What are California Bicycle Laws?
What are California Bicycle Laws?
California’s roadways are shared spaces where cyclists and motorists coexist, often in close proximity. To ensure the safety of all road users, especially the more vulnerable cyclists, the state has established a comprehensive set of laws governing bicycle use and the responsibilities of drivers when interacting with cyclists. These laws are designed to protect cyclists and promote harmonious road sharing. However, many drivers may not be fully aware of their obligations under these laws, leading to potentially dangerous situations for cyclists.
Here, a California bicycle accident attorney will discuss the state’s bicycle laws, with a particular emphasis on the regulations that drivers must adhere to to keep cyclists safe. We’ll explore the most frequently violated laws and provide insights into how these violations can lead to accidents and injuries.
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The Three Feet for Safety Act
One of California’s most significant laws aimed at protecting cyclists is the Three Feet for Safety Act. This law, codified in California Vehicle Code Section 21760, requires drivers to maintain a minimum distance of three feet between their vehicle and a cyclist when passing.
The Three Feet for Safety Act states that when overtaking a bicycle going the same way, the driver of a vehicle must pass at a safe distance. The distance must not interfere with the bike’s safe operation. The driver must also consider the vehicle and bike’s size and speed, traffic, weather, visibility, and the road’s surface and width.
If the driver of a motor vehicle is unable to comply with this three-foot passing distance due to traffic or roadway conditions, the driver must slow to a reasonable and prudent speed and may pass only when doing so will not endanger the safety of the operator of the bicycle.
Despite the clear language of this law, many drivers continue to pass cyclists too closely, either out of ignorance of the law or impatience. This behavior puts cyclists at significant risk of being struck by vehicles or forced off the road.
Right-of-Way Laws
California Vehicle Code Section 21200 grants cyclists the same rights and responsibilities as motor vehicle drivers. This means that in many situations, cyclists have the right-of-way, just as other vehicles do. However, some drivers fail to recognize or respect this right, leading to dangerous situations.
One common scenario where drivers often violate cyclists’ right-of-way is at intersections. When a cyclist is proceeding straight through an intersection, and a driver is turning right, the driver must yield to the cyclist if the cyclist reaches the intersection first or is close enough to constitute an immediate hazard. This is outlined in California Vehicle Code Section 21801.
Similarly, drivers making left turns must yield to oncoming cyclists proceeding straight, per California Vehicle Code Section 21801. Failure to yield in these situations can result in serious collisions, often with severe consequences for the cyclist.
Another frequently overlooked right-of-way situation involves bike lanes. California Vehicle Code Section 21209 prohibits drivers from driving in a bike lane except to park where permitted, enter or leave the roadway, or prepare for a turn within 200 feet of an intersection. When crossing a bike lane to make a turn, drivers must yield to any cyclist in the bike lane. Violations of this law often occur when drivers use bike lanes as a shortcut to bypass traffic or fail to check for cyclists before crossing a bike lane to make a turn.
Dooring Laws
“Dooring” is a term used to describe the act of opening a vehicle door into the path of an oncoming cyclist. This dangerous action is specifically addressed in California Vehicle Code Section 22517, which states: “No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic.”
This law applies to both drivers and passengers and requires them to check for approaching cyclists before opening their doors. Dooring incidents can cause serious injuries to cyclists, who may be thrown from their bikes or forced into traffic to avoid the suddenly opened door.
Despite the clear language of this law, dooring remains a common cause of bicycle accidents in urban areas. Many drivers and passengers simply forget to check for cyclists or underestimate the speed at which a cyclist may be approaching. Education and awareness campaigns can help reduce these incidents, but it’s ultimately the responsibility of vehicle occupants to ensure they’re not endangering cyclists when exiting their vehicles.
Speed Laws and Their Impact on Cyclist Safety
While speed limits apply to all road users, they are particularly important for protecting vulnerable road users like cyclists. California’s Basic Speed Law, found in Vehicle Code Section 22350, states that “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
This law is especially relevant to cyclist safety. Even if a driver is traveling at or below the posted speed limit, they may still be in violation of this law if their speed is unsafe, given the presence of cyclists or other conditions. For example, a driver traveling at the speed limit on a narrow road with cyclists present may need to slow down to ensure they can safely share the road.
Speeding reduces a driver’s ability to see and react to cyclists on the road. It also increases the severity of injuries in the event of a collision.
Drivers who exceed speed limits or drive too fast for conditions put cyclists at risk and face significant legal consequences. Speeding can result in fines, points on a driver’s license, and increased insurance rates. In cases where speeding leads to a collision with a cyclist, the driver may face criminal charges and civil liability. A skilled bicycle accident lawyer in California can use criminal convictions to help a civil case in many situations.
Distracted Driving Laws
Distracted driving is a major threat to all road users, but cyclists are particularly vulnerable to its effects. California has some of the strictest distracted driving laws in the nation, designed to keep drivers focused on the road and aware of their surroundings, including cyclists.
California Vehicle Code Section 23123.5 prohibits drivers from holding and operating a handheld wireless telephone or an electronic wireless communications device while driving unless the device is specifically designed and configured to allow voice-operated and hands-free operation. This law applies to all phone functions, not just calling and texting.
For drivers under 18, the restrictions are even more stringent. California Vehicle Code Section 23124 prohibits drivers under 18 from using any electronic wireless communications device while driving, even if it’s equipped with a hands-free device.
These laws are particularly important for cyclist safety because distracted drivers are less likely to notice cyclists on the road, maintain a safe passing distance, or react in time to avoid a collision. A driver looking at their phone for just five seconds while traveling at 55 mph covers the length of a football field – more than enough distance to miss seeing a cyclist and cause a serious accident.
Despite these laws, distracted driving remains a significant problem on California roads. Many drivers continue to use their phones while driving, either out of habit or a mistaken belief that they can multitask safely. Enforcement of these laws is ongoing, with fines starting at $20 for a first offense and increasing for subsequent violations.
Drunk Driving Laws and Cyclist Safety
Drunk driving poses a severe threat to all road users, but cyclists are particularly vulnerable due to their lack of physical protection. California has strict laws against driving under the influence (DUI) of alcohol or drugs, as outlined in Vehicle Code Section 23152.
Under this law, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08 percent or higher. For commercial drivers, the limit is lower at 0.04 percent, and for drivers under 21, there is a zero-tolerance policy with a limit of 0.01 percent.
However, a driver can be charged with DUI even if their blood alcohol concentration is below these limits if their driving is impaired by drugs or alcohol. This is particularly relevant for cyclist safety, as even small amounts of alcohol can affect a driver’s ability to judge distances and react quickly – skills vital for safely sharing the road with cyclists.
Drunk drivers pose a significant risk to cyclists for several reasons. They may have difficulty maintaining their lane, misjudge the speed and distance of cyclists, fail to yield the right-of-way, or react too slowly to avoid a collision. The impaired judgment caused by alcohol can also lead to risky behaviors like speeding or aggressive driving, further endangering cyclists.
The penalties for DUI in California are indeed severe, and they become increasingly harsh with repeat offenses or when injuries occur. For a first-time DUI offense, even without injury, the consequences can be significant. Offenders typically face fines ranging from $390 to $1,000, plus penalty assessments that can triple this amount. They may also be sentenced to up to six months in county jail, though this is often substituted with probation for first-time offenders.
Additionally, their driver’s license can be suspended for six months, and they must complete a three-month DUI program (or a nine-month program if their blood alcohol concentration is 0.20 percent or higher).
For a second DUI offense within ten years, the penalties increase substantially. Fines remain similar, but jail time increases to a minimum of 96 hours and up to one year. License suspension extends to two years, and offenders must complete an 18-month or 30-month DUI program. Third and subsequent offenses within ten years carry even steeper penalties, including up to one year in jail, license suspension for three years, and designation as a habitual traffic offender by the DMV.
When a DUI results in injury to another person, such as a cyclist, the offense can be charged as a felony. Under California Vehicle Code Section 23153, DUI causing injury can result in two, three, or four years in state prison, fines up to $5,000, and license suspension for five years. If multiple people suffer injuries, the prison sentence can increase by one to three years for each additional victim.
In cases where a drunk driver’s actions result in the death of a cyclist, they may face charges of vehicular manslaughter while intoxicated (Penal Code 191.5) or even second-degree murder (known as a “Watson Murder” in DUI cases). Vehicular manslaughter while intoxicated can result in up to four years in state prison for ordinary negligence or up to ten years for gross negligence. A DUI murder conviction can lead to 15 years to life in state prison.
It’s also worth noting that these criminal penalties are separate from any civil liability the drunk driver may face. In cases involving injury or death to a cyclist, the driver may be sued for damages, including medical expenses, lost income, pain and suffering, and, in fatal cases, wrongful death. California law allows for punitive damages in DUI cases, which can significantly increase the financial consequences for the offender.
Despite these strict laws and penalties, drunk driving remains a persistent problem on California roads. Many drivers underestimate the effects of alcohol on their driving abilities or mistakenly believe they can drive safely after “just a few drinks.” This misconception puts cyclists at risk every day.
Speak with a California Bicycle Accident Lawyer
If you’ve been involved in a bicycle accident or have questions about your rights as a cyclist on California roads, it is always beneficial to speak with a California bicycle accident lawyer.
An experienced California bicycle accident attorney will listen to your story, review your case, and provide you with expert advice on how to proceed. Don’t hesitate to seek legal advice from an experienced California bicycle accident attorney to protect your rights and contribute to making our roads safer for all users in the state.