Bike lanes are meant to be a safe way for cyclists to share the road, but unfortunately, they can lead to quite a few accidents. It's fairly common for other vehicles to pull over into a bike lane and end up causing a wreck. Who is liable in this situation? The answer depends on the exact circumstances of the accident. Keep reading to learn all about how liability works for blocked bicycle lanes.
Blocked Bicycle Lanes Lead to Unusual Types of Accidents
Many drivers assume that bicycle lanes are no different than any other lane on the road. While this is an understandable assumption, it's not quite accurate. California laws actually designate bicycle lanes as a separate part of the road. Bicycle lanes are narrow lanes on the right-hand side of the road that are either bright green or marked with a cycling symbol.
People driving cars, trucks, delivery vans, and other vehicles are not supposed to use these lanes for daily driving. If a vehicle blocks the lane by either driving or parking in it, many different types of accidents can occur. A common issue is a cyclist running into a vehicle that is blocking their lane. If a cyclist assumes the lane will be free of cars, they can run into problems when a vehicle unexpectedly appears in their path.
There can also be problems with vehicles hitting pedestrians who do not expect to have a vehicle in a bike lane. In some cases, vehicles blocking bicycle lanes can even get into accidents with other vehicles. Since bicycle lanes are too narrow to hold an entire automobile, a vehicle in a cycling lane can stick out into the main road and get into a wreck with other drivers.
Is It Legal for Vehicles to Be in Bike Lanes?
Typically, when these sorts of accidents happen, the person blocking the bike lane is breaking the law. California Vehicle Code § 21209 states that no motor vehicle is supposed to drive in or park in a bicycle lane. Those who break this law are subject to tickets and fines regardless of whether an accident occurs or not.
However, keep in mind that there are a few exceptions to these rules. Since bicycle lanes run along the right side of the road, there are inevitably sometimes when drivers will need to cross through bicycle lanes to get to their destination. A driver of a motor vehicle is temporarily allowed to cross through the bicycle lane when they are about to make a right-hand turn or are entering or exiting the roadway. These spots will be marked with a dashed white line that shows where motor vehicles can pull through the lane.
Another exception to the rule of vehicles entering bicycle lanes is for parking. A car can pull through a bicycle lane if there is a legally marked parking spot on the other side of the lane. Furthermore, some municipalities in California permit parking within the bike lane itself. It's rare to encounter cities that allow this, but some may say motor vehicles can park in bicycle lanes at certain times or if certain signage is present.
How Liability Works for Bike Lane Accidents
The legality of blocking a bike lane is a major consideration in any accident, but lawsuit liability is a complex matter. Regardless of whether a bike, pedestrian, car, or other automobile is involved in the accident, the main question the courts will consider is whether or not the defendant behaved negligently. The plaintiff will need to show that they faced damages because the other person's blockage of the bicycle lane failed to follow general standards for road safety.
This can be quite straightforward if the defendant was breaking the law at the time of the accident. If they were parked in a bicycle lane next to a "No Parking" sign or suddenly swerved into the lane for no legal reason, they are most likely liable. Usually, the only exception to the vehicle blocking the cycling lane being liable would occur if they were entering it legally for a reason like accessing a legal parking space or making a turn at the appropriate time. Therefore, the majority of bicycle lane accidents end up with the person blocking the bicycle lane being held responsible for damages.
Meanwhile, if the accident occurs while the vehicle is in the lane for a legal reason, normal car accident lawsuit rules will apply. The court will look at the behavior of both parties and think about whose actions contributed to the crash. For example, if the cyclist was on their phone and the motor vehicle was conducting a legal turn, the cyclist might be more at fault. However, if the motor vehicle was turning in an appropriate place but did not signal, its driver would still be at fault. California is a state with comparative negligence laws, so in some cases, the courts may even assign partial liability to both parties. If this occurs, it may reduce the overall damages you receive.
Find Out Who Is Responsible for Your Bike Accident Lawsuit
As you can see, a lot of different details factor into determining liability for an accident in a blocked bike lane. To get a more accurate idea of who is liable in your case, it's important to speak to an experienced bicycle accident lawyer.
