Orange County Bicycle Accident Lawyer

Even though society seems to be more safety conscience than ever, the number of fatal bicycle accidents has actually been increasing over the years. Perhaps most surprisingly, bicyclist fatalities have increased more for adults than it has for children, particularly for adults between the ages of 50 and 69. California is largely to blame for this increase as well. In 2016, California was responsible for more bicyclist fatalities than any other state, accounting for 147 in total according to the U.S. Department of Transportation. While that might not seem like a lot, it actually accounts for about 18 percent of all bicyclist fatalities in the entire U.S. It’s no surprise that Florida was a close second at 138; this can probably be attributed to the copious amounts of sunshine both states afford all year round for bicyclists. This is also consistent with the fact that bicyclist fatalities are most common from the months of June through September when the weather is nicer. If you lost a loved one in a bicycle accident caused by someone’s negligent or reckless behavior, contact an Orange County wrongful death attorney at the Text Kevin Accident Attorneys.

Do You Need a License to Ride a Bicycle in California?

The State of California does NOT require you to be licensed in order to ride your bicycle, but local cities might require your bike to be registered. For example, here in Orange County, Costa Mesa, Irvine, and Santa Ana all require bicycles to be licensed, whereas Huntington Beach does not. California Vehicle Code Section 39002 leaves it up to each county and city to decide.

Are Helmets Required for Bicycles in California?

If you’re not sure whether you’re required to wear a helmet while riding your bike in California, don’t feel alone; 32 percent of bicyclists don’t know either. The law is that helmets are required for bicyclists under the age of 18, but not for adults according to California Vehicle Code Section 21212. With that being said, don’t risk it; wear a helmet anyways. Bicyclists report all sorts of reasons for not wearing a helmet, such as not owning one, owning one but forgetting to wear it, or simply refusing to wear it because they’re uncomfortable, too hot, or look ugly. Whatever the case may be, it’s not worth risking a serious head injury.

Is a Bicyclist Considered a Pedestrian in California?

A person riding a bicycle in California is treated more like a motorist than a pedestrian. A bicyclist is not considered a pedestrian at all in California unless they dismount their bike and walk alongside it. Otherwise, a person riding a bicycle in California has the same rights and duties as a driver of a vehicle according to California Vehicle Code Section 21200. In other words, a bicyclist has the right to use the roadway but is expected to follow the rules of the road just like a person behind the wheel of a car is. For example, a bicyclist is expected to stop at stop signs, ride on the right side of the road, and stay within the solid white lines when they occupy a lane. If you think about it, this is simply necessary to ensure safety when bicyclists and motorists share the roadway equally.

Is It Illegal to Ride a Bicycle on the Sidewalk in California?

California Vehicle Code Section 21206 leaves it up to each individual city and county to decide whether or not it is illegal to ride a bicycle on the sidewalk. Here in Orange County, it is presumed legal to ride a bicycle on the sidewalk unless a local city ordinance says otherwise. For example, the City of Orange makes it illegal to ride a bicycle on the sidewalk in a business district, but not elsewhere. It is also illegal to ride a bicycle on the sidewalk in Laguna Beach, Newport Beach, and Tustin, whereas it is not illegal in most places in Santa Ana. If you think about, making it illegal to ride a bicycle on the sidewalk just seems safer for pedestrians who would otherwise have to compete for space on the sidewalk. Regardless of whether you’re riding a bicycle on the sidewalk or the roadway, keep in mind that you’re still expected to ride in the same direction as traffic according to California Vehicle Code Section 21650. Also keep in mind that on a roadway with a designated bicycle lane, you’re expected to ride in the bicycle lane if you’re moving slower than the speed of traffic around you according to California Vehicle Code Section 21208.

What Do You Do After a Bicycle Accident?

Knowing what to do after being involved in a bicycle accident is important in order to protect your rights. Be sure to follow these 9 steps after a bicycle accident:

Move to a Safe Area

Oncoming traffic might not see you lying on the road. So, if you’re able to do so, get off the road to a place of safety in order to prevent any additional injuries.

Dial 911

You’re legally required to stay at the scene of the accident in the first place. But besides that, it’s also important that you request the responding police officer to make a report. A traffic collision report is going to be an essential document for your personal injury claim later on. It’s important for you to report any symptoms you’re feeling at all to the officer.

Obtain Driver Info

In all the chaos, don’t forget to document the driver’s name, address, phone number, driver’s license number, license plate number, the insurance carrier name and policy number, and the make and model of their car.