Managing Partner
Drivers often fail to see cyclists because of blind spots, distractions, poor mirror checks, or difficulty judging a cyclist’s speed and distance. When a driver does not notice a cyclist until it is too late, a routine turn or lane change can cause a serious bicycle accident.
Cyclists are smaller and less visually prominent than cars, but drivers still have a responsibility to watch for them. When a driver’s inattention causes a crash, the injured cyclist may be able to pursue compensation under California law.
Why Do Drivers Fail to See Cyclists?
A driver can look in the direction of a cyclist without fully registering that the cyclist is there. This is sometimes described as a “looked but failed to see” error. Drivers who are primarily watching for other cars may overlook a bicycle, particularly at busy intersections or when several things are competing for their attention.
Other common factors include:
- Blind spots: Cyclists can disappear from a driver’s view alongside or slightly behind a vehicle.
- Distracted driving: Phones, navigation systems, passengers, and other distractions can take a driver’s attention away from the road.
- Failure to check mirrors: A quick or incomplete mirror check can cause a driver to miss a cyclist before turning or changing lanes.
- Speeding: Higher speeds give drivers less time to recognize and react to a cyclist.
- Misjudging distance or speed: Drivers may see a bicycle but incorrectly assume they have enough time to turn or cross the cyclist’s path.
Visibility can become even more challenging in heavy traffic, at night, or when parked vehicles and other obstacles partially block a cyclist from view.
What Bicycle Accidents Are Commonly Caused by Driver Inattention?
Some types of crashes are particularly likely to occur when motorists fail to watch for cyclists:
- Left-turn collisions: A driver may turn across the path of an oncoming cyclist after failing to see the bicycle or misjudging its speed or distance.
- Right-hook accidents: A vehicle may pass or travel alongside a cyclist and then turn right across the cyclist’s path.
- Dooring accidents: A driver or passenger may open a vehicle door into the path of an approaching cyclist.
- Lane-change collisions: A driver who does not check mirrors and blind spots may move directly into a cyclist traveling beside the vehicle.
- Intersection collisions: Drivers may overlook cyclists while watching vehicles, pedestrians, traffic signals, and other activity at an intersection.
These crashes can cause significant injuries. Without the protection of a vehicle around them, cyclists may suffer fractures, spinal injuries, traumatic brain injuries, or other catastrophic injuries when struck by a car or thrown onto the roadway.
Who Is Liable When a Driver Fails to See a Cyclist?
A driver may be liable when their failure to use reasonable care causes a bicycle accident. Establishing negligence generally requires evidence showing what the driver did before the crash and how that conduct contributed to the cyclist’s injuries.
Depending on the accident, evidence may include:
- Police reports and witness statements
- Traffic or surveillance camera footage
- Photos of the vehicles, bicycle, roadway, and surrounding area
- Cellphone records when distracted driving is suspected
- Vehicle damage and physical evidence from the scene
California follows a comparative fault system. That means compensation can be divided according to each party’s share of responsibility. Even if an insurer argues that a cyclist contributed to the accident, that does not necessarily prevent the cyclist from recovering compensation.
Liability can also extend beyond the driver in some cases. Dangerous road design, defective equipment, or another party’s negligence may have contributed to the collision.
How Can Casper, Meadows, Schwartz & Cook Help After a Bicycle Accident?
When we handle a bicycle accident claim, we investigate how the collision happened and identify the evidence needed to establish responsibility. That may involve reviewing photographs and video, speaking with witnesses, examining vehicle damage, and working with appropriate professionals to reconstruct a serious crash.
Our firm has experience handling serious car accident and bicycle collision claims, including a $1 million case involving a cyclist who was struck when a distracted truck driver made an illegal right turn.
We evaluate the full effect of your injuries, including medical expenses, lost income, future care needs, and other accident-related losses.
Injured Because a Driver Failed to See You? Talk to Us
A driver saying, “I didn’t see the cyclist,” does not necessarily excuse a collision. Drivers are responsible for paying attention to the road and taking reasonable precautions around people riding bicycles.
If you were injured by a driver while cycling in California, contact us at Casper, Meadows, Schwartz & Cook. We can investigate what happened, explain your options, and pursue compensation from those responsible for your injuries.