Diese Präsentation wurde erfolgreich gemeldet.
Wir verwenden Ihre LinkedIn Profilangaben und Informationen zu Ihren Aktivitäten, um Anzeigen zu personalisieren und Ihnen relevantere Inhalte anzuzeigen. Sie können Ihre Anzeigeneinstellungen jederzeit ändern.
Tel: (805) 544-0100Web: harrispersonalinjury.com     689 Tank Farm Rd. Suite 240      San Luis Obispo, CA 93401
An Introduction to Your Legal Right to Ride               A Personal Injury Law Firm Serving California’s Central Coast   ...
The Duty of Care    Assumption of Risk        “You knew the risk and took it anyway”    Proper Lookout        Obligati...
The Duty of Care (Continued)    Traffic Signals         Proper stop = Complete stop AND looking for / yielding to other ...
Getting a Citation    “Do you know why I pulled you over?”    Good luck talking your way out of a ticket         Signin...
Equipment Laws             A Personal Injury Law Firm Serving California’s Central Coast                              Harr...
Motorist vs. Bicycle Accident Fault                A Personal Injury Law Firm Serving California’s Central Coast          ...
Bicycle Accident Checklist    Wait for police to respond    Never admit fault    Make an official statement        Sup...
California Liability Laws    California is a Tort Liability System state           Economic Loss, e.g. medical expenses,...
A Cyclist’s Guide to Insurance    Insurance Adjuster        A person with opposing economic interests    The Motorist’s...
Bike Law Trivia    When are you legally allowed to NOT use an available bike lane?        If you are traveling at the no...
Nächste SlideShare
Wird geladen in …5
×

California bicycle laws and safety

1.314 Aufrufe

Veröffentlicht am

  • Als Erste(r) kommentieren

  • Gehören Sie zu den Ersten, denen das gefällt!

California bicycle laws and safety

  1. 1. Tel: (805) 544-0100Web: harrispersonalinjury.com 689 Tank Farm Rd. Suite 240 San Luis Obispo, CA 93401
  2. 2. An Introduction to Your Legal Right to Ride A Personal Injury Law Firm Serving California’s Central Coast HarrisPersonalInjury.com
  3. 3. The Duty of Care  Assumption of Risk  “You knew the risk and took it anyway”  Proper Lookout  Obligation of “driver” to be aware of plainly visible hazards / potential hazards  Unsafe Pass  Defined by statute or “Due Care”  California = “safe distance” State. SB 910 required 3ft passing distance – Vetoed  Following Too Closely and Motorpacing 1. Traffic offense: following another vehicle more closely than is reasonable / prudent 2. Speed racing on a highway 3. Reckless driving misdemeanor (driving record) 4. Bonus: Insurance policy excludes race or contest related accidents A Personal Injury Law Firm Serving California’s Central Coast HarrisPersonalInjury.com
  4. 4. The Duty of Care (Continued)  Traffic Signals  Proper stop = Complete stop AND looking for / yielding to other vehicles  No such thing as a “bicycler’s stop”  Not triggering a sensor? – wait 3 minutes  Distracted Riding / Driving  Illegal to ride with two headphones in California  Proposed California ban on cellphone while cycling  Bicycling Under the Influence  DUI law applies, but different penalties  Where to Ride  “As close as possible practicable to the right”  Are bicycles allowed on sidewalks? > Yield to pedestrians. A Personal Injury Law Firm Serving California’s Central Coast HarrisPersonalInjury.com
  5. 5. Getting a Citation  “Do you know why I pulled you over?”  Good luck talking your way out of a ticket  Signing the citation is not an admission of guilt  Fighting a ticket?  Gather evidence at the scene / photos  Get an eyewitness  Research local laws and codes. Defense: Mistake of fact, legally justified, necessity defense  Be on time, look and speak the part A Personal Injury Law Firm Serving California’s Central Coast HarrisPersonalInjury.com
  6. 6. Equipment Laws A Personal Injury Law Firm Serving California’s Central Coast HarrisPersonalInjury.com
  7. 7. Motorist vs. Bicycle Accident Fault A Personal Injury Law Firm Serving California’s Central Coast HarrisPersonalInjury.com
  8. 8. Bicycle Accident Checklist  Wait for police to respond  Never admit fault  Make an official statement  Supplemental statements can be given  List ALL injuries, even minor ones  Get witness contact info  Seek prompt medical treatment  Preserve your evidence  Photos of injuries, equipment, clothes, etc.  Never release custody of evidence (only attorney)  Do not communicate with Insurance Co.  Consult with a bicycle injury lawyer  Free consultation – Contingency fee A Personal Injury Law Firm Serving California’s Central Coast HarrisPersonalInjury.com
  9. 9. California Liability Laws  California is a Tort Liability System state  Economic Loss, e.g. medical expenses, loss of earnings, etc.  Physical Pain  Mental Distress  Loss of the ability to enjoy life, e.g. fear of cycling  Loss of consortium  Wrongful death  Future damages  Punitive damages, e.g. gross negligence or criminal negligence  California is a Pure Comparative Negligence state  The injured person can recover damages for injures received and is liable for damages for injuries inflicted. E.g. 60% driver 40% cyclist is possible. A Personal Injury Law Firm Serving California’s Central Coast HarrisPersonalInjury.com
  10. 10. A Cyclist’s Guide to Insurance  Insurance Adjuster  A person with opposing economic interests  The Motorist’s Auto Policy  Primary insurance source, e.g. 15/30  Was the motorist at work during the collision?  Cyclist’s Uninsured/Underinsured Motorist Policy  Secondary insurance if damages exceed insurance limits  Homeowner / Umbrella policies may also apply  Medical Payments Coverage  Pays medical bills without regard to liability  Medical Lien  Medical expenses guaranteed by your attorney  Subrogation  Reimbursement owed to health insurance, MedPay, etc. A Personal Injury Law Firm Serving California’s Central Coast HarrisPersonalInjury.com
  11. 11. Bike Law Trivia  When are you legally allowed to NOT use an available bike lane?  If you are traveling at the normal speed of traffic  If the potential “dooring” represents a reasonable hazard  When are you legally allowed to litter?  Never: Litter laws do not distinguish between biodegradable and other objects  When are you required to carry identification on a bicycle?  Exception to vehicle status – no statutory ID requirement  Citation = legal right to know ID. Good to have in case of injury.  When is “roadside relief” legally permissible?  Technically never – indecent exposure or disorderly conduct (rarely enforced)  Legal definition is “physically offensive to the public” (rural vs. public)  When are you legally allowed to ride on the sidewalk?  In most cases, always. Must yield to pedestrians A Personal Injury Law Firm Serving California’s Central Coast HarrisPersonalInjury.com

×