Statistically, riding a bike isn’t safer than driving. Mile for mile, cyclists face a higher risk of injury and death than motor vehicle occupants. If you were injured in a bicycle accident, you know these statistics firsthand, and a personal injury lawyer can help you assert your rights.
Key Takeaways
- National statistics show that cyclists are significantly more likely to be fatally injured per trip than automobile passengers.
- Many bicycle accidents result from driver negligence, such as distraction, impairment, or failure to yield the right-of-way.
- California has specific laws designed to protect cyclists, but drivers often misunderstand or ignore these rules.
A Cyclist’s Risk: Analyzing Bicycle Accident Statistics
The debate over whether riding a bike is safer than driving often feels personal, especially after a collision. While cycling offers many health and environmental benefits, the data on safety is sobering.
The comparison of bicycle accident statistics to car crash data reveals a clear disparity in risk. Cyclists account for about 1% of all trips taken in the U.S., but almost 3% of all deaths. When a multi-ton vehicle collides with an unprotected cyclist, the results can be devastating.
Motor vehicles have extensive safety features like airbags, steel frames, and seatbelts; fatalities have been declining in recent years. Bicycles offer no such protection. The rider’s body is completely exposed, which is why bicycle vs. car accident injuries are often catastrophic.
Many factors contribute to these accidents. Some common examples include:
- Driver Inattention: Motorists who are texting, talking on the phone, or otherwise distracted often fail to see cyclists.
- Failure To Yield: Many crashes happen at intersections when drivers turn in front of an oncoming cyclist who has the right-of-way.
- Unsafe Lane Changes: A driver who changes lanes without checking their blind spot can easily collide with a cyclist.
- Impaired Driving: Drivers under the influence of alcohol or drugs have delayed reaction times and impaired judgment, making them a major threat to cyclists.
The difference in vulnerability is stark. You may be a careful and law-abiding cyclist, but you cannot control the actions of the drivers around you.
Common Causes of Bicycle Accidents in Bakersfield
The unique layout and traffic patterns in Bakersfield present specific challenges for cyclists. Riders face daily risks from the busy intersections downtown to the more residential streets in neighborhoods like Laurelglen.
Investigating the causes of bicycle accidents shows that motorist error is a frequent factor. In areas with heavy traffic, like Rosedale Highway or along the Kern River Parkway Trail crossings, the chances of a negative interaction between a bike and a car increase.
Distracted Driving Dangers
A distracted driver is one of the greatest threats to a cyclist. California law prohibits texting or using a handheld cell phone while driving, yet this behavior remains common.
A driver looking down at a screen for even a few seconds can travel the length of a football field without looking at the road. For a cyclist, those few seconds can change everything.
Dooring Incidents
Dooring happens when a driver or passenger of a parked car opens their door directly into the path of an oncoming cyclist. These accidents are almost always the fault of the person in the motor vehicle, as they are responsible for checking for traffic, including bikes, before opening their door.
Incidents like this are common in areas with street parking, such as the streets around the Fox Theater.
Failure To Respect the Bike Lane
Bakersfield has been adding bike lanes to streets like Truxtun Avenue, but their effectiveness depends on drivers’ respect. Motorists often drift into bike lanes, use them for turning without looking, or park in them illegally.
A bike lane may provide a false sense of security when drivers don’t treat it as a dedicated travel lane for cyclists. This failure to share the road is a recurring theme in the discussion of whether riding a bike is safer than driving.
There is clear data, however, on the safety of separate bike lanes. By separating traditional or flush buffered bicycle lanes with flexible delineator posts, cities such as Bakersfield can reduce accidents by more than 50%.
Your Rights Under California Bicycle Laws
California law provides cyclists with significant rights and protections. In fact, bicycles are legally considered vehicles for many traffic situations and have the same rights and responsibilities as automobiles. ‘
However, many motorists are unaware of these laws, leading to dangerous and incorrect assumptions on the road. Proving that the driver violated one of these statutes directly affects your financial recovery after a bicycle accident.
Here are a few important points regarding state laws:
- Safe Passing Distance: Drivers must give cyclists at least three feet of space when passing them on the road.
- Right of Way: Cyclists generally have the right of way in bike lanes and when proceeding straight through an intersection.
- Use of the Road: If a bike lane isn’t available, cyclists are permitted to use the right side of the road, and in some situations, they may “take the lane” for safety.
Using a Full Lane
Many drivers become frustrated when a cyclist uses a full traffic lane, but California law explicitly permits this in several situations. If the lane is too narrow for a car and a bike to share safely side-by-side, the cyclist can move to the center of the lane.
This action makes the cyclist more visible and prevents drivers from trying to squeeze past them unsafely. A driver who strikes a cyclist in this situation is likely negligent.
Intersection Laws
Intersections are hot spots for bicycle accidents, mainly because drivers frequently make right turns directly in front of cyclists going straight. While the driver may claim that they never saw the bike, they have a duty to look for cyclists before making a turn.
The comparison of safety between bikes and cars is a serious topic. Statistics show that driving a car involves fewer risks of a fatal crash. But a cyclist who follows the rules of the road does their part to stay safe.
Steps To Take After a Bicycle Accident
Your actions after a bike wreck can significantly impact your physical recovery and ability to secure compensation.
If you’ve already handled the immediate medical needs, focus on these next steps:
- Document Your Injuries and Recovery: Keep a journal; write down your pain levels each day, the challenges you face doing daily tasks, and any emotional distress you experience. Take photos of your injuries as they heal to show the progression over time.
- Gather Paperwork: Create a file for everything related to the accident. This includes medical bills, prescription receipts, the police report, and any letters from insurance companies. Don’t sign anything from an insurance adjuster without a legal review.
- Track Your Lost Wages: Keep detailed records if you’re missing work because of your injuries. Note the days you missed and calculate the total income you lost. Ask your employer for a letter confirming your pay rate and time off.
- Preserve Evidence: The clothes and helmet you wore during the crash are evidence. Don’t wash them or throw them away. Your damaged bicycle is also a crucial piece of evidence; don’t have it repaired until it can be inspected.
- Contact a Bicycle Accident Lawyer: The driver’s insurance company may contact you quickly, but they’re not calling to help. Their goal is to pay as little as possible. An attorney protects your interests and handles all communications for you.
How a Lawyer Helps With Your Bicycle Accident Claim
Handling a personal injury claim on your own is difficult, especially when you need to focus on healing. An attorney takes that burden off your shoulders and manages the legal complexities. They build your case and fight for the compensation you need to move forward.
Your lawyer provides critical assistance in several areas, including:
- Proving Negligence: Your attorney investigates the crash, gathers evidence like police reports and witness statements, and may hire accident reconstruction experts to prove the driver was at fault.
- Calculating Damages: Your legal team documents your economic losses, such as medical bills and lost income, and fights for non-economic damages, such as pain and suffering. A skilled lawyer uses evidence and their experience to calculate your claim and present a comprehensive demand package to the insurer.
- Handling the Insurer: Your lawyer communicates directly with the insurance companies, shielding you from their tactics and negotiating for a fair settlement that covers your long-term needs.
- Protecting Your Rights: Your attorney files all necessary legal documents, meets all deadlines, and prepares your case for trial if the insurance company refuses a reasonable offer.
FAQ for Is Riding a Bike Safer than Driving?
What Are the Most Common Injuries in a Bicycle vs. Car Accident?
Common injuries include broken bones, road rash, dental and facial injuries, and internal organ damage. Traumatic brain injuries (TBIs) are also a serious risk, even when the cyclist is wearing a helmet.
What if I Was Partially at Fault for the Accident?
California follows a pure comparative negligence rule, which means you can still recover damages even if you were partially responsible for the accident. Your percentage of fault reduces your final compensation award. For example, if you were found to be 5% at fault, your award would be reduced by 5%.
Should I Talk to the Other Driver’s Insurance Adjuster?
Don’t give a recorded statement to the other driver’s insurance adjuster. Adjusters ask questions in a way that can get you to admit fault or minimize your injuries unintentionally.
For example, they may ask, “How are you feeling today?” and if you respond with a simple “I’m fine,” they can later use that statement as evidence that your injuries aren’t serious. You have no obligation to provide a statement to the at-fault party’s insurer.
Politely decline to speak with them and refer them to your personal injury attorney, who can handle all communications on your behalf.
How Long Do I Have To File a Claim After a Bike Accident in California?
California’s statute of limitations for filing a personal injury lawsuit is generally two years from the accident. This deadline is strict; if you miss it, you’ll lose your right to seek compensation through the court system.
While two years may seem like a long time, don’t wait to seek legal counsel. Building a strong case requires immediate investigation while evidence is still available and witnesses’ memories are fresh.
Contacting a lawyer soon after the accident gives them the time needed to collect all necessary proof and protect your legal rights.
Why Is a Police Report Important for My Bicycle Accident Claim?
A police report provides an official record of the incident. It contains key information, such as the date, time, and location of the crash, the names and insurance information of the involved parties, and statements from witnesses.
The report also includes the officer’s initial assessment of what happened, which can be valuable evidence when proving liability.
Do I Have a Case if a Car Didn’t Actually Hit Me?
Yes, you may still have a case even if the vehicle didn’t make contact with you or your bike. If a negligent driver’s actions forced you to take evasive action that resulted in a crash and injuries, that driver can still be held liable.
For instance, if a car cuts you off and you crash while swerving to avoid a collision, you may file a claim against that driver’s insurance.
Let Us Handle the Fight for You
The statistics are clear, and your experience confirms them: cyclists are exposed and vulnerable on the road. If you were hit by a car, it’s time to put a strong advocate on your side. At the Law Offices of Mickey Fine, we stand up for injured cyclists in Bakersfield.
We’ll investigate your accident, build a powerful case, and work to secure the compensation you need. Call (661) 333-3333 today for a free consultation.