Paceline Law Bicycle Injury Lawyer represents those injured in Bay Area bicycle accidents. My firm has the experience and resources to make sure you’re taken care of following any type of bicycle accident in Lafayette or anywhere else in the area. To learn more about our approach, contact us today for a free, no-obligation consultation.
Do You Need to Work With My Firm?
Whether you’re riding on the Lamorinda Loop Trail or along Mt. Diablo Boulevard, biking in Lafayette is usually an enjoyable experience. Unfortunately, an accident can happen at virtually any time. Part of being prepared is knowing whether or not you need to work with my team. The answer depends on your circumstances. If your accident was only minor in nature, you probably won’t need to take legal action.
However, in the event that your injuries are more in line with a typical bicycle accident, my firm can be a huge help. Here’s what we can do:
- Explain your rights and options
- Look into the accident and figure out who’s responsible
- Work with insurance adjusters and companies
- Gather important evidence
My top priority is making sure the legal process is as easy as possible for you. Being injured is hard enough on its own without worrying about dealing with insurance companies and the legal process. My team can support you and make sure you have a strong claim.
What are the Laws Around Biking in Lafayette?
Riding your bike in Lafayette is supposed to be an enjoyable experience. That’s why the city goes to such lengths to put a legal framework in place to protect you and other riders with certain laws and regulations outlined in Chapter 8 of the city’s municipal code that include:
- 8-211 – You must have a license to ride a bike in Lafayette. This applies to all bicycles, and they must be registered with the city. The only exception is if you’re from out of town and already have a valid license from another city or county.
- 8-231 – You can ride two people side by side on a bicycle, but only if you’re on a bike lane or a path designed for bikes. If you’re on the road, stay single-file unless you’re in a bike-only area.
- 8-232 – You can’t tow anything with your bike, whether it’s another bike or a person. So no pulling a friend on a skateboard or bike with your own bike.
- 8-234 – Always park your bike safely. Don’t leave it where it blocks the sidewalk or could cause problems for pedestrians, cars, or other property. If there are no bike racks available, you can park your bike on the sidewalk, but it must be upright and no more than 24 inches from the curb.
- 8-241 – Your bike must be safe to ride. It has to meet all the safety requirements of the California Vehicle Code, and that includes things like having properly secured handlebars. If the bike doesn’t meet these requirements, it can’t be licensed, and you shouldn’t be riding it on city streets.
- 8-270 – A bicycle lane is a section of the road set aside just for bicycles. These lanes are clearly marked with signs and pavement markings to keep cyclists safe and separate from motor vehicle traffic.
- 8-271 – Always ride in the same direction as traffic in a bike lane. If the bike lane is marked with arrows for two-way traffic, you can ride in either direction. But if it’s a one-way lane, don’t go against the flow of traffic.
- 8-272 – Yield the right of way when entering a new area. If you’re coming out of a driveway, alley, or bike lane, you must give way to pedestrians on the sidewalk. When entering the roadway, yield to cars, and if entering a bike lane, yield to other cyclists already in the lane.
- 8-273 – You can only leave a bike lane safely when it’s necessary, like at intersections, for a legal U-turn, or to turn into a driveway. Make sure it’s safe to leave the lane before doing so.
- 8-274 – Motor vehicles can only cross into a bike lane when they need to park or enter/exit a driveway. If they do, they must yield to bicycles already in the lane to avoid causing accidents.
State Bicycle Laws
Just like anywhere else in California, bicycle riders in Lafayette must follow state laws outlined in Article 4 of the California Vehicle Code (CVC):
- CVC 21200 – Cyclists have the same rights and responsibilities as drivers. This means cyclists must follow traffic laws just like motorists.
- CVC 21200.5 – It’s illegal to ride a bike while under the influence of alcohol or drugs. You can face penalties, just like driving under the influence.
- CVC 21202 & CVC 21204 – Your bike must have working brakes and handlebars below shoulder height. The bike should be the right size so you can stop and start safely. For night riding, your bike needs a white front light, rear reflectors, and side reflectors to help you stay visible.
- CVC 21202 – Bicyclists must ride on the right side of the road, except when turning, passing another rider, or avoiding hazards. This keeps everyone safe and makes the road predictable for both cyclists and drivers.
- CVC 21203 – Cyclists cannot hold onto moving vehicles (like cars or trucks). This is dangerous and illegal.
- CVC 21204 – Your bike must have a proper seat for each rider, including a child seat when necessary, to ensure everyone is seated safely while riding.
- CVC 21208 – When riding in a bike lane, cyclists must stay in the lane unless they need to turn, pass another cyclist, or avoid a hazard.
- CVC 21212 – Riders under 18 must wear a helmet at all times, whether they’re riding on the road, in a bike lane, or elsewhere.
- CVC 23330 – Bikes are not allowed on toll bridges unless there are signs permitting it. Always check for specific rules at toll bridges.
- CVC 27400 – Cyclists can’t wear headphones in both ears while riding. This is to make sure you stay aware of your surroundings and can hear traffic or warnings from others.
These state laws protect your rights as a cyclist in Lafayette and help keep you safe on the road. However, while following the rules is important, they won’t prevent all accidents. That’s why Lafayette has programs like Vision Zero to further improve bike safety and infrastructure.
How Does Vision Zero Help Bicycle Riders in Lafayette?
When the city put its Vision Zero program in place in late 2021, there were a few objectives:
- Get more people to walk or bike instead of drive.
- Lower the number of people hurt or killed while walking or biking.
- Build more miles of bike paths that feel safe and easy to use.
Obviously, biking in Lafayette is easier with programs like Vision Zero, a legal framework that’s enforced by local police, and infrastructure projects that either improve existing bike lanes or build new ones. That said, it’s helpful to look at where these bike lanes are located.
Where Are Lafayette’s Bike Lanes and Routes?
When you go biking in Lafayette, you should always have an idea of where the city’s lanes and routes are. Looking at this map provided by the city can help, but it’s helpful to know that the city has added these bike lanes and paths to make riding safer and easier. These lanes let you ride through parks, neighborhoods, and downtown with less traffic stress. So, as the map shows, here’s where Lafayette’s bike lanes and routes can be found:
There’s another important point here with these lanes and routes, and that’s how they’re classified. In Lafayette, there’s three different kinds of bike lanes/routes you’ll come across:
- Class I Shared Use Paths – These off-road trails provide a safe space for both cyclists and pedestrians, keeping them separate from traffic. They’re commonly found near parks, rivers, and scenic spots.
- Class II Bike Lanes – These dedicated lanes on city streets are clearly marked and reserved for riders only.
- Class III Bike Routes – These are shared streets where bikes and cars travel together, identified by signs and pavement markings (called “sharrows”), placed in quieter residential areas of the city.
With these parts of the city, it makes riding your bike much safer. But unfortunately, it can’t outright prevent an accident. So, there’s a few things you need to know when you’re in an accident—starting with figuring out liability.
Who’s Liable in a Bicycle Accident?
Possibly the biggest initial question to answer is who’s liable for your injuries. Liability–or the legal responsibility–for covering your damages revolves around the concept of negligence. In certain cases–like when a driver is speeding and sideswipes you–this is fairly easy to figure out. Other times, though, it’s not as straightforward.
Basically, it depends on what happened. Most often, it falls on the following:
- Drivers – If a driver breaks traffic laws or isn’t careful, they can cause an accident with a cyclist and be responsible for it.
- City or state government – If the roads or paths aren’t well-maintained or designed, and this contributes to an accident, the government might be at fault.
- Third parties – Other people, like pedestrians or other cyclists, could also cause accidents through carelessness, making them responsible.
- Parts manufacturers – If a bike part is defective and causes a crash, the company that made it could be held accountable.
Why is liability important?
Liability is an extremely important part of any bicycle accident because it sets the course of your injury claim. As you’re probably aware, a bicycle accident can cause all sorts of different injuries and losses for you. Most of the time, it results in things like:
- Broken bones
- Head injuries
- Spinal injuries
- Burns
- Joint dislocations
- Facial injuries and scarring
The extent of these injuries and how it affects your life will make up the core of what’s known as your “damages,” and liability is what determines who actually pays for them.
Claims Process in a Bicycle Accident
In terms of the claims process after your bike accident, you have two basic options for starting it: filing an insurance claim or filing a lawsuit. Procedurally, both are very similar with one key difference–the insurance process is outside of court and is much less formal. You’re still going to present a case for damages, though. While it’s up to you to show the extent of your losses, a claim will allow you to potentially recover:
- Medical expenses – These cover all medical bills and treatment costs, from initial emergency care to ongoing rehabilitation for permanent injuries.
- Lost income – These cover any income you couldn’t earn because of the accident, or reduced earning capacity resulting from it.
- Property damage – This includes repair or replacement costs for your damaged property, such as your bike.
- Reduced quality of life – Financial consideration for any negative changes in personal life or relationships due to the accident.
- Pain and suffering – Financial consideration for physical discomfort and mental anguish caused by the accident.
- Emotional distress – Financial support for psychological effects like anxiety or PTSD resulting from the accident.
- Wrongful death expenses – If the accident is fatal, surviving family members can seek expenses like funeral or burial costs, or loss of earnings or benefits.
Your damages are heavily dependent on your injuries, but that’s not the only factor. There’s also “comparative negligence”, where any percentage of fault you share in the accident will reduce your damages accordingly. Also, you have to file your claim on time. The statute of limitations for an injury claim in California is two years from the date of the accident.
What Should You Do After the Accident?
Because it’s up to you to show how the bicycle accident has impacted your life, it becomes very important to do a few things to bolster your claim. This isn’t all that different from other accidents, but are especially important in a bike accident:
- Get to a safe spot – If possible, the first step is to move to a safe area of the road or trail, away from traffic. Check yourself for any injuries.
- Call 911 – Dial 911 to report the accident. Emergency services will be dispatched, including an ambulance and police. Seek attention from EMTs and provide information to the police about the incident.
- Get further medical care – Once the scene is taken care of, get further medical care for your injuries at a hospital, urgent care, or doctor’s office.
- Document the accident scene – Take photos or videos of the accident, capturing bike damage and the surroundings. Also, get contact and insurance details from all parties and witnesses involved.
- Maintain records and losses – Keep records of medical treatment, accident reports, and any related communication. Follow your doctor’s instructions and refrain from repairing damaged belongings immediately. This will connect everything for your damages.
- Call your insurance company – Call your insurance company and start their claims process. This could take care of any immediate medical concerns or other losses.
Again, it’s hard to overstate how important these steps are. They can’t prevent the accident from happening, but they can make a huge difference in how your claim plays out and what you’re able to recover.
Frequently Asked Questions
Do bicycle accidents happen a lot in Lafayette?
This varies given the time of year, but according to the California Highway Patrol’s Traffic Injury Mapping System (TIMS), there’s only been 1.6 bicycle accidents per year over the last five years.
Can I be at-fault for my accident?
You can share some of the liability, depending on the circumstances. If you were riding on the sidewalk or in between lanes, it could be considered “comparative negligence” and reduce your damages.
What evidence is there in a bicycle accident?
Usually, evidence includes medical records, accident reports, visual evidence of your injuries and bike damage, and sometimes could include security or video footage.
Count on Paceline Law After a Lafayette Bicycle Accident
For as nice as it is to ride your bike in Lafayette, this can change quickly when there’s an accident. This usually means injuries and other losses you have to deal with, and my team at Paceline Law Bicycle Injury Lawyer can help. We’ll explain your options and guide you through the recovery process. Contact us today for a free, no-obligation consultation to get started.
