Hit While Biking Against the Flow of Traffic
Insurance Company will Blame You if You were not Riding in the same Direction as Traffic
Were you in a bike accident and hit by a car while riding your bike against the flow of traffic? The driver’s insurance adjuster will attempt to blame you for the accident. The adjuster will argue that you were riding on the wrong side of the street, thus their driver bears no fault, or only bears partial fault.
California Law on Biking Against the Flow of Traffic
California Vehicle Code Section 21650.1 deals with biking against the flow of traffic. It states:
"A bicycle operated on a roadway, or the shoulder of a highway shall be operated in the same direction as vehicles are required to be driven upon the roadway."
If you are hit by a car while biking on the roadway against the flow of traffic, the insurance adjuster will use this code section against you and argue that you were 100% at fault for the accident, or partially at fault ("comparatively negligent") for the accident.
If the adjuster takes the position that you were “comparatively negligent,” that means that the adjuster will reduce the amount that the insurance company will pay you by the percentage of fault that the adjuster attributes to you. For example, the adjuster may say you are 50% at fault for the accident because you were riding your bike on the sidewalk. In this scenario, if the adjuster determines the full value of your claim to be $100,000, the adjuster will reduce that by 50% and offer you $50,000.
It is NOT ILLEGAL for Bicyclists to Ride Against Traffic when Riding in a Crosswalk or on a Sidewalk
Keep in mind these important facts about California code regarding bicyclists riding against traffic:
- The plain and unambiguous language of Vehicle Code Section 21650.1 does not require that a bicycle be operated in the same direction as motor vehicle traffic when on a sidewalk or in a crosswalk.
- For a bicyclist to be in violation of Section 21650.1, the cyclist must have been riding in the opposite direction of adjacent traffic and be either (a) on the shoulder of a highway; or (b) on a roadway.
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