"Passing from behind" Long Beach Bike 
Accident Lawyer

What is a "Passing-from-Behind" Bicycle Accident?

Passing-from-behind bicycle accidents involve a motorist approaching a bicycle rider from behind and striking the bicyclist as the motorist overtakes the rider. Passing-from-behind accidents are the #1 cause of adult bicyclist fatalities in California and the United States.

Driver Will Try to Blame Bicyclist for a Passing-from-Behind Accident

Drivers and their insurance companies often attempt to blame the bicyclist for a passing-from-behind accident. They will allege that the driver was keeping a safe distance from the bicyclist, who suddenly swerved into the motorist's path of travel.

Bicyclists Need Extra Space Around Them

Bicyclists need a little extra space around them in case they need to avoid broken glass, debris or rough pavement. Should they need to move to avoid an unexpected roadway hazard, a collision with a driver can result. A collision between a 4,000-pound vehicle and a Schwinn cruiser is not a fair fight; the bicyclist will always lose.

California Law Pertaining to Passing-from-Behind Bike Accidents

The California law that applies to passing-from-behind accidents is Vehicle Code Section 21760, the Three Feet for Safety Act, which states:

"(b) The driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway shall pass in compliance with the requirements of this article applicable to overtaking and passing a vehicle, and shall do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, visibility, and the surface and width of the highway.

(c) A driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator.