Passing-From-Behind Bicycle Accident Lawyer in Santa Monica

Injured in a Passing-from-Behind Bike Accident in Santa Monica?

One of the most common causes of bicycle accidents that our Santa Monica personal injury lawyers see involves a bicyclist being struck by a car which is passing from behind the cyclist. In California and the United States, this is the top cause of adult bicyclist fatalities.

The Law that Applies to Passing-from-Behind Bicycle Accidents

California Vehicle Code Section 21760, known as the "Three Feet for Safety Act," sets forth the law which applies to passing-from-behind bicycle accidents. Section 21760 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.

(d) If the driver of a motor vehicle is unable to comply with subdivision (c) due to traffic or roadway conditions, the driver shall slow to a speed that is reasonable and prudent, and may pass only when doing so would not endanger the safety of the operator of the bicycle, taking into account the size and speed of the motor vehicle and bicycle, traffic conditions, weather, visibility, and surface and width of the highway...."

Insurance Companies Blame Bicyclists for Passing-from-Behind Bike Accidents

The vehicle driver and his or her insurance company will usually attempt to blame the bicyclist for the accident by claiming that the motorist was driving at a safe distance from the bicyclist, and that the cyclist suddenly veered into the car's path. It is critical after this type of accident to immediately begin gathering evidence to refute the motorist's bogus claim. Did any witnesses see the accident happen or hear any statements made by the motorist at the scene? Witnesses need to be immediately located and their statements preserved, before their recollections of the accident diminish or are tainted by conversations with the driver's insurance company. Did a video surveillance camera capture the accident? Any surveillance footage needs to preserved before it is recorded over.