When someone driving a car collides with a bicyclist, determining who was at fault for causing the accident is not always straightforward. When determining who is at fault if a car hits a bicycle, the circumstances of each incident must first be considered. Who had the right of way, what traffic laws are in play, and how the accident occurred all matter.

Because California believes both parties share responsibility for the road, accountability can fall on either side. It’s important to connect with Sacramento bicycle accident attorneys when this happens to better understand who could be at fault for the accident.

Understanding Shared Responsibility on the Road

Cyclists are granted the same rights and responsibilities as drivers of motor vehicles. This was made legally clear under California Vehicle Code 21200.

This means that:

• All cyclists must stop at red lights and stop signs.
• They must ride in the same direction that traffic is going, not against it.
• They are required to yield to both pedestrians and vehicles in crosswalks.
• Motorists must treat bicycles as legitimate vehicles, yielding when appropriate and avoiding any instances of unsafe passing.

This shared expectation of responsibility can make determining fault a little more complicated. During an investigation, both sides are typically trying to identify if either party violated any traffic laws or acted negligently as a starting point.

Key Factors That Influence Who Is at Fault

In many collisions between a vehicle and a bicycle, the specific actions of both the driver and cyclist will be closely analyzed by the courts and each party’s attorney.
Some key factors that can determine who is at fault include:

• Right-of-way violations. If a driver turns into a bicyclist’s path or a cyclist runs a stop sign, either could be at fault after investigating the details of who had the right of way.
• Distracted or impaired driving. A driver texting or under the influence may be held fully responsible for what happened.
• Cyclist behavior. If the cyclist was not using proper lighting at night or swerved without first signaling where they were trying to move, that could impact fault.
• Road conditions and locations. Conditions on nonpublic roadways, which are less likely to be formally reported, may complicate investigations and insurance claims due to a lack of official records.

The Importance of Evidence

To successfully establish who was at fault in these scenarios, the outcome will rely heavily on the available evidence. Whether you are a cyclist or a driver, documenting every detail you can from the incident scene is essential.

For instance:

• Take photos or videos of the accident location, damage to either the vehicle or bike, and if there are any visible injuries to either party.
• Obtain contact information from any nearby witnesses.
• Request a copy of the police report if one has been filed.
• Keep all medical records as you receive care after the incident.

Unfortunately, not all crashes are documented. The California Department of Public Health warns that many bicycle crashes on nonpublic roads never make it into the state’s official statistics. When this happens, the lack of evidence makes it even more difficult to pursue. This could leave accident victims to manage their damages without the option to pursue fault and compensation.

Bicycle Accidents Are on the Rise

As biking grows in popularity across California, so does the risk of these serious collisions. In 2022, California reported 177 bicyclist fatalities. This was a 32.1% increase from 2021.

Several factors that may be contributing to this rise include:

• Distracted driving and cycling have become more common.
• Many communities still lack adequate bike lanes and protected intersections.
• Speeding and aggressive driving behavior remain an ongoing concern.

The rise in statistics makes it clear that both motorists and cyclists must take greater responsibility for their time on the road and for staying safe. Drivers need to constantly check their blind spots, give cyclists enough space when passing, and never assume that someone on a bike will yield the right-of-way. Cyclists should be using lights, wearing helmets, and ensuring they are following all traffic laws as well.

FAQs

Q: What Happens if You Hit a Cyclist With Your Car?

A: If you hit a cyclist with your car, you may be held legally responsible. This depends on who was at fault for causing the accident. Law enforcement will likely conduct an investigation to determine if any laws were violated. If you were found to be at fault, you could face civil liabilities for the cyclist’s injuries, property damage, and any other losses. Be sure you stay at the scene, cooperate with the local authorities, and contact your insurance provider.

Q: Does Car Insurance Cover You on a Bike?

A: Car insurance may offer some type of coverage if you are riding a bike and have been hit by a car, but it typically depends on the type of coverage you have. If you are a cyclist, the driver’s liability insurance could help pay for your injuries and damages if they are found at fault. If you’re the driver and have comprehensive collision coverage, it may help with some of your own damages.

Q: Do You Always Need to Call the Police After a Bike Accident?

A: It’s highly recommended to call the police after any accident, whether it involves a bike or not. This is especially true if it’s clear there has been significant damage made to either party’s vehicle, or they have been personally injured. Having a police report that details the scene of the incident will be a helpful official record. This can be a great piece of evidence to use later for insurance claims or legal proceedings.

Q: Can You Sue After a Car Hits You on a Bike?

A: Yes, if you are a cyclist who has been hit by a car and believe the driver was at fault, you may have grounds to file a lawsuit against the driver. This would be in an effort to compensate you for your injuries, lost wages, and any other damages. Your attorney will also help guide you through the entire process to ensure you don’t miss any critical deadlines or leave extra money on the table that could be yours.

Contact Guenard & Bozarth, LLP Today

If you have recently been injured in a car/bike accident, contact our firm today. Guenard & Bozarth, LLP, understands exactly what to look for when proving fault in these accidents and would be honored to help ensure you receive every last dollar to which you are entitled under California law.