Bicycle Accidents:

When involved in a bike accident, call 911 immediately, assume you are injured and DO NOT REFUSE MEDICAL ASSISTANCE you could be in shock or your injuries just may not be apparent.

ALWAYS make sure police are called to the scene and the police take a detailed report.

Make certain the other driver has provided his or her driver's license, insurance information, license plate of the vehicle driven, and take a description of the driver and the vehicle.

Never discuss fault with the driver, or insurance representatives. If you are able to, diagram the street and where the vehicles are located in relation to one another. As soon in time following the incident, take notes on all that you can account for prior to the incident and just following.

CALIFORNIA STATE LAWS AND AUSTIN ORDINANCES FOR BIKE RIDERS

California Vehicle Code Sections 21200, 21200.5, 21201, 21201.3, 21201.5, 21202-21209, 21210, 21211, and 21212 all apply to bicycles.

Of great and exceptional importance is California Vehcile Code Section 21200 that provides, Every person riding a bicycle upon a street or highway has all the rights and is subject to all the duties applicable to the driver of a vehicle, including the provisions of law dealing with driving under the influence of alcoholic beverages or drugs, except those provisions which by their very nature can have no application.

On multi-lane streets, where there are no bike lanes, shoulder, or Shared Lane Markings, and the right lane is too narrow for motorists and cyclists to share side-byside, bicyclists should ride at least 3 feet from the edge of the roadway or 4 feet from parked cars. You may need to ride in the center of the lane in order to be visible and prevent motorists from passing you there isn’t enough room. You may also take the lane when you’re traveling at the same speed as traffic, which keeps you out of the motorists’ blind spots and reduces conflicts with oncoming traffic.

A little known but recently very relevant law is California Vehicle Code Section 21201 requiring all bikes to be equipped with brakes. This law might come as a shock to those who have opted out of hand brakes but in reality it is not that worrisome. The law goes on to detail that the law only requires that the cyclist be able to brake one wheel so that it skids on dry pavement.

If you are riding on a roadway without a marked bike path or if the bike path is obstructed, you are allowed under California law to utilize the full lane of traffic. Despite the increasing number of spinal cord injuries and death among bicycle riders, cities are not doing enough to protect cyclists from their biggest danger, cars! Some cities are increasing the number of bike lanes and listening to local bicycle organizations to improve biker safety. San Francisco is among the cities that is doing a lot for bicycle safety and cyclist awareness, but even in San Francisco there are not enough bike lanes or enough bicycle education requirements for drivers who are new to the road and getting their first driver's license or their commercial license. The amount of financial and educational focus needed to improve biker safety and to obtain a better understand of the problems cyclists face is simply lacking. This is a local problem as well as a national issue Congress should be addressing. The amount of funding for studies on bicycle safety should be increased so that cyclists are better protected from driver negligence.

Most cyclists ride for the love of riding their bikes. Many riders have taken to riding because of their concern for the environment and the resulting reduction in their carbon footprint on the Planet E. This increase in riders means there needs to be more done to promote bicycle rider safety. Cyclists should be rewarded for their contribution to the greening of the planet and not run over by careless drivers. Our attorneys are part of the San Francisco Bicycle Coalition and other advocacy groups that are trying to address the issues and concerns of and for bicycle riders.

Recently the San Francisco Bicycle Coalition (SFBC) published interesting statistics showing that out of the 93 page California Drivers Handbook, pdf version, "bicycle" or "bicyclist" is only mentioned, in the context of safety, rights-of-way or use of bicycle lanes, a mere twelve (12) times. The California Commercial Drivers Handbook is one hundred thirty-eight pages in pdf format. Throughout the commercial handbook the word "bicycle" or "bicyclist" is only mentioned, in ANY context, four (4) times. California commercial drivers are not learning about the potential harm they can and often do cause cyclists from California's Department of Motor Vehicles. These commercial drivers can spend their entire 40 hour work week behind the wheel and prior to obtaining their license they are clearly not being educated about commercial drivers literal impact on cyclists. In fact, SFBC goes further to show that "bicycle" or "bicyclist" is only used twice in the context of safety. There is further evidence that commercial drivers in California, specifically San Francisco, are not being made aware of bicycle safety, for instance: Of the three approved taxi driving schools by the City and County of San Francisco, one school provides would-be taxi drivers with 126 questions for "homework". Of those 126 questions, "pedestrian" only appears once, and there is absolutely zero use of "bicycle" or "bicyclist".

VEHICLE TRAFFIC RULES

A bicyclist shall comply with the requirements of this title imposed on a driver of a vehicle, to the extent that the requirements may be applied to operation of a bicycle.

§ 12-2-12 OBEDIENCE TO TRAFFIC-CONTROL DEVICES.

In 2005 it is estimated by the National Highway Traffic Safety Administration that traffic fatalaties rose for an eighth straight year with the death toll of over 43,000. This figure was an increase from the prior year where accidents from cars, motorcycles, and trucks, was over 42,000. This figure has grown in part due to increases in fatalaties involving motorcycles, and pedestrians. For instance, the National Highway Traffic Safety Administration estimates in 1997 the number of deaths from motorcycle accidents was 2,116. In 2005 motorcycle accident fatalaities rose to record losses of 4,553. The concern for riders is so great, not only among riders and motorcycle rider organizations but also with Congress. Millions of dollars from Congress with a 30% match by the Motorcycle Safety Foundation will be partly used for a new Motorcycle Crash Causation Study instituted by the Oklahoma Transportation Center. Until more is learned, riders face timeless discrimination from drivers who clearly dominate the roadways, byways, and highways. Even following an accident that was clearly the fault of the car or truck driver motorcyclists and bikers are often blamed and accused of driving recklessly. Until the driving public is more educated and vigilant of motorcycles and other two-wheelers on the road, and as the number of motorcycle riders increses and the engine size of bikes increase, bikers are going to continue being injured by other vehicle drivers negligence.

Being represented by a skilled motorcycle accident attorney means you will be represented by someone who knows what it is like for bikers on the road. We drive the same roads you drive and experience the same drivers as you. Unfortunately, we have also been victims of driver negligence. Contact us so we can help you through the process of recovering and getting compensated for your losses. While no amount of money can give you back the amazing feeling of being on the road on a bike before the crash, there is no way a driver can ever truly give back what they have taken from the rider.

Most motorcycle accidents occur where the driver of the vehicle that hit the rider violated a right-of-way or “did not see the motorcycle”. Knowing how to overcome the prejudices that many car drivers/jurors have towards motorcyclists is as important as knowing the law. We at the Shefman Law Group understand what it is like out on the road. We are endurance bicyclists, scooter and motorcycle riders. We ride on country roads and busy city streets and highways, just like you.