Liability certainly matters in a bicycle accident case. One of the primary motives of safe cycling is to avoid bicycle accidents altogether. Just like they say in negligent cases, the first thing you should do to avoid a negligence case, is not be negligent! However, bicyclists who violate right-of-way rules also face another potential hurdle, for example, if a bike versus vehicle accident results, they might be found at fault for the accident simply by the fact that they violated a right-of-way, even though the car driver was not paying attention and really at fault. This means if the car driver is hurt or the car has property damage as a result of the collision, the cyclist will be at fault. Moreover, if the bicyclist is hurt/injured, he or she may not be able to recover for personal injuries, medical expenses, lost wages, or pain and suffering, or the like.
Let me speak briefly about "stopping" and bicycles. In order to preserve your legal rights, you must come to a complete stop when required to by California law. Remember, you are considered the same as a "motor vehicle" as a California bicyclist. If you are at a red light along with other vehicles, you must stop. However, contrary to popular belief, you are not required to put a foot down to come to a complete stop. This is why you see some avid bicyclists balance their weight on their bikes at stops.
Mark C. Blane is a San Diego Bicycle Accident Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Pedestrian Injury Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights. It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.