The Common Defense: Blaming the Bicyclist
After an accident, the left-turning driver might try to place blame on the cyclist. For example, they may claim that the bicyclist was riding on the sidewalk and suddenly entered the street, which led to the collision. While this claim might be genuine, it’s often based on an inaccurate assumption. In some cases, drivers may intentionally lie to shift the blame away from themselves.
If the accident occurred while the cyclist was on the sidewalk, they could potentially be found partially at fault (referred to as "comparative negligence"). This could happen particularly in business districts like Pasadena, where it's illegal for cyclists to ride on the sidewalk. However, even in these situations, drivers are still obligated to pay attention and yield to cyclists who are lawfully riding in the street.
Our bicycle accident attorneys at McGee Lerer Ogrin are well-versed in these types of cases and understand how to investigate and prove who is at fault, even when the driver attempts to shift blame. Our goal is to ensure that the injured bicyclist receives the compensation they deserve.
Common Causes of Left-Turn Bicycle Accidents
When a motorist makes a left turn, they are legally required to yield to oncoming traffic, including bicyclists. However, this rule is often ignored or overlooked, leading to severe collisions. Common causes of left-turn bicycle accidents in Pasadena include:
- Distracted Driving: Drivers often become distracted by cell phones, GPS devices, and other in-car activities, failing to notice bicyclists.
- Impaired Visibility: Poor lighting, blind spots, or obstructed views at intersections contribute to drivers not seeing approaching bicyclists.
- Misjudging Speed: Cyclists often travel faster than drivers expect, leading to miscalculations about whether they have enough time to turn safely.
- Reckless Behavior: Rushing through an intersection, failing to signal, or ignoring right-of-way rules increases accident risks.
When drivers neglect their responsibility to stay attentive and yield properly, bicyclists face serious and often life-altering consequences. Injuries from left-turn accidents can include fractured bones, brain trauma, spinal injuries, and even permanent disability. If you are a bicyclist who has been injured by a left-turning vehicle, a Pasadena bicycle accident lawyer from McGee Lerer Ogrin is ready to fight for your rights.
California Vehicle Code Section 21801(a): Protecting Cyclists
California law is clear about the obligations of left-turning drivers. Under California Vehicle Code Section 21801(a):
"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."
Importantly, California law defines bicycles as "vehicles." This means that drivers must yield to bicyclists just as they would to cars. Drivers who fail to do so and cause accidents are typically found liable for the resulting damage.
Despite this, drivers often attempt to shift blame to cyclists after a collision. They may allege that the cyclist was riding improperly, darted into traffic unexpectedly, or was otherwise at fault. At McGee Lerer Ogrin, we’re skilled at cutting through these tactics and demonstrating exactly how the driver’s negligence caused the accident.
Understanding Comparative Negligence in Bicycle Accidents
California follows a legal principle called comparative negligence, which means that more than one party can share responsibility for an accident. For example, a driver might argue that a bicyclist contributed to the collision by riding on the sidewalk and unexpectedly entering the roadway. While cyclists must obey traffic laws, drivers cannot use these claims as an excuse for failing to look out for others on the road.
If comparative negligence is established, a bicyclist can still recover compensation, but their total settlement will be reduced according to their percentage of fault. For example, if the cyclist is determined to be 20% at fault, they would receive 80% of the awarded damages. Our left-turn bicycle accident attorneys work diligently to minimize any fault unfairly assigned to you and maximize your compensation.
Important Steps After a Left-Turn Bicycle Accident
If you've been struck by a left-turning vehicle while bicycling in Pasadena, there are several immediate steps you should take to protect your case:
- Document the Scene: Take photos of the accident scene, your bike, and any visible injuries. This can help your attorney build a strong case.
- Get Witness Information: If there were any witnesses to the accident, get their contact details. Their testimony could be invaluable in proving your case.
- Preserve Surveillance Footage: Check if nearby businesses or traffic cameras captured the accident. Video evidence can be key in establishing liability.
- Seek Immediate Medical Care: Even if you don't feel injured at first, some injuries (like concussions or internal injuries) may not be immediately apparent. Seeking medical attention right away can also document the extent of your injuries, which is crucial for your case.
- Contact McGee Lerer Ogrin: Our experienced bicycle accident lawyers are available for a free consultation. We will work to gather evidence, interview witnesses, and ensure that your rights are protected.
Why Choose McGee Lerer Ogrin?
When you choose McGee Lerer Ogrin to represent you, you’re choosing a law firm that is dedicated to aggressively pursuing the compensation you deserve. We have a proven track record of success in handling bicycle accident cases, particularly those involving left-turning vehicles. Here’s what you can expect from us:
- Expert Legal Representation: Our attorneys specialize in bicycle accident cases and know how to handle even the most complex situations, including when a motorist tries to blame the cyclist.
- No Fee Unless We Win: You don’t pay us unless we successfully recover compensation for you. This means you can get the legal help you need without the financial risk.
- Free Consultation: We offer a free, no-obligation consultation where we will assess your case and provide honest advice about your next steps.
Contact McGee Lerer Ogrin Today
If you’ve been struck by a left-turning vehicle while bicycling in Pasadena, you need an experienced legal team on your side. At McGee Lerer Ogrin, we take pride in representing injured bicyclists and ensuring their rights are protected. Our firm operates on a contingency fee basis, meaning you pay nothing unless we win your case.
Don’t wait—your path to recovery starts here.
Schedule a free, no-obligation consultation with a trusted left-turn bicycle accident attorney in Pasadena. Call us today at (626) 642-9302 or fill out our online form to get the legal help you need.
