Auto & Bike Accidents

Can Bicycles and Scooters Be at Fault in an Accident?

Short answer: yes. California's traffic rules apply to cyclists and scooter riders too, and being on two wheels does not automatically make you the victim.

The Law Treats Bikes and Scooters Like Vehicles

Under the California Vehicle Code, bicyclists are subject to most of the same rules as drivers. They must stop at stop signs, yield when required, signal turns, and stay off sidewalks in many municipalities. Electric scooters, the rentable kind and personal ones alike, fall under their own set of rules, but the same principle applies: a rider can be partially or fully at fault for a collision.

Common Ways Cyclists and Scooter Riders End up Partially at Fault

  • Running a stop sign or red light
  • Riding against traffic on the wrong side of the road
  • Failing to signal a turn
  • Riding on a sidewalk where it's prohibited
  • Weaving between cars or splitting through a stopped queue
  • Riding at night without required lights or reflectors
  • Riding under the influence of alcohol or drugs

California Is a "Pure Comparative Fault" State

This is where things get interesting. Unlike some states, California does not bar you from recovering simply because you were partially at fault. If a jury finds you twenty percent at fault for a crash, your damages are reduced by twenty percent, but you still recover the other eighty percent.

That matters because insurance companies often try to pin a much higher share of fault on the cyclist or scooter rider, hoping to either eliminate the claim or knock it down to nuisance value. A real attorney's job is to push back with evidence: video footage, witness statements, scene measurements, and accident reconstruction when the case is serious enough.

What to Do After a Bike or Scooter Accident

  1. Get medical attention immediately, even if your injuries feel minor. Head injuries can be delayed.
  2. Call the police and get a report. Two-wheel collisions are often disputed later, and the report helps.
  3. Take photos of everything: your bike or scooter, the vehicle, the road, your injuries, signs and signals.
  4. Get the driver's information: license, insurance, registration. And the names of any witnesses.
  5. Preserve the equipment. Do not throw out your damaged bike, scooter, helmet, or clothing. They can be evidence.
  6. Don't talk to the driver's insurance company until you've spoken with an attorney.

If You Were the Cyclist or Rider

Being on a bike does not automatically make you a sympathetic plaintiff, but it doesn't make you the villain either. Each case turns on what actually happened. We've handled cyclist cases where our client was hit while doing everything right, and we've handled cases where the cyclist made a mistake but the driver still bore most of the responsibility. The point of the lawyer is to figure that out honestly and to negotiate from the strongest position the facts support.


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