Frequently Asked Questions
Q: What are my rights as a bicyclist?
A: Bicyclists were granted the right to use the roadways before the automobile was invented. Whether competitive or recreational, bicyclists have every legal right to responsibly use public roads in every state of the union and every country of the world.
Q: What are my responsibilities as a bicyclist?
A: Since bicyclists have the same rights as motorists, the same is true when it comes to responsibilities. Obey all traffic laws, use hand signals, ride with traffic, equip yourself and/or your bicycle with the correct lights, don't drink and ride. It's simple, just think of yourself as a self-propelled motorist and act accordingly.
Q: What rules apply to bicyclists?
A: The Vehicle Code details rules and laws that apply specifically to bicyclists, including proper equipment, helmets, use of hand signals, use of bike lanes, etc.
Q: Do I need a bicycle license for my bike?
A: As stipulated in Vehicle Code 39002, "A city or county may adopt a bicycle licensing ordinance or resolution providing that no resident shall operate any bicycle on any street, road, highway, or other public property within the city of county, unless such bicycle is licensed in accordance with this division." Contact your local police department to find out what's required in your area.
Q: Do you have any tips for buying a bicycle?
A: Regardless if you're buying a bike for recreation, commuting or racing, you should do your homework. First and foremost, make sure the bike you buy is safe. If it's a new bike, make sure it has not been the subject of any recalls. If it's a used bike, examine it carefully (if possible, take it to a reputable bike mechanic). With second-hand bikes you have to also consider the chance that it might be stolen. If the seller doesn't have an original receipt of purchase, ask for a written receipt with the serial number, date, description and contact information.
Bicycles can range from $40 to $4,000 or more. Your budget will be a large factor in your decision, but also consider how your bike will be used (and how often), storing/securing it (chances of theft increase with many bike commuters), etc. Test ride the bike and make sure it fits you correctly.
Q: Up until what age does my child have to wear a helmet while riding a bicycle?
A: Although everyone riding a bicycle should always wear a helmet, California law requires a child to wear a helmet while riding a bicycle until the age of 18.
Q: I'm thinking of using my bicycle as a way to get to and from work; do you have any suggestions for bicycle commuting?
A: Plan, plan and then plan some more. There are many factors that go into making your bike commute a pleasurable experience. First, safety is key. Plan your route carefully, obey all traffic laws, wear a helmet, make sure you and/or your bike are outfitted adequately light-wise, and that you have what you need to change a flat, just in case. Check your bike weekly to make sure that everything is in top operating shape. Next, you want to be comfortable while riding and while at work. Commuters use various methods to ensure they are dressed appropriately and are hygienically acceptable for the workplace. There is plenty of material available on the web in terms of ways to dress for success as a bicycle commuter. And, don't forget to ensure the safety of your bicycle while you're working. Some facilities provide storage areas (an unused closet, office or even your cubicle). At the very least, lock your bicycle in a well-lit, well-trafficked area.
Q: My wife and I want to share the enjoyment of a leisurely bike ride with our one-year-old daughter and are wondering which is safer, a bike seat or a bike trailer?
A: Basically, it comes down to what you are most comfortable with. That being said, many people feel that for truly young people bike seats are not the best idea. Although the parent rider can break his or her fall, the strapped child simply becomes a fixed extension of the inertia, weight and intensity of the bike's natural fall. Depending on the fall, the child can be whipped to the ground, with a head being the tail of the whip that hits the ground hardest. "Good" trailers come with a flip hitch that causes the trailer to remain upright even if the parent's bike falls or flips. Also, the seats in many of these trailers have a five-point seat belt/restraint system that braces the childe to stay on the seat in the event of a fall or flip. And, the metal frame serves as a protective cage. A brightly-colored trailer makes it most visible, and the roof offers protection from the weather and sunburn.
Q: Can I be ticketed for not following the rules of the road while I'm bicycling?
A: Yes, since bicyclists have all the same privileges and responsibilities as a motorist. According to state law, localities can set reduced fines for bicycle violations, but don't count on it. The best way to avoid a ticket is to obey the traffic laws.
Q: What should I do if I get into an accident?
A: Bicycling can be fun; it can also be dangerous. Knowing what to do in the immediate aftermath can make a huge difference in how well you protect your rights. Click here to learn about 10 things to do after a bicycle accident.
Q: Do I need to hire an attorney if I get into an accident while riding my bicycle?
A: Yes, if you think you have a case. A personal injury attorney experienced in bicycle accident cases can investigate the accident and represent you in a lawsuit, if necessary. Don't contact your insurance company before talking to a personal injury attorney experienced in bicycle accident cases. Insurance companies may use anything you say against you later.
Q: Can I sue the driver of the car that hit me while I was riding my bicycle?
A: If you can establish that it was the driver's fault, you can file a lawsuit. It is also a good idea not to repair the bike and to keep the helmet; you may need them as evidence.
Q: What if a driver didn't actually hit me, but his actions caused my injury?
A: If you can establish negligence on the part of the motorist that caused your accident, you can file a claim.
Q: Can I be sued for a bicycle accident?
A: Because in the eyes of the law a bicyclist has the same responsibilities as a motorist, you can be found liable in your own bicycle accident if your actions violated the vehicle code.
Q: Some friends of mine were recently seriously injured while riding on a highway that was in disrepair. Do they have any recourse?
A: They may have a case if they can establish that the road (or any public or private property) was left in a condition that could prove dangerous. In cases such as this, there must be proof that the owner of the property (in this case, a public entity) either created the danger or should have known that the condition was dangerous and didn't do enough to remedy the situation.
Q: What can one expect from filing a lawsuit against a motorist who caused a bicycle accident?
A: An injured bicyclist (plaintiff) can recover damages for medical expenses, wage loss and pain and suffering. If the conduct of the motorist is considered egregious, punitive damages (punishment for the defendant) may be sought.
|