immunity. It also argued that even if trail immunity did not apply, it was still not liable because the city did not have constructive or actual notice of the existence of the dangerous condition, and the negligence claim was improper.

After reviewing the city’s motion for summary judgment, the trial court agreed with each of the city’s three arguments. The court granted the motion for summary judgment, and Reed filed an appeal of its decision.

Issue: Whether trail immunity applied to the badminton rope across the trail or if it was an adjacent, unrelated danger to the trail’s design?

On appeal, Reed argued that under Cal. Govt. Code § 835, public entities can be held liable for dangerous conditions on their properties that could reasonably cause a foreseeable risk of injuries to people who are using them when they had actual or constructive notice of the existence of the dangerous condition or when their employees were negligent.[2] He also argued that trail immunity under Cal. Govt. Code § 831.4 did not apply under the specific facts of what happened in his accident.[3] He argued that courts have held that immunity does not apply when the dangerous condition arises from something that is unrelated to the trail’s design and location and is simply adjacent to it.

Rule: Public entities are immune from liability when people are injured while using paved or unpaved trails unless the dangerous condition is unrelated to the trail and could have injured people regardless of whether they were using the trail.

Reed argued that courts have found that immunity applies when injuries are caused because of the design of a trail or its location. He also argued that courts have found that trail immunity does not apply in situations when the dangerous condition is next to a trail and is not related to the trail’s purpose. Reed argued that the dangerous condition in his case was adjacent to the trail and was not related to the purpose of the trail. He cited Amberger-Warren v. City of Piedmont, 143 Cal.App.4th 1074 (2006) to show an example of when the court found that immunity applied.[4] He also cited Garcia v. American Golf Corp., 11 Cal.App.5th 532 (2017) as an example of when the courts have found that trail immunity does not apply.[5]

Analysis

The court first reviewed the court’s decision in Amberger-Warren. In that case, an unleashed dog ran into a woman on a trail, causing her to slip in some debris and fall down. When she fell, she landed halfway off of the trail and grabbed a cement edge of the trail to keep herself from falling down an adjacent hill. The woman argued that her injuries were caused by dangerous conditions other than the trail, including the fact that dogs were allowed to roam freely in the park without leashes, the location of the trial next to a hill, failing to install guardrails, and allowing debris to accumulate. In that case, the court found that trail immunity applied because public entities are not responsible for the negligence of third parties alone. It also held that accumulated debris on a trail falls under the immunity provision.

The court then looked at the decision in the Garcia case. In that case, a woman was pushing her baby in a stroller on a trail next to a golf course. A golf ball that was hit from the course struck her baby in the stroller, causing serious injuries. The court found that the trail immunity doctrine did not apply because the dangerous condition presented by errant golf balls could injure people regardless of whether they were using the trail. All of the factors that led to the baby’s injuries were unrelated to the trail. By contrast, several of the factors that contributed to the woman’s injuries in the Amberger-Warren case were directly related to the trail.

After reviewing those two cases, the court then analyzed Reed’s lawsuit against the City of Los Angeles. It found that a badminton net is not an inherently dangerous condition by itself. However, when it is stretched across a bicycle trail, it becomes a dangerous condition. This meant that the danger was directly related to the trail’s location and the trail itself and that others would not be injured by the net without the trail.

Conclusion

The court affirmed the trial court’s decision to dismiss the case against the City of Los Angeles. The City of Los Angeles was awarded its costs on appeal.

Get help from an experienced personal injury attorney

While the city may be liable for certain injuries that occur on trails, immunity will apply in many situations. If you have suffered serious injuries while you were using a bicycle or hiking trail because of dangerous conditions that were not related to the trail itself, you may have grounds to file a lawsuit to recover compensation for your losses. An experienced attorney at the law firm of Steven M. Sweat, Personal Injury Lawyers can review the facts of your case and provide you with an analysis of whether your claim has legal merits. Contact us today to schedule a free consultation by filling out our contact form or calling us at 310.592.0445.

Sources

[1] https://law.justia.com/cases/california/court-of-appeal/2020/b294531.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2020-03-06-personal-injury-dce1bc23bf&utm_content=text-case-read-more-9

[2] https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CCP&division=&title=10.&part=2.&chapter=7.&article=3.

[3] https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=GOV&tocTitle=+Government+Code+-+GOV

[4] https://scholar.google.com/scholar_case?case=7807908973238585392&q=Amberger-Warren+v.+City+of+Piedmont&hl=en&as_sdt=6,26&as_vis=1

[5] https://scholar.google.com/scholar_case?case=8411704792981894266&hl=en&as_sdt=6&as_vis=1&oi=scholarr

Countries and cities around the world have started Vision Zero initiatives to eliminate all traffic fatalities. In 2015, Los Angeles mayor Eric Garcetti started the city’s Vision Zero initiative to work toward the elimination of all traffic deaths by 2025. Unfortunately, data demonstrates that traffic fatalities have continued to rise despite the initiative. There are several reasons why the traffic fatality rates show no signs of slowing, including poor infrastructure for bicyclists and pedestrians, distracted driving, and traffic congestion on the city’s streets and roadways.

Statistics

According to data released by Vision Zero and reported by the Los Angeles Times, 244 people died in traffic accidents in Los Angeles in 2019. While this represents a slight decrease of 0.8% from 2018, the statistics about pedestrian and cyclist deaths are more troubling. Since the start of Vision Zero in 2015 in the city, the total number of traffic fatalities has increased by 33%. Pedestrians represent a small percentage of accidents that occurred at 8%. However, they represent 44% of the fatalities that happened over the five years since the start of Vision Zero. In 2019, pedestrians represented 55% of the traffic fatalities that happened in Los Angeles.

When LA is compared to cities that also have Vision Zero programs, such as New York, it is clear to see that Los Angeles is not doing well with its initiative. New York established its Vision Zero program in 2014. It achieved a record-low number of fatalities in 2018 of 202, which was down from 707 in 1990 and 381 in 2000.

Why are traffic fatalities remaining high in Los Angeles?

There are multiple potential reasons for the stubbornly high traffic fatality rates in Los Angeles. While New York has invested substantial resources into designing infrastructure to help protect pedestrians and bicyclists, Los Angeles has not kept up with the pace. Many people in New York take advantage of the city’s subway system. By contrast, the culture in Los Angeles is much more focused on cars for transportation, making the streets very congested. The city also has done little to build better infrastructure to separate pedestrians and bicyclists from traffic, including separate pedestrian walkways and bicycle lanes. Instead, cyclists must use unseparated bicycle lanes where they are available or ride in the far right-hand traffic lane where they are not.

There are around 6,500 miles of road in Los Angeles. Out of those, the mayor only designated around 80 for bicycle lanes at the start of Vision Zero in 2015. Subsequently, pushback from motorists has led to seven miles of bicycle lanes being removed. There are many possible explanations for Los Angeles’ poor traffic fatality figures, but most cyclists blame the council members’ reluctance to put in new protected bike lanes. Out of LA’s 6,500 road miles, Mayor Garcetti only designated about 80 for bike lanes in 2015. Since that time, pushback against the installation of bicycle lanes by motorists has led to many being removed.

City council members have much more power over their districts in LA than they do in New York. Regardless of how much Vision Zero pushes for different districts to add bicycle lanes, the council members have the power to veto any decisions to install bicycle lanes in their districts. The Los Angeles Department of Transportation has focused on adding new signs and signals and painting crosswalks instead of adding bicycle lanes and protected pedestrian walkways. In addition to these city-related issues, there are also driver behaviors that have led to an increase in pedestrian and cyclist deaths and the persistence of the overall fatality rate.

Factors leading to increased pedestrian fatalities

One of the biggest factors leading to an increase in the number of pedestrian fatalities is the use of smartphones. Both pedestrians and drivers should avoid using their smartphones while they walk or drive. Motorists who have their phones turned on while they drive may be easily distracted by incoming messages, calls, and emails. When drivers take their eyes off of the road to look at their phones, their vehicles will continue to travel for a hundred feet or more. When they take their hands off of the wheel to respond to a text message, they will continue to travel without having any control over their vehicles.

While driving and using a handheld cell phone is illegal in California, many drivers continue to engage in distracted driving. Drivers should turn their phones off and put them out of sight when they get behind the wheel. Even incoming calls on a handsfree phone can distract a driver’s attention away from the road.

Pedestrians are also frequently distracted by their smartphones. When people are looking at their phones while they are walking, they may step in front of oncoming vehicles without noticing them. Both motorists and pedestrians need to keep their attention on the roads at all times. Motorists should take notice of pedestrians on the sidewalks who appear as if they might try to cross mid-block, and they should always obey all traffic control devices. When drivers turn onto other streets, they need to check the intersections and crosswalks carefully to avoid turning into pedestrians who are crossing.

Factors leading to an increase in cyclist deaths

Many people choose to ride bicycles in Los Angeles as a mode of transportation and for recreation. Like pedestrians, cyclists are frequently the victims of distracted drivers whose attention is focused elsewhere. Cyclists who do not have separated bicycle lanes are forced to share the roads with motorists. Drivers may not see cyclists because of driver inattention and because cyclists may be more difficult to see than other vehicles.

Los Angeles was designed for vehicles. The street designs are not very bicycle-friendly. Motorists frequently speed on the streets of LA, placing other motorists and cyclists around them in danger of accidents.

Contact an attorney at the Steven M. Sweat, Personal Injury Lawyers

Los Angeles needs to do more to reduce the number of traffic fatalities, including infrastructure changes that might initially be unpopular. Drivers should also do more to avoid causing accidents with pedestrians and cyclists. If you have lost a loved one in an accident that was caused by a motorist’s negligence in Los Angeles, you should get help from an experienced injury attorney. Contact the Steven M. Sweat, Personal Injury Lawyers today by calling us at 866.966.5240.

Los Angeles should be one of the best cities to ride bicycles in the U.S. With its balmy weather, year-round warmth, sunshine, and spectacular views, bicyclists should be able to enjoy riding their bicycles for recreation and transportation. The streets are very congested, making bicycling a good option for getting to your destination faster than you might if you drove your car. While these factors should make Los Angeles ideal for bicycle riding, it is instead the most dangerous city in America for people to ride their bicycles. The dangers to cyclists in Los Angeles result from several different factors that the city needs to address.

Statistics

From 2014 to 2016, 180 bicyclists were killed in Los Angeles, and many others were seriously injured. The city had more bicycle fatalities than any other city in the U.S. It also surpassed the bicycle fatality rates of every state other than California, Florida, and New York.[1] The high number of fatalities results from several factors, including congestion, a lack of bicycle infrastructure, poor road maintenance, and failures to act by politicians.

Problems caused by congestion

Los Angeles has the worst congestion on its roadways of any major city in the U.S. The county has a population of around 19 million people, and many of them choose to drive to their jobs. The result is millions of commuters clogging the city’s roadways and streets every day. Congestion causes drivers to become angry and to drive more aggressively. Some of them speed or drive while they are distracted. When bicyclists share the roads with motorists in heavy traffic, some motorists fail to see them and hit them. Others open doors in the paths of bicyclists when the motorists park alongside the streets. Some motorists have hit-and-run accidents with bicyclists, fleeing the scene without stopping to help the injured bicyclists.

In one case, Frederick “Woon” Frazier was hit and killed by a hit-and-run driver in 2018 after his bicycle was struck from behind at a high rate of speed.[2] Two days later, a friend of his was struck by another hit-and-run driver while he was attending a vigil in Frazier’s honor.[3]

Despite the problems of congestion and the dangers that it can bring, the city has done little to invest in public transportation or to encourage carpooling to cut it down. This means that motorists will continue to endanger bicyclists who try to share the roads with them.

Lack of bicycle infrastructure

Los Angeles’s lack of bicycle infrastructure is a major problem. The city has few separated bicycle paths and few bicycle lanes on its streets. In a study that we reported on that was conducted in Toronto, Ontario and Vancouver, B.C. in Canada, the authors looked at the reasons why bicycle crashes tend to occur in urban settings.[4] Most of the factors that were identified by the researchers had to do with infrastructure problems, including the following:

• A lack of bicycle infrastructure on major streets with parked cars on the sides of the roads
• Placement of bicycle lanes on major streets that have parked cars on the sides of the roads
• Placement of bicycle lanes on major streets that do not have parked cars
• A lack of bicycle infrastructure on major streets without parked cars
• A lack of bicycle infrastructure on residential and local streets
• Shared bicycle and pedestrian paths
• Bicycle crashes on pedestrian paths and sidewalks

Los Angeles has all of the infrastructure problems that were identified by the researchers in the Canadian study. There are very few bicycle lanes. When the city adds them, they tend to place them on major streets where the bicyclists are forced to share the roads with motorists. Many local streets do not have any bicycle infrastructure at all, and many paths that do exist are shared by pedestrians and bicyclists. When bicycle lanes are placed on major streets that have cars parked along the sides of the road, the bicyclists face risks from the motorists on either side of them. In addition to dangers from vehicles that are traveling next to them, the cyclists also face dangers from motorists who open their car doors to exit their cars on their other sides.

In response to the problems, Los Angeles has issued two different documents. In the 2010 Bicycle Plan, the city outlined an ambitious program to build a connected bicycle infrastructure in the city.[5] The plan said that the city would build 200 miles worth of connected bicycle infrastructure every five years. The second document came in 2017 with the Vision Zero Action Plan.[6] This plan identified the most dangerous roads in Los Angeles and made plans to improve them. However, little has been done by the city to implement the promises from either of these two plans. In 2017, the city’s plan to install bicycle lanes in Playa del Rey was scrapped when the public flooded social media to protest it. Since then, bicycle infrastructure plans have ground to a halt.

Poor road maintenance

Another major problem in Los Angeles that has contributed to cyclist accidents and fatalities is the state of the roads. The city covers more than 500 square miles and has thousands of roads. Even when it receives reports of defects and problems, it is slow to act to fix them. The city pays out millions of dollars in judgments awarded to cyclists and their families who have been injured or killed because of poorly maintained roads. Accidents that have occurred include a fatality when a man swerved to avoid landslide debris on the Pacific Coast Highway that the city’s sweepers had failed to clean up and an accident in which a man died when he hit an area of pavement that had buckled up because of tree roots growing underneath it.

Instead of spending millions on judgments and settlements each year, the city should turn its attention to fixing the road defects that cause cyclist injuries and deaths. However, like the bicycle infrastructure plans, it does not appear that the city is trying to improve the conditions of the roads in the city.

Failures to act

The failure to implement the Bicycle Plan or the Vision Zero Action Plan points to a failure of the city’s politicians to act to make the streets safer for bicyclists. As the Playa del Rey example shows, the city quickly buckled to pressure from motorists when it attempted to add bicycle lanes. Since that time, the city has done little to improve the safety of bicyclists, and more deaths happen each year.

Get help from Steven M. Sweat Personal Injury Lawyers APC

It is unfortunate that so many bicyclists are seriously injured or killed in Los Angeles every year. While the problems that contribute to these accidents are clear, little is being done to address them. If you have been injured in a bicycle accident or have lost a loved one, you may be able to hold the people and entities that caused the accident accountable for their actions. The experienced bicycle accident attorneys at the law firm of Steven M. Sweat Personal Injury Lawyers represent bicyclists and families that have suffered losses because of the negligent actions of motorists and the city. Contact us today to schedule a free consultation to learn more about your potential claim by calling 310.592.0445.

Sources

[1] https://www.bicycling.com/culture/a23566413/los-angeles-is-the-worst-bike-city-in-america/

[2] https://la.streetsblog.org/2018/04/11/22-year-old-killed-in-hit-and-run-at-manchesternormandie-driver-plows-through-mourners-corking-intersection-to-protest-death/

[3] https://www.victimslawyer.com/blog/los-angeles-still-deadly-for-cyclists/

[4] https://www.victimslawyer.com/blog/why-are-there-so-many-bicycle-accident-in-urban-areas-like-los-angeles/

[5] https://planning.lacity.org/cwd/gnlpln/transelt/NewBikePlan/Txt/LA%20CITY%20BICYCLE%20PLAN.pdf

Why do urban areas like Los Angeles CA have so many bicycle accidents? While there has been a large push in cities around the world to encourage cycling, some major urban areas, including Los Angeles, have entrenched safety problems for cyclists. In 2018, Bicycling Magazine named Los Angeles as the worst city in the U.S. for bicyclists and reported that Los Angeles County had more cyclist deaths than all but three states as a whole during the three years from 2014 to 2016. While the city has engaged in efforts to reduce bicycle and other traffic fatalities, the data demonstrates that more needs to be done.

The problem of bicycle fatalities in Los Angeles

Los Angeles has attempted to address the problems of bicycle safety by devoting additional funds to safety projects such as road diets. Despite these efforts, however, cycling fatalities have increased. In 2018, for example, preliminary data for Los Angeles shows that 21 cyclists were killed in accidents with motor vehicles, which was an increase from the 17 who were killed in 2015 at the beginning of the Vision Zero initiative.

Efforts to improve bicycle safety through the Vision Zero initiative

In reaction to the high traffic fatality rate in Los Angeles, Mayor Eric Garcetti announced the city’s Vision Zero initiative in 2015. The initiative is based on a similar one in Sweden and aims to reduce traffic deaths in LA to zero by 2025. The city notes that almost half of the 200 traffic fatalities that happen in Los Angeles each year are pedestrian and bicyclist fatalities. As a result, the city has added bicycle lanes to some streets and increased its funding of safety projects. Despite these efforts, the number of bicycle fatalities has increased since the implementation of the initiative rather than decreasing, leading to questions about why this has occurred. Some explanations can be gleaned from a study that was published in the BMC Public Health journal in 2014.

The study on bicycling crash circumstances

In the study “Bicycling crash circumstances vary by route type: A cross-sectional analysis,” the researchers looked at 690 bicycle crashes that occurred in Vancouver, B.C., and Toronto, Ontario that were serious enough for the injured cyclists to seek treatment at the emergency departments of their local hospitals. The researchers were interested in looking at the accidents in terms of their route type and other infrastructure factors.

Participants in the study answered questions in structured interviews about their crashes, including information about what happened, whether the accident involved a collision with a motor vehicle or another object, and the specific type of object or vehicle with which the cyclist collided.

The authors were able to identify several infrastructure features that were associated with a higher crash risk, including the following:

• Not having bicycle infrastructure on major streets with parked cars
• Bike lanes on major streets with parked cars
• Not having bicycle infrastructure on major streets without parked cars
• Bike lanes on major streets without parked cars
• No bicycle infrastructure on local, primarily residential streets
• Accidents on sidewalks and pedestrian paths
• Shared pedestrian and bicycle routes

A big issue that the authors identified was having no bicycle infrastructure on major streets with cars parked alongside the roads. Out of the different route types where accidents occurred, the most frequently occurring type were collisions with motor vehicles or falls to avoid collisions with motor vehicles on these types of streets that had parked vehicles and no bicycle infrastructure. There were almost no motor vehicle collisions with bicycles on bicycle routes that were separated from traffic.

All of the routes that included cars parked on the sides of the roads had accidents involving doors. Dooring incidents were especially pronounced on routes that had cars parked on the sides of the streets and that had no bicycle infrastructure. Collisions with trains and streetcars were also more frequent on major roads with no bicycle infrastructure. Interestingly, residential streets that had traffic calming features also had a higher number of bicycle accidents involving motor vehicles and falls to avoid collisions than the authors had anticipated. The researchers also found that there were a greater number of collisions with infrastructure, animals, cyclists, and pedestrians on paved bicycle paths and shared-use pedestrian and cycling paths than the authors had expected.

The authors compared their findings with data from other countries, including Sweden, the Netherlands, Australia, and South Korea. They noted that these countries have more bicycle infrastructure than the U.S. and Canada, and they also have separated bicycle routes to keep bicyclists separated from motor vehicles. The authors noted that 27% of the bicycle accidents that occur in the U.S. involve direct collisions with motor vehicles. By contrast, Sweden, which has separate bicycle routes away from the streets, only has 9% of bicycle accidents that involve direct collisions with motor vehicles. These results help to explain why Los Angeles has failed to see a reduction in bicycle fatalities despite adding bicycle paths.

Issues with Los Angeles’s bicycle infrastructure

The Los Angeles Department of Transportation has been increasing the number of bicycle paths in the city, including along some roads that have been identified as a part of the Vision Zero’s high injury network. However, the addition of these paths has done little to curb the bicycle accident rates. A major issue is that few bicycle routes are separated from traffic. Los Angeles has a substantial amount of motor vehicle traffic on its congested roads, and some of the bicycle paths that have been added involve road diets.

Road diets involve adding paths on existing roads, which leaves less room for the vehicles on those streets. Los Angeles also has many heavily trafficked surface streets on which cars are allowed to park on the sides. Cars parked on the sides of the roads lead to dooring accidents with bicycles when people open their doors to get out of their cars. When a bicycle lane is painted in between a row of parked cars and the traffic lanes, the bicyclists must contend with risks from dooring accidents as well as risks from driving in close proximity to motor vehicles in the traffic lanes beside them.

Critics argue that Los Angeles should separate bicycle routes from traffic and include lanes on side streets instead of on major thoroughfares to reduce the risks. Another problem is that Los Angeles has attempted to increase urban railways. As the study in Canada demonstrated, accidents between cyclists and trains will likely increase when the urban railway use increases unless Los Angeles adds infrastructure to separate the bicyclists from the paths of the trains.

Because of the sheer size of Los Angeles, the city government is large and can be inefficient in its maintenance of safe conditions on the city’s streets, paths, and sidewalks. This can lead to bicycle accidents when cyclists have accidents caused by road or sidewalk defects such as broken asphalt and potholes.

Contact the injury lawyers at Steven M. Sweat, APC

Los Angeles needs to take a second look at the city’s plans for improving bicycle safety. The city might want to add separate routes for bicycles instead of trying to incorporate bicycle paths on the city’s overly congested thoroughfares. People who are seriously injured in bicycle accidents because of infrastructure problems might want to consult with a personal injury attorney at the law firm of Steven M. Sweat, APC. Contact us today by calling 310-592-0445.

People who lose loved ones in accidents that are caused by the negligence of others have the right to file wrongful death lawsuits against the responsible parties. When they are unable to reach a settlement agreement, they can go to jury trials. In Hernandez v. First Student, Inc., Cal. Ct. App. Case No. B281161, the parents of a 13-year-old boy who was killed while riding his bicycle went to trial. However, they did not secure the outcome that they wanted and filed an appeal. The case demonstrates the importance of making timely objections during a trial to preserve the record on appeal. If an attorney fails to make objections at the proper time, the arguments may be forfeited on appeal.

Factual and procedural background

On May 2, 2013, 13-year-old Jonathan Hernandez was riding his bicycle on a sidewalk. He entered into the street without stopping, and he was struck by a school bus. The bus was being driven by Barbara Calderon and was owned by First Student. At the time, Calderon was returning the bus to the school after completing her route. Michael Kennedy was an aide who was also on the school bus at the time.

Calderon testified that she could see Jonathan riding on the sidewalk but did not see him veer into the street. She felt the bus hit something and applied the brakes. Kennedy reportedly put the bus into park after the accident. Jonathan was killed. A responding officer believed that Calderon was impaired and asked for testing. A drug recognition expert went to the hospital to evaluate her and stated that she failed the tests. A blood test revealed that she had benzodiazepines in her bloodstream.

At the trial, the jury heard evidence that Jonathan’s mother regularly used methamphetamines, but she testified that she did not use them in front of Jonathan. They also heard that Jonathan’s father had little to do with him and lived in a different state. The jury was presented with video clips of the depositions of both of Jonathan’s parents, and the deposition of his mother was taken while she was in prison. Jonathan’s mother also revealed that she had been taken into custody on an immigration hold.

After both sides rested, the jury deliberated before returning with its verdict. It found that both Jonathan and Calderon were at fault in the accident and attributed 80% of the blame to Jonathan. The jury awarded damages of $250,000 to Jonathan’s parents. They appealed, alleging the court made multiple errors in allowing certain types of testimony and abused its discretion in allowing testimony about Hernandez’s use of methamphetamines among others.

Issue: Whether the court abused its discretion by allowing testimony about Hernandez’s use of methamphetamines, by allowing a retired police officer to testify as an expert about Calderon’s impairment from her medications, and by refusing to grant a motion for a new trial?

The appellants made multiple arguments in an appeal brief that the court termed to be voluminous. They alleged that the court abused its discretion in several ways, including by allowing the defense to raise the issue of Hernandez’s methamphetamines abuse, allowing a retired police officer to be called by the defense to testify as an expert about Calderon’s level of impairment, and by refusing to grant the appellants’ motion for a new trial. The court found that the appellants had forfeited their arguments in many instances because they had failed to make timely objections during the trial or were attempting to raise novel arguments for the first time on appeal rather than at trial. It agreed to consider a limited number of arguments, including whether the court abused its discretion.

Rule: On appeal, the appellants must cite to the record to support their arguments.

When plaintiffs appeal following a jury trial, they are required to submit legal citations and to cite to the record in support of the arguments that they make. In the Hernandez case, the appeals court found that the appellants failed to cite to the record or to include legal citations to support most of their arguments. The court also noted that appellants who claim that the court abused its discretion must make claims that are cognizable.

Analysis

The court reviewed the appellants’ argument that allowing testimony about Hernandez’s use of methamphetamines amounted to an abuse of discretion. The appeals court stated that the testimony was allowed so that the jury could assess the relationship that Jonathan had with his parents to help them to assess the noneconomic losses that they suffered from his death. The trial court judge instructed the jury that it could only consider the drug use by the mother to evaluate the quality of the relationship rather than for any other purpose. The Court of Appeals found that it was not an abuse of discretion since the court provided this instruction and since it was relevant for establishing the relationship that Hernandez had with her son.

The court next reviewed the appellants’ argument that allowing the testimony of a retired police officer about Calderon’s impairment was an abuse of discretion. The appellants argued that the officer only had a high school diploma and was not qualified to testify about the impairing effects of benzodiazepines. The appeals court found that while the officer was not certified in California, he had worked as a police officer for 25 years in Florida. The officer testified that he relied on national training standards to give his opinion about whether Calderon was impaired at the time of the accident. Finally, the court reviewed the argument that the trial court erred in failing to grant a new trial. The appeals court found there was no abuse of discretion.

Conclusion

The appeals court affirmed the trial court’s ruling, meaning that the plaintiffs’ award of $250,000, which would be reduced by Jonathan’s comparative negligence of 80%, would stand.

Contact an experienced Los Angeles accident lawyer

When people take personal injury cases to trial, it is important that they work with experienced injury attorneys. If a trial lawyer fails to make timely objections or to properly raise arguments on appeal, the ultimate recovery could be harmed. Contact Steven M. Sweat APC today for a consultation about your potential injury claim.

Sources

https://law.justia.com/cases/california/court-of-appeal/2019/b281161.html?utm_source=summary-newsletters&utm_medium=email&utm_campaign=2019-07-12-personal-injury-9ac3b59bff&utm_content=text-case-read-more-7

https://www.victimslawyer.com/child-bike-accident-attorney-in-los-angeles.html

Cycling is a great way for people to exercise, enjoy some scenery or commute to their jobs in California. More Californians are turning to bicycles as an alternative form of transportation because of a desire to help to protect the environment while enjoying the health benefits of cycling. When bicycle riders share the roads with motor vehicles, they have a higher risk of suffering serious injuries or being killed in accidents because they have little protection from the forces of collisions.

Wearing bicycle helmets every time that cyclists ride their bicycles can help to protect them from severe injuries when they are thrown from their bicycles or struck in the head in accidents. Unfortunately, however, cyclists must be careful when they purchase bicycle helmets. According to a report in NPR, counterfeit bicycle helmets that do not meet U.S. safety standards are flooding the market via the internet.

Why counterfeit helmets are dangerous

NPR reports that counterfeit helmets do not meet the rigorous safety standards for bicycle helmets that are outlined by the U.S. Consumer Product Safety Commission. The helmets are made to look like helmets from companies such as Specialized Bicycles that do meet or exceed the safety standards but do not have important safety features. The counterfeit helmets are made out of cheaper, rigid plastic and have thinner cushioning on the interior. They also do not have the protective fiber skeletons inside of them that help to keep the helmets from breaking when people hit their heads.

In one test that was performed by Specialized Bicycles on an authentic Specialized Evade II helmet and a counterfeit version, the counterfeit helmet failed crucial tests. When the counterfeit helmet was put on the head of a dummy and the strap was pulled, the helmet came off. To protect cyclists in accidents, the strap should remain in place and should not be able to be pulled to remove the helmet. In another dramatic test, the counterfeit helmet was strapped to a machine before it was lifted up five feet and then smashed down onto an anvil. While the authentic helmet did not break, the counterfeit helmet broke in half. Specialized Bicycles stated that a cyclist who hit his or her head in an accident while wearing the counterfeit helmet would likely have suffered a skull fracture, a traumatic brain injury, or death.

Extent of the problem

The rise of e-commerce sites has led to a large influx of counterfeit products. The Intellectual Property Rights Coordination Center, an umbrella agency of the Department of Homeland Security that coordinates the work of 23 different investigative agencies, is tasked with prosecuting companies that sell counterfeit goods, including helmets. A spokesperson stated that Customs is seizing an average of double the number of counterfeit goods than it did a decade ago because of the rise of e-commerce. The spokesperson reported that 90 percent of the counterfeit goods that were seized in 2017 arrived by international mail or as express shipments from overseas.

Specialized Bicycles employs a team of 14 people who monitor 85 different e-commerce websites for counterfeit bicycle helmets. One team member noted that there were more than 34,000 listings for helmets from Chinese companies on eBay. The company reports that when it identifies counterfeit helmet listings, it notifies the e-commerce sites. The sites take down the listings when they learn that they are for counterfeit goods.

Some bad actors simply open new accounts and begin listing their counterfeit helmets again. Specialized Bicycle states that it takes repeat violators to court and has been able to recover millions of dollars by doing so. The company reportedly worked with Chinese authorities last year to close down four facilities that were manufacturing counterfeit helmets in China.

How to tell if a helmet is authentic or a counterfeit

There are several ways that you can identify a helmet that is a counterfeit. While it might look like an authentic helmet on the exterior, there are several differences. Counterfeit helmets weigh less than authentic helmets because of the cheaper construction. They might have logos that purport that the helmets meet European standards, but they will not have the certification stickers that they meet the standards of the U.S. Consumer Product Safety Commission. Counterfeit helmets are often priced significantly below the price of authentic helmets. If you see a helmet that is advertised for a much lower price than other listings for authentic helmets, it is likely a counterfeit. Finally, many of the listings for counterfeits originate in Asia.

Bicycle helmet laws in California

Under Cal. Veh. Code § 21212(a), all people who are under the age of 18 are required to wear bicycle helmets when they ride skateboards, bicycles, roller skates, inline skates or non-motorized scooters on streets, bicycle paths, or public trails. The helmets must meet the standards of the USPSC or the American Society for Testing and Materials. If cyclists are caught without helmets or with helmets that do not comply with the legal standards, they may face fines of $25. The parents of children who ride bicycles without helmets are responsible for paying their fines.

People who are over the age of 18 are not required to wear bicycle helmets. However, it is important that cyclists always wear helmets that meet the safety standards as well as other safety gear when they ride. Wearing helmets can help to protect against catastrophic injuries when cyclists are struck by cars.

Injuries in accidents when counterfeit helmets are worn

Cyclists who are struck by cars may suffer many different serious injuries, including fractures, abrasions, road rash, and others. When they wear authentic helmets, their heads may be protected from more severe injuries. Cyclists who wear counterfeit helmets have little to protect their heads. If they are thrown from their bicycles and hit their heads on the pavement, the helmets may break. The cyclists may then suffer skull fractures or traumatic brain injuries, or they may be killed.

As we have previously noted, people who suffer brain injuries in accidents may face lifelong disabilities that require round-the-clock care. Their injuries may permanently reduce their ability to enjoy life and to earn incomes. Each year, more than 50,000 people in the U.S. die after they suffer traumatic brain injuries. Wearing authentic bicycle helmets can help to prevent cyclists from suffering these types of injuries when they are struck by cars.

Contact an experienced brain injury lawyer in Los Angeles

If you or your loved one has suffered a brain injury after a bicycle helmet failure in an accident, you may have legal rights. Meeting with an experienced Los Angeles attorney may help you to identify all of the potential defendants so that you might recover compensation to pay for your losses. Contact the Law Offices of Steven M. Sweat today to schedule a consultation so that you can learn about your potential claim.

Sources

[1] https://www.npr.org/2018/09/16/647377213/fake-bike-helmets-cheap-but-dangerous [2] https://www.iprcenter.gov/ [3] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21212.&lawCode=VEH [4] [2] https://www.victimslawyer.com/brain-injury.html

Despite Mayor Eric Garcetti’s ambitious Vision Zero program, which he launched in August 2015 in a drive to reduce traffic fatalities to zero by the year 2025, bicycle and pedestrian fatalities in Los Angeles have increased. In 2017, 245 people were killed in traffic accidents in the city, and 60 percent of the people who died were walking or riding bicycles at the time of their collisions. This was almost twice the number of people who were killed in traffic accidents in the city in 2016, underscoring the need for further attention. A group of cyclists has become politically active in an effort to get better safety measures in place.

Frederick Frazier accident

In April 2018, Frederick Frazier, a 22-year-old man, went for a ride on his bicycle. Frazier turned onto the far right-hand side of Manchester Boulevard. He was riding his bicycle between the cars that were parked along the right side of the road and the traffic when a white Porsche sped up behind him. Instead of slowing, the Porsche increased its speed behind him as was revealed by a video of the traffic. The Porsche struck Frazier and his bicycle hard enough that the force of the crash broke his bicycle in half. The Porsche’s driver did not stop and instead drove away, leaving Frazier to die in the street. Frazier’s hit-and-run accident was the first one of four that would occur over the next six days. It also was the type of bicycle collision that we have previously highlighted as being among the most dangerous. Cyclists are often struck when they turn right onto busy surface roads such as Manchester.

Bicycle hit-and-runs a serious problem in L.A.

As we have previously written, hit-and-run accidents with cyclists have dramatically increased over the past decade. The Los Angeles Times reported that these types of accidents increased by 42 percent. Hit-and-run accidents are especially problematic since more than 80 percent are not solved by the authorities. In Frazier’s case, the security video from a nearby building led to the driver’s identification and arrest. Authorities are considering filing charges of involuntary manslaughter against the driver.

Another hit-and-run accident at demonstration

Following Frazier’s death, a group of bicyclists gathered for a memorial in Frazier’s honor 24 hours after his accident. During the memorial, the cyclists blocked traffic briefly in protest. Several motorists became angry at the cyclists, and a woman drove through the crowd. She struck a cyclist named Quatrell Stallings, seriously injuring him. Stallings was a friend of Frazier’s, and similar to the driver who struck Frazier, the woman who hit Stallings sped away. In June, the Los Angeles Police Department announced that it had located the woman and had arrested her. She is now facing charges of attempted murder.

Accidents highlight multiple problems

The cyclists agree that the motorists are not the only parties who are to blame for the numerous accidents involving cyclists. They also point to the inaction of members of the city council. There are plenty of funds available to create new bicycle lanes following the passage of a 1/2 cent sales tax in 2016 with funds that were earmarked for improvements for cycling and walking. Despite the availability of funds, the city has only installed 7 miles of bicycle lanes and have torn up some of the lanes that have been installed in response to pressure from motorists.

New York has a similar Vision Zero program in place and has seen a marked decrease in the number of fatalities since its implementation. Unlike Los Angeles, however, New York has a strong mayoral system that allows the mayor to overrule actions by individual city council members. In Los Angeles, the councilmen each serve as rulers of their own areas, and they can only be overruled by a vote of the entire council. The council members are reticent to overrule the votes of other council members because of worries that they will be voted down themselves.

City built for cars

Los Angeles is a city built for cars. Little thought has been given to the needs of bicyclists and pedestrians. The infrastructure has instead been built in such a way as to facilitate the quick movement of large volumes of traffic. The cyclists have formed multiple political advocacy groups in a push to get the city to install more bicycle lanes and to reduce the speed limits so that motorists will be forced to drive more slowly.

Bicyclist rights

Another part of the problem is the unawareness that many motorists have about the rights of cyclists. As we have pointed out in the past, cyclists have just as many rights to use the streets as do motorists under CVC 21200. Motorists who do not understand this may grow frustrated when they have to share the roads with cyclists and may drive aggressively around them, causing accidents to happen.

It is important for motorists and cyclists to understand the laws that apply to them and the duties that they both have when they share the road. We have compiled a list of the 10 most important laws that cyclists should know so that they can be safer when they are riding on the roads in areas without bicycle lanes.

What to do after a bicycle accident in L.A.

If you are struck by a motor vehicle while riding a bicycle in Los Angeles, there are several things that we advise you to do. If you can, try to take a photograph of the vehicle that hit you with the license plate in the picture. This can help to track the driver down if he or she leaves the scene of the accident. You should also try to get the names and contact information of any witnesses, and call the police. After the police arrive, you should get examined by your doctor for injuries even if you are uncertain whether or not you have been injured. Finally, you might benefit by talking to an experienced bicycle accident lawyer in Los Angeles at the Law Offices of Steven M. Sweat. Call us today to learn more about the rights of cyclists and your potential ability to recover damages in your own claim.

Sources

https://www.outsideonline.com/2313301/would-you-ride-bike-los-angeles https://www.victimslawyer.com/no-stop-or-yield-right-hand-turn-deadly-for-bikes-and-pedestrian.html https://www.victimslawyer.com/bicycle-hit-and-run-claims-in-los-angeles.html https://www.victimslawyer.com/bicycle-accidents.html https://www.victimslawyer.com/what-are-the-top-10-most-important-california-laws-for-bicycle-r.html

Do mandatory bike helmet laws reduce injuries? When bicyclists are involved in accidents in California, they are much likelier to suffer from severe brain trauma and head injuries than are motor vehicle occupants. Without helmets, cyclists do not have protection from the environment around them when they strike their heads in accidents. This leaves them with a greater risk of suffering from serious injuries or dying in collisions with motor vehicles.

While California has a law mandating that bicyclists under a certain age wear helmets whenever they ride bicycles, it does not mandate that adult cyclists wear helmets. There are proponents and opponents of mandatory bicycle helmet legislation, and both sides have a number of valid points to consider. Regardless of what the law is, bicycle helmets are important safety equipment that Los Angeles personal injury attorneys believe that all cyclists should use every time that they ride their bicycles. Helmets provide the remaining line of defense to suffering from serious brain injuries when people are struck by vehicles or when they have other types of cycling accidents.

California’s bicycle helmet law

Under California Vehicle Code 21212(a), bicyclists in the state who are under the age of 18 must wear bicycle helmets when they are riding bicycles on bicycle paths or trails. They must also use them on all public roadways in the state. The helmets must meet the safety standards that are outlined by the United States Consumer Product Safety Commission or the American Society for Testing and Materials.In addition to bicyclists, minors who ride bicycles while sitting in attached trailers or restraining seats must also wear helmets. Riders who are over the age of majority are not required to wear helmets in California, however. There are arguments against passing legislation to mandate helmet use by bicyclists regardless of their ages as well as for passing such legislation. (NOTE: For a more complete discussion of these and other important laws related to cycling in California, click here).

Arguments against mandating helmet use for riders of all ages

People who are against mandatory bicycle helmet laws point to several different factors. They argue that mandating helmet use decreases the number of people who ride bicycles. They also argue that mandatory helmet laws decrease participation in various public bike-share programs because people would need to carry helmets around with them in order to ride. Another problem that has been identified by opponents of mandatory helmet legislation is that when such laws are passed, the perception of cycling becomes that it is an inherently dangerous activity. One study found that mandatory helmet use laws discourage bicyclists who are safer riders from riding while those who are likelier to take risks may ride.

Arguments for mandatory bicycle helmet laws for riders of all ages

Proponents of mandatory bicycle helmet laws argue that helmet use increases safety and reduces the risk of injuries. Bicyclists who are hit by motorists have a higher risk of suffering traumatic brain injuries than do people who are occupying motor vehicles. Helmets operate as a last line of defense against injuries. While they may not reduce the incidence of accidents, bicycle helmets do reduce the risk of severe head trauma when an accident occurs. A 1989 study that was completed by researchers at the Harborview Injury Prevention Center showed an 85 percent reduction in injuries with helmet use, but that study has since been found to have been flawed. A later study that was conducted in 2009 found that cyclists who wear helmets have a reduction in their risk of suffering severe head injuries and trauma of 68 to 88 percent.

According to the Insurance Institute for Highway Safety, head injuries are the leading cause of severe injuries to bicyclists who are involved in accidents. The organization found that wearing helmets reduces the risk of suffering from head injuries by more than 50 percent. The IIHS reports that 720 bicyclists were killed in accidents in 2014. Of that number, 429 were not wearing helmets at the time of their accidents, accounting for 60 percent of the fatalities that occurred during that year.

Contact a bicycle accident attorney

Even though the law in California does not mandate that older bicyclists wear helmets, it is smart for people to choose to do so. If they are hit by vehicles or are otherwise involved in bicycle accidents, their helmets may protect them from suffering severe brain trauma and potentially debilitating, lifelong conditions. If you have been seriously injured in a bicycle collision through no fault of your own, you may need to get the help of an experienced personal injury attorney. A lawyer may help to explain the rights that you have in your case, and if he or she agrees to represent you, he or she may advocate for you to recover the maximum amount of compensation to fairly cover all of your losses.

Sources: http://www.sciencedirect.com/science/article/pii/S1369847812000587 http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=21212. https://www.washingtonpost.com/national/health-science/do-bike-helmet-laws-really-save-people/2013/06/03/6a6532b4-c6df-11e2-9245-773c0123c027_story.html?utm_term=.895d43f271f6 http://www.helmets.org/stats.htm