What if the Bicycle Accident Occurred in a Crosswalk or Intersection?

When a bicycle accident occurs, the details of where the rider was, where the car was, and what occurred can impact a victim’s ability to recover damages. In situations where a bicycle accident occurs in an intersection or a crosswalk, the details will determine who is responsible for the losses suffered.

Because of the complexity of cases like this, it is critical that you have a California bicycle accident lawyer from Triumph Law, P.C., working by your side to protect your right to compensation.

Who Is Responsible for a Bicycle Accident that Occurs at an Intersection?

Most bike riders spend a small amount of their time crossing intersections, but these are some of the most dangerous areas for riders when vehicles are not paying attention. In some situations, the vehicle that strikes the bicyclists is responsible for the injuries they cause, but this depends on the circumstances of the situation. Some of the most common reasons for bicycle accidents at intersections include:

• The car did not slow down soon enough.
• The driver of the vehicle was not paying attention and did not see the bike rider.
• The bicyclist was in the intersection when the vehicle had the right of way.
• A car was turning, and the person on the bike who had already entered the intersection was not seen.
• The weather conditions and even bright sunlight made it hard for one to see the other.

The evidence in these situations ultimately determines who is responsible for the losses that occurred. If the bike rider was not where they should be and the driver had no time to stop or prevent the injury, there may be some question of their responsibility. In other cases, the driver is fully at fault for not seeing the bike rider because they were on their phone or speeding.

Issues of Right of Way

One of the most common questions in a situation like this is who has the right of way, the bike rider or the vehicle. In most situations, a bike is considered a vehicle, which means it must abide by all of the same rules that any other driver operates by, including how to move through intersections. This does not mean that a car driver can just strike a person on a bike, but it can play a role in liability.

Like all motorists, cyclists must meet the obligations of operating in a safe manner on the road, and that includes at crosswalks and intersections. The right of way is dependent directly on the rules of that roadway. If both vehicles come to a stop at an intersection at the same time, the one on the right has the right of way.

If there is a traffic signal, both vehicles must abide by it. The complication comes when the signal does not detect the bike and does not turn for the bike rider. In this situation, the cyclist must wait until it is safe to cross the road at the intersection before moving on.

Can a Cyclist Ride a Bike in a Crosswalk?

The general rule is that cyclists must abide by the same rules that are in place for vehicles, which means they should level crosswalks free and clear for pedestrians. It is not legal in most cities to ride in a crosswalk. In the ideal situation, the cyclist who is crossing at a crosswalk must dismount from their bike and walk it across the street.

There are times when a cyclist may not be able to seek compensation for their losses if they were operating a bike illegally. This will get pushback from the insurance company from the driver. That does not mean a serious accident in a crosswalk between a vehicle driver and a bike rider will automatically eliminate any liability for the motorist.

In situations where the driver is operating the vehicle in an unsafe manner, such as running a red light or entering a crosswalk at a stop signal, another added level of risk is created. In these situations, the driver could be partially at fault. In California, where comparative negligence exists, they may be held responsible for some percentage of the risk.

What Is Comparative Negligence in California?

Comparative negligence means that both parties had some role in the accident and are partially at fault. The police officer at the scene will work to determine who is mostly at fault. Under the state’s laws, those who have some level of fault will see their liability claim reduced by the percentage of fault they maintain.

How a Bicycle Accident Attorney Help You

The complexity of bike-vs-car accidents, especially those occurring in intersections or crosswalks, makes it imperative that you work with a bicyclist accident attorney. Our attorneys will provide you with insight into how to get compensation based on the specifics of your situation. There are multiple ways we can help you:

• Gather evidence to prove you were not at fault. When this is possible, it is critical to have this data to support your claim.
• Negotiate with insurance companies to maximize the compensation you receive. Providing that evidence helps with this.
• Working to fight for a reduction in any fault assigned to you so that you can claim more of the losses you have.
• Provide you with legal guidance on your legal rights to any compensation related to your case, including medical bills, lost time at work, and property damage.
• Fight for you in court if you cannot get the insurance company to settle your case.

Our bicycle accident attorneys have experience you can rely on. We listen, find any available evidence, and fight for our clients. All you have to do is focus on healing.

Set Up a Free Consultation with Our Bike Accident Attorneys in Sacramento Now

At Triumph Law, P.C., we are committed to providing our clients with exceptional support and guidance. Let us help you determine who is responsible for a bicyclist accident that occurs in a crosswalk or intersection in your case. Call us now to set up a free consultation.