What Happens If You Hit a Cyclist with Your Car in California?

Being involved in a collision with a cyclist while driving is frightening and poses significant legal challenges in California. So, what happens if you hit a cyclist with your car in California? Even if it was unintentional, you may be held accountable for the rider’s injuries, property damage, and other losses.

California law requires motorists to share the road with bicycles and to exercise the same care as they would with any other driver. Drivers must understand their legal responsibilities and potential liabilities when they strike a cyclist, along with appropriate actions to take or avoid at the scene.

Hire a Bicycle Accident Lawyer

At Belgum, Fry & Van Allen, we have years of experience handling complex personal injury claims involving bicycle accidents, pedestrian accidents, and motor vehicle collisions across Southern California. We are current with all California traffic laws, and we use our knowledge of the law and our litigation experience to help guide our clients in these high-stakes situations.

Legal Duties of Drivers Toward Cyclists in California

Drivers who operate a motor vehicle have a responsibility to exercise due care when cyclists are on the road. Drivers should treat bicycles as vehicles and as fellow road users. Drivers should also maintain at least three feet of clearance when passing a cyclist, yield when appropriate, and be particularly cautious in areas where cyclists are known to frequent.

Drivers who are reckless with cyclists, such as by speeding, failing to yield the right of way, or turning into a cyclist’s path, can be found liable for a crash.

California Vehicle Code § 21760 states that drivers who are reckless with the safety of cyclists can be cited by law enforcement or have a claim brought against them. Knowledge of a cyclist’s rights on the road can help a driver avoid an accident with a bicycle and the legal ramifications that may follow.

Immediate Steps to Take After Hitting a Cyclist

If you strike a bicyclist with your vehicle in California, you are legally obligated to stop and stay at the scene. Notify law enforcement by calling 911, report the collision, and ask for medical assistance. Provide your name and insurance information to the bicyclist and wait for help to arrive.

Be cooperative, but do not admit fault or speculate on the cause of the accident. Record the scene with photographs and collect witness information, if available. If you leave the scene without providing aid or exchanging information, you could be charged with a hit-and-run violation under California Vehicle Code § 20001, even if the collision was an accident.

Potential Civil and Criminal Consequences for Hitting a Cyclist

Drivers who hit a cyclist can be held civilly and criminally liable for their actions depending on the circumstances. Civilly, you can be responsible for the cyclist’s medical expenses, lost income, property damage, and pain and suffering, which can be a considerable amount.

A driver may face criminal penalties if he or she was drunk, driving recklessly, or left the scene of the accident. Hit-and-run convictions can result in jail time, driver’s license suspension and revocation, and thousands of dollars in fines. In the event the driver is found to be negligent but not reckless, expect higher insurance premiums and potential lawsuits.

FAQs

Do I Have to Call the Police If I Hit a Cyclist in California?

Yes, you have to call the police if you hit a cyclist in California. California drivers are required by law to report all accidents with injury or death. Requesting the police to file a report protects you legally and makes an insurance claim easier. It is also recommended to report minor accidents. You may face criminal charges if you do not report an accident, including a hit-and-run violation for leaving the scene.

Can I Go to Jail for Accidentally Hitting a Cyclist?

If you were intoxicated, driving recklessly, or fled the scene, you could face criminal charges that could land you in jail. If it was an accidental collision and you did everything you were legally required to do after the crash, it’s possible you will not face criminal penalties.

You can still be found financially liable in a civil claim for the cyclist’s injuries and losses without facing any criminal charges.

Will My Insurance Cover the Cyclist’s Injuries?

In most cases, your auto liability insurance will pay for the cyclist’s medical bills, lost wages, and other damages up to the policy limits. In the event of serious injuries, costs could go beyond what your policy will cover. In that event, you may be personally liable for the cyclist’s damages in excess of your coverage. Contact your insurance carrier and speak with an attorney as soon as possible to understand the claims process.

What If the Cyclist Was Partially at Fault?

California is a comparative negligence state, which means both parties can be partially at fault. If the cyclist was riding the wrong way, ran a red light, or was otherwise distracted, the fault may lie with them. In this scenario, a damage award to the cyclist would be reduced by the percentage of fault. You could still owe damages, however, so it’s a good idea to have a lawyer review your potential liability.

Contact Belgum, Fry & Van Allen

Contact with a cyclist can cause personal, legal, and financial ramifications that are incredibly serious. In many cases, an accident with a cyclist can leave the at-fault party liable for the cyclist’s injuries and losses, even when the accident was not intentional or malicious. It is important to know your responsibility as a driver and to take care of yourself and others at the scene in a way that will preserve lives and legal rights.

If you have been involved in a bicycle accident, it is important to speak to an experienced attorney as soon as possible. The seasoned legal team at Belgum, Fry & Van Allen is here to help our clients understand their options and to guide them through the legal process with clarity and compassion.