Posted in Bicycle Accident on February 18, 2025
If you are struck by a car or truck while riding your bike, you may have incredible injuries and losses trying to navigate. Your healing process may be made worse if you are unsure you can hold those who hurt you accountable. Can you recover damages after a bike accident going against the flow of traffic? That is one of the questions many people have, and the answer is yes in most cases. Speak with a Long Beach bicycle accident lawyer today.
Biking Laws in California
The question is important because of California Vehicle Code Section 21650.1. It states that a person operating a bike on a roadway or the shoulder of a highway must operate that vehicle in the same direction as the other vehicles on the roadway are traveling. In other words, you need to ride your bike with the flow of traffic.
If you are in a car accident in which a driver hits you because you are traveling against the flow of traffic, you can expect the insurance adjuster to determine this and use it against you. They may seek to hold you 100% at fault for the accident, meaning you cannot recover any damages even if the other driver struck you. It is also possible that the insurance company seeks to put some fault on you, meaning you are partially at fault.
Exceptions to California’s Biking Against The Flow of Traffic Laws
Though every situation is not the same, there may be several steps that you can take to avoid facing a denial of coverage if you are operating your bike against the flow of traffic. Specifically, consider the following guidance.
Crosswalks and sidewalks
The law does not apply or clarify what happens when you are riding a bike in crosswalks or on sidewalks. That could influence your claim considerations. If you can prove that you were in one of these areas, you did not violate the law.
Comparative Negligence in Long Beach Bike Accident Cases
In some situations, the insurance adjuster may want you to hold some fault in the case. If you do not believe that is right, be sure to look a bit deeper into it. If you were riding against the flow of traffic, it may seem like the logical factor would be to hold you fully accountable. By seeking comparative negligence, they could be admitting they know the driver was doing something that could put you at risk.
In these situations, having your Long Beach accident lawyer dig into what is occurring and gather evidence to support your claim is beneficial. There are situations in which the information on your ticket or in the accident report is simply not accurate. In all cases, your attorney will work with you to determine what legal strategies may be available to you. There are times when the actions of the other driver are so reckless that it may not matter how you are traveling.
In any case, in which you hold some or all of the fault in a bicycle accident, work with an attorney to clarify what your rights are. Even if the insurance company outright denies your claims or does not provide you with any reasoning for why they denied it, contact a Long Beach personal injury attorney who will represent just you in pursuing full and fair support for your case.