Legal Question in Traffic Law in California

Bicycle law

I was driving into an intersection that did not contain stop signs or traffic lights in any direction. There was a SUV turning left (on my left) as I was passing him on his right when a bicyclist hit my car on the driver's side. Since he was turning left, it was understandable why he had slowed to a stop and since the biker was riding her bike along the crosswalk she did not see me until she hit the front left panel. My question is since she was riding her bike in a crosswalk and she wasn't on the main road (which I was), who is at fault?

I have done some research online and it appears that one must walk their bike on a crosswalk. Please advise.


Asked on 5/07/03, 12:20 am

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Bicycle law

Thank you for your posted inquiry.

Although cyclists have the right of way, they are subject to the rules of the road, and as you've stated, have to walk their bike at a crosswalk (and are at that point pedestrians). I'd say that the cyclist was "negligent per se", due to their violation, and thus are liable for your damages. Whether or not there is anything to collect, however, is another story.

I hope that this information helps, but if you have more questions, want more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. Best of luck, and I�m happy to help you in any way that I can.

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Answered on 5/08/03, 6:47 pm


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