MOTORIST HARASSMENT: Can a bicycle accident as the result of a motorist harassment of the bicyclist, and if so, is there any recourse under California law?

Yes, and there would be legal recourse under California law.

Bicyclists, particularly those wearing Spandex or Razors, are frequently subject to harassment by drivers who like to tease. Harassment ranges from shouting to cursing, buzzing (passing too closely) or throwing objects at the cyclist. It is a senseless act/behavior pattern in some irresponsible and immature people leading some states to have passed laws specifically prohibiting harassment of cyclists and making certain harassing behavior criminal. If such behavior causes injury to the cyclist, there is coverage pursuant to the harassers’ homeowner’s insurance. Usually, legal recourse would be for a settlement under said policy since homeowner's policies tend to be liberally construed to cover such negligent acts.  Motor vehicle insurance policies exclude intentional acts. Throwing objects from cars at cyclists have been held not related to the operation of motor vehicles and are therefore not covered by auto insurance policies. 

 

More Legal Questions About San Diego California Injury Accident Cases?

Do you have more legal questions about San Diego California Injuries & Accident Cases?  Return to our Frequently Asked Legal Questions  page. 
 

The Law Offices of Mark C. Blane, APC

525 B Street, 15th Floor

San Diego, CA 92101

Toll Free:  (888) 845-6269

Direct:  (619) 813-7955
The San Diego California Injury Accident Law Firm that offers FREE Legal Help Books to anyone BEFORE they speak to a Lawyer, Claims Adjuster, or have to sign any Legal Forms; also we represent clients across Southern California including the following areas: