Motorcycle, Bicycle & Pedestrian Accident Lawyer in Beverly Hills, CA
Motorcyclists, bicyclists, and pedestrians share the road with far less physical protection than someone inside a car, and collisions involving them frequently cause serious injury. Common causes include a driver failing to see a motorcyclist or cyclist before a turn or lane change, failing to yield to a pedestrian at a crosswalk, and "dooring" incidents where a parked car’s door opens into a cyclist’s path. Insurance adjusters sometimes carry an unfair bias against motorcyclists in particular, assuming recklessness without evidence — a bias a well-documented claim can directly counter.
Key Points
- California requires drivers to exercise reasonable care around motorcyclists, cyclists, and pedestrians, including specific right-of-way rules at crosswalks and intersections
- A pedestrian struck outside a marked crosswalk is not automatically at fault — California’s comparative negligence rule still applies, and fault depends on the specific circumstances
- California’s "three feet for safety" law requires drivers to leave at least three feet of clearance when passing a cyclist, or reduce speed and pass only when safe if three feet isn’t possible
- Injuries in these cases — road rash, fractures, traumatic brain injury — are often severe and require extensive, costly treatment that should be fully accounted for in a claim
Considerations
- Photographing the damage to a motorcycle or bicycle, along with the broader accident scene, can clarify how a collision occurred
- A rider or cyclist’s own uninsured/underinsured motorist coverage often becomes relevant, since many at-fault drivers carry only minimum liability limits
- Not wearing a helmet, where legally optional, generally does not bar recovery, though it can be raised as a comparative fault factor in limited circumstances depending on the injury
California Law Note
California Vehicle Code § 21760 (the "Three Feet for Safety Act") requires drivers to maintain a minimum three-foot buffer when passing a bicyclist, and to slow to a safe speed and pass only when it can be done safely if three feet of clearance isn’t available — a violation of this statute can be evidence of negligence in a bicycle accident claim.
Related Questions
What if I was partially at fault for my accident?
California follows a "pure comparative negligence" rule, established in Li v. Yellow Cab Co. You can still recover damages even if you were partly at fault — even 50%, 70%, or more — your award is simply reduced by your own percentage of fault. For example, if you’re awarded $100,000 but found 30% at fault, you’d receive $70,000. There’s no cutoff point that bars recovery entirely, unlike some other states.
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