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Bike Laws in Irvine
While the operator of a bicycle generally has to follow the same rules of the road as the operator of a motor vehicle, there are certain additional rules that bicyclists in Irvine must follow. For example, if there is a bicycle lane on the roadway, they must be within the bicycle lane and should signal if they are turning left, and always look to their left.
In addition, even though a motor vehicle operator has to give right-of-way to a bicycle operator, there are times when the motor vehicle operator either does not see the bicyclist or is not paying attention. Therefore the bicycle operator needs to make safety their first concern, including always looking out for other vehicles on the roadway. A lawyer could explain to you how the bike laws in Irvine might affect your claim.
Traffic Laws For Bicyclists
A bicycle operator always has to be wearing an appropriate and approved helmet. Additionally, they should always wear safety gear and clothing that protects them in the event of a fall off the bicycle. In terms of safety gear, they should always have lights on their bicycle especially if operating it at night. Technically, bicyclists are not supposed to ride their bicycle on the sidewalk. They should always be on the right side of the roadway, wearing their helmet and looking out for other vehicles around them.
Justification For Bike Laws
The laws are there primarily to protect the bicyclist, especially the helmet law and rules involving staying on the right side of the road and within a bicycle lane if marked. These laws are not for the convenience of the motorist, it is for the safety of the bicyclist.
Penalties For Bike Law Violations
A bicycle operator can be cited or given a ticket for not following the various bicycle rules of the road. An attorney will know the common citations and can help to contest them. The helmet law is one that is frequently cited. Police officers are very likely to give a ticket to someone who is not wearing a helmet. The traffic laws are there for the protection of the bicyclist, and the motorist has to look out for the bicyclist. However, when someone is operating a bicycle on a roadway, they obviously need to follow the safety laws and practice safety first.
Comparative Fault
The most important issue deals with comparative fault. If a motor vehicle operator veers into the bicycle lane and strikes a bicyclist, then the operator of the motor vehicle should be held one hundred percent at fault. This means a lawyer could bring a liability case against the motor vehicle operator in favor of the bicycle operator.
However, if the bicycle operator veers out of the bicycle lane and then is impacted by a vehicle, a certain percentage of fault is going to be assessed on the bicycle operator. Again, comparative fault is based upon assessing fault in percentages that add up to one hundred percent.
If a bicycle operator moves out of the bicycle lane and then strikes a vehicle, they can be assessed a high percentage of fault, above 50%. That is going to ultimately affect the apportioning of fault in that case. If the bicycle operator is found to be 25% at fault or 50% at fault, then their total amount of damages will be reduced by that percentage.
Comparative fault is always a factor, and anyone in a bike accident in Irvine should consult an attorney who can help the individual evaluate the potential fault. A bicycle operator should always follow the rules of the road and wear their helmet for their safety, and to minimize the amount of fault that would be assessed to them if an accident were to occur.
Discuss Your Claim and the Bike Laws in Irvine with an Attorney
The specifics bicycle laws in Irvine can have an impact on whether you can recover compensation after an accident. Contact a lawyer for more information.