Bicyclists have the same right to be on the road as drivers of automobiles. However, they face the threat of serious injuries from a bicycle accident that other drivers do not face. As a commuting/urban cyclist in San Francisco, Attorney Morin is very familiar with the dangers that cyclists face in an urban environment on a daily basis. She is committed to helping cyclists assert their rights if they have the unfortunate experience of being in a bicycle accident.

Cyclists in the Bay Area are a key element to the “green movement,” and Ms. Morin makes an extra effort to reach out to people in the community (specifically cyclists, pedestrians and even motorcyclists) who are taking steps to help preserve the environment. It is unfortunate that such persons tend to be more vulnerable to injury accidents, as they are not shielded by thousands of pounds of metal and plastic like people in cars, but they have to face those vehicles on the road daily.

How to Avoid a Bicycle Accident

Bicyclists need to be more alert than others while traveling, especially in an urban environment. Of course, they need to obey all applicable traffic laws but there are also other things that they can do to stay safe. For example, cyclists might consider getting a loud bell or horn and using it if appears that a motorist doesn’t see the cyclist approaching. Cyclists should also expect that cars will not see them and give themselves plenty of room to stop. If you are going to cycle at night, make sure to wear reflective gear and a headlight and taillight (which are required by California law) so that other drivers can see you.

There is a lot that you can do as bicyclist to avoid having a bicycle accident. However, motorists also have an obligation to help keep you safe. Specifically, California law and city code both prohibit parking or standing in bike paths, except in certain circumstances. California Vehicle Code 21211 prohibits parking or standing in bike paths. The San Francisco traffic code is more specific and provides:

San Francisco Traffic Code 38.N. reads:

a) No person shall park any vehicle such that any portion of the vehicle is within a marked bicycle lane. No person shall block any portion of a marked bicycle lane with his or her vehicle on weekdays from the hours of 7:00 a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m. Any person violating this Section shall be subject to a fine of $100. The Department of Parking and Traffic may install signs or otherwise alert motorists of this prohibition and the fine.

(b) This Section shall not apply to vehicles engaged in emergency services including, but not limited to, fire engines, police vehicles and ambulances.

(c) This Section shall not apply to public utility vehicles while such vehicles are operating, maintaining, or repairing facilities of the public utility or are being used in connection with providing public utility service.

(d) This Section shall not apply to commercial vehicles if an exemption is reasonably necessary to load or unload merchandise or passengers at any hours except between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.

What to Do if You are In a Bicycle Accident

Bicycle accidents can happen no matter how skilled the cyclist or how careful the he or she is to stay safe. If you are in an accident you should seek prompt medical treatment for any injuries that you have sustained. Make sure to get the insurance, driver’s license and vehicle information from any drivers involved in the collision (if the police make a report, they will usually obtain this information for you). Assuming there is some injury, you should also contact the police and have an accident report written up just as you would if the accident involved two motor vehicles. If anyone witnessed the accident, you should do your best to obtain those persons’ contact information. Liability is very often contested by motorists in bicycle accident cases, so witnesses can be the key factor in proving liability. If possible, take photos of the accident scene (cell phones are good for this purpose), and later of your injuries and the damage to your bike.

What NOT to do if You Are in a Bicycle Accident

It is important to remember that most motorists and even many police officers do not understand the details about bicycle accidents. Therefore, if at all possible, you should not get adversarial or argumentative with them at the scene; you should simply state the facts of the accident and try to identify witnesses. Make sure to contact an experienced San Francisco bicycle accident attorney, like Sally Morin, who understands all of the applicable laws and can best represent your interests. Also, it is important that you do not fix your bike or talk to the insurance company without first consulting your attorney.

When you are choosing an attorney make sure that you are speaking to someone who respects bicyclists and understands the law surrounding bicycle accidents. An experienced San Francisco personal injury attorney and avid urban cyclist (and member of the San Francisco Bicycle Coalition), Attorney Morin knows how to protect your interests.