Are bicyclists subject to the same rules as motor vehicle drivers? Ask the lawyer

Q: I have wondered about these questions for some time: Are bicyclists subject to the same rules of the road set forth in the vehicle code as motor vehicle drivers? It is rare to see a bicyclist (either solo or in groups) stop at a stop sign. What would my liability be if I collided with a bicyclist who was running a stop sign?

P.S., Woodland Hills

Ron Sokol

A: The California Bicycle Law is found at California Vehicle Code Section 21200. This statute imposes on bike riders the same duties and responsibilities as motor vehicle drivers, including to follow traffic signals, stopping at stop signs and obeying speed limits.

On first impression, a bicyclist going through a stop sign who runs into your car, or you run into him or her, should have liability; indeed, he or she violated the law. In California, however, we have “comparative fault.” Thus, if credible argument can be made that you should have seen the bicyclist, or you did but failed to yield or stop — in other words, there is something for which you could legitimately be blamed — then some portion (even modest) of fault could be attributed to you. In that event, if the bicyclist has $1,000 in damages, and you are deemed 20% to blame, you owe 20% of $1,000 ($200). By the same token, is there any harm to your vehicle and/or to you?  Did you have to abruptly stop and in so doing wrenched your neck or shoulder?  Perhaps you have a cross claim, and the bicyclist is primarily on the hook for your damages.

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Q: Does California law require a bicycle to have some kind of lights at night?

B.K., Redondo Beach

A: The answer is found in Vehicle Code Sections 21201(d) subsections 1 through 4, and 21201(e). While summarized below, review of the code’s actual language is advisable:

A bicycle operated during darkness upon a highway, sidewalk (if permitted) or a bikeway shall be equipped with: (a) a white headlight visible from the front; (b) a red reflector (or a red light with either a solid or flashing reflector) visible from the rear; (c) a white or yellow reflector on each pedal, or on the bicyclist’s shoes or ankles that is visible from the front and rear; (d) a white or yellow reflector on the front half of the bike, and a red or white reflector on each side of the back half portion of the bicycle (note, these reflectors are not mandated if the bike has tires that are reflectorized); and (e) although not required, some cyclists utilize flashing front and rear lights during the day to increase their visibility.

Safety

The DMV has a useful link online about bicycle and pedestrian safety: Simply type “California DMV, bike and pedestrian safety” in your web browser.

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