Struck by a Left-Turning Vehicle While Bicycling?

McGee Lerer Ogrin Aggressively Represents Bicyclists Hit by Left-Turning Drivers

The motor vehicle driver will almost always be at fault for violating California Vehicle Code Section 21801(a), which states:

"The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway, or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety."

Under the California Vehicle Code, bicycles are considered "vehicles." The same rules that apply to motorists apply to bicyclists. Thus under Vehicle Code Section 20801(a), a left-turning motorist must yield to all bicyclists approaching from the opposite direction which are close enough to constitute a hazard.

We often find that a driver will admit fault at the scene of the accident, but later change his or her tune and claim the bicyclist rode from the sidewalk into the street. That is why it is critical in these types of bicycle accident cases for a law firm to begin an immediate investigation.

Were there any witnesses? Did any surveillance video cameras capture the accident? Witnesses need to be interviewed as soon as possible after the accident before their memories fade or are tainted by leading and suggestive questions from the motorist's insurance adjuster. Surveillance video needs to be preserved before it is recorded over.