Determining Liability When a Driver Makes a Right Turn Into a Bicyclist
Some bicycle accidents happen because the driver never even saw the bicyclist right next to them. Right-hook collisions happen when a driver turns across a bicyclist’s path while turning right. These crashes are very dangerous for bicyclists, putting them at risk of serious head injuries, broken bones, and other injuries. Victims can find out if they’re entitled to compensation by reaching out to a bicycle accident attorney.
At Moga Law Firm, we strive to help injured accident victims fight for fair and full compensation. Attorney Scot Thomas Moga has spent more than three decades fighting for his clients, pursuing compensation via negotiations and jury awards. To discuss your accident and legal options with our bicycle accident law firm, call us at 909-931-2444 now.
What is a Right-Hook Accident?
A right-hook accident occurs when a car and bicycle are traveling in the same direction. The bicyclist may be in a bike lane or in the right lane when the driver pulls up next to them or passes them. The bicyclist continues straight at an intersection or past a driveway, and the car turns right across the cyclist’s path. The driver either strikes the bicyclist directly or cuts in front of them so suddenly that the bicyclist cannot avoid a collision.
Duties California Drivers Have Before Turning Right
Before turning right, California drivers have an obligation to ensure that they can complete their turn safely. Per California Vehicle Code 22107, a driver cannot turn on a roadway unless the movement can be made with reasonable safety. If a driver plans on turning right but completing that turn would mean hitting a bicyclist or forcing them to stop, that likely does not meet the standard of “reasonably safe.”
Your bicycle accident lawyer may ask several crucial questions to determine whether the driver acted with reasonable caution. They may ask whether the driver checked their mirrors and blind spots, used their turn signal, or accounted for a bicyclist traveling nearby before starting their turn.
Drivers Entering Bike Lanes Before Turning Right
In some cases, cars can enter a bike lane before turning right. California law typically requires drivers making a right turn to enter the bike lane before turning when the bike lane is separated from regular traffic lanes by a broken line. Typically, drivers can enter the bike lane about 200 feet before a turn.
However, the fact that the law allows drivers to enter bike lanes under certain circumstances doesn’t mean that drivers can just cross through or into an occupied bike lane. A driver still has a legal obligation to change lanes and complete their turn safely.
When Drivers May Be Liable
A driver may be liable for a right-hook accident if they took unreasonable risks when turning. Examples include:
- Changing lanes without checking for bicyclists
- Passing a cyclist and immediately turning in front of them
- Failing to signal when changing lanes
- Misjudging a cyclist’s speed
- Moving across the bicyclist’s lane without proper clearance
While a traffic citation may not prove negligence, it can be a useful piece of evidence.
When a Bicyclist May Share Fault
Drivers aren’t automatically responsible for all right-hook crashes. California is a pure comparative negligence state. If an injured person is partially responsible for an accident, they may still recover compensation. However, it may be decreased in proportion to their share of liability.
A bicyclist may share fault if they were riding against traffic, entered the intersection against a red light, passed unsafely, suddenly moved into the vehicle’s path, or did not use legally required lighting at night.
Why These Cases Hinge on Timing and Position
A few seconds can make a significant difference in a right-hook case, which is why so many victims reach out to bicycle accident attorneys. Investigators may look at whether the driver had already merged into the bicycle lane safely before starting their turn, whether the bicyclist was visible, and who reached the turn location first. Liability for a crash can change quickly if a cyclist approached after a driver already started to turn, versus a car overtaking a cyclist and cutting them off by turning in front of them.
Discuss Your Concerns With a Bicycle Accident Lawyer in California Now
If you were hit by a reckless driver making a right turn, you could be entitled to compensation. Our bicycle accident law firm is here to learn more about your case and help you plan your next steps. Reach out online or call us at 909-931-2444 now.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
