A car was going westbound on a major street and the bicycle was going east on the same street. The car makes a left turn on a green light and strikes the bike rider. The accident occurred at about midnight. The bicyclist had a functioning front and rear reflector. Who is at fault and what are the issues, if any.
California law requires a front facing light when operating a bicycle when it is dark outside.
California Vehicle Code section: 21201(d) “A bicycle operated during darkness… shall be equipped with all of the following:
(1) A lamp emitting a white light that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle.
(2) A red reflector on the rear that shall be visible from a distance of 500 feet to the rear…
We also know the California law requires cars to yield to other traffic before making a left turn:
California Vehicle Code Secion 21801(a) The driver of a vehicle intending to turn to the left… shall yield the right-of-way to all…
If you were the bicycle rider, an insurance company for the auto might be quick to “deny” your claim simply because you didn’t have a solid front facing light.
Is that right?
Bicycle reflectors are made specifically for cars to see you at night! We have won cases where the insurance company tries to pull a quick one like this.
Representation by a bicycle accident lawyer that has specific experience with bicycle accident cases is a must!
If you or someone you know has been involved in any type of bicycle accident, contact the Friedman Law Offices today!
Personal Injury Lawyer – Bicycle Accident Lawyer
Bicycle Safety Tips: http://www.chp.ca.gov/html/bicycleriding.html