Allowing Bikes To Use Stop Sign as a Yield Sign

Every day, thousands of bike riders across California slow as they approach stop signs. They look both ways. If there is traffic, they stop; if not, they roll safely through the intersection. 

Right now, this is illegal under California law. The Bicycle Safety Stop Bill (AB 1713, Boerner Horvath) will make his commonsense bike rider behavior legal. A similar bill passed the California Assembly and Senate in 2021, only to be vetoed by Governor Gavin Newsom. We are hopeful that a revised version, which legalizes the Bicycle Safety Stop for bike riders aged 18 and up, will get the support to become law in 2022.

Data from Delaware shows that collisions involving bikes at intersections went down by 23% after the state adopted the bicycle safety stop.

You might know the stop-as-yield as the Idaho stop because Idaho was the first state to legalize it, way back in 1982. It’s time for California to make the Bicycle Safety Stop legal, too.

4 reasons to support the Bicycle Safety Stop Bill

1. Safety. Our streets are safer when everyone knows what to expect from each other. Legalizing the commonsense move of slowing and rolling through a stop sign on a bike reduces conflicts between bike riders and car drivers.

2. Uniformity. California’s neighboring states have adopted similar laws. The bicycle safety stop will help bike riders throughout the West know what to expect.

3. Respect. A minority of car drivers will use any excuse to stereotype people who ride bikes as outlaws. These anti-bike attitudes lead to harassment and threatening behavior on the streets and, in a few cases, to outright violence against bike riders. Legalizing the safety stop recognizes the rights of people on bikes to share the streets and affirms that they are riding responsibly when they practice the bicycle safety stop.

4. Equity. Like other minor infractions, failure to stop is disproportionately enforced against poor and BIPOC people. Removing the infraction takes away one tool of oppression.

For More Information on the Bicycle Safety Stop Campaign or to see a video explaining the bicycle stop-as-yield law, please visit Calbike.

1. BE VISIBLE

Riding at Night- California Vehicle Code Section 21201 (d) provides the requirements for cyclists riding at night. A bicycle operated during darkness shall be equipped with all of the following:

• Front lamp emitting a white light

• Rear red reflector

• Reflector on each pedal, shoe, or ankle

• Reflector on each side forward of the center of the bicycle, and a reflector on each side to the rear of the center of the bicycle.

Riding During the Day- It's just as important to stay visible during the day. Many motorists look past or through cyclists, often leading to a bike accident. I recommend wearing a bright reflective jersey and always having a rear blinking red light. When you are passing motorists that are coming from perpendicular streets try to make eye contact or give them a wave, to make sure they see you. If a motorist sees you, you are a lot less likely to get in a bike accident.

2. BE PREDICTABLE

One easy way to be predictable is to follow the law. That means riding in the same direction of traffic, on the right hand side of the road or in a bike lane, and using hand signals to indicate you are turning. Never dart out into traffic or weave in and out of cars when you are passing through traffic. If you are riding predictably, you are also more likely to be visible to other motorists, and less likely to get in a bike accident. 

3. WEAR A HELMET

California Law only requires persons under the age of 18 to wear a helmet. However, everyone riding on the road should be wearing a helmet. They may not always look "cool", but they can definitely save your life. In 91% of bicycle accident fatalities, the cyclist was not wearing a helmet. What more do you need to know? 

4. SCAN AHEAD

It's always important to be scanning ahead of you to avoid potential hazards in the road. Be on the lookout for debris in the roadway, pedestrians, animals, and other vehicles that may be entering into or exiting the roadway. The more advanced notice you have of a potential hazard helps you avoid having to make a last second erratic decision that could lead to a bike accident. Also, if you are riding in a group, remember to use your hand signals to alert cyclists behind you of any upcoming hazards.

5. LEAVE ROOM ON YOUR RIGHT

A very common accident that occurs in urban areas is "dooring". Being "doored" happens when you are riding on the street next to a parked car, the passenger opens the car door, and you have no time or space to avoid hitting the door. To avoid this type of bike accident, simply ride next to parked car with at least a car door's distance between you and the car. It's also a good idea to scan ahead and pay extra attention to signs that someone may be exiting their car, like cars that have recently parked or if you see brake lights on a parked car. 

How Underinsured and Uninsured Insurance Comes Into Play After an Accident

When a cyclist is involved in an accident with a motor vehicle, the settlement is usually paid by the at-fault driver’s insurance policy. However, when that policy doesn’t sufficiently make the injured party “whole”, you need to look to other avenues for recovery. If the at-fault driver has any assets, your bike accident attorney can demand that the driver contribute personally to the settlement or seek to recover against the driver directly once a judgment has been obtained.

However, in most instances when a party is underinsured (ie. they have the state minimum $15,000 policy limit) or uninusred, they usually don’t have any recoverable money or assets. In a sense, they are “judgment proof.”  This scenario is all too common in California. That’s why it’s important  that you take steps to protect yourself through your own insurance policy. Most motor vehicle policies will cover you if you’re involved in an accident with a motor vehicle while on your bike. (You can call your insurance agent to confirm this coverage on your policy). To protect yourself from underinsured and uninsured motorists, you need to make sure that you have high underinsured and uninsured motorist coverage on your auto policy. I recommend getting at least $100,000 in underinsured and uninsured coverage in case you are involved in an accident with an underinsured or uninsured motorist.

Below is an example to show you how it could work.

Cyclist is struck and injured by Bad Driver Bob. Cyclist is seriously injured, fracturing his collar bone and tibia/fibula. Bob only has the State minimum $15,000 coverage on his car and has no assets. Bob’s insurance company quickly tenders the $15,000 to Cyclist, however this does not come close to compensating Cyclist for his medical bills, lost wages,  pain and suffering, etc. Fortunately, Cyclist has $300,000 in underinsured coverage on his auto policy. After settling with Bob’s insurance carrier, Cyclist’s bike accident attorney tenders the claim to Cyclist’s own auto policy and Cyclist’s attorney is able to recover $285,000 ($300,000 UIM less the $15,000 already recovered from Bob’s policy) from Cyclist’s own policy.

As you can see from the example above, even though the at-fault driver had a minimal policy and no assets, if you take the proper steps to protect yourself through getting high UIM and UM coverage on your auto policy, you may be able to recover from your own insurance policy to help make you whole (or at least closer to whole) for your bike accident injuries.

If you’ve been involved in a serious bicycle accident, then you likely have also incurred significant medical bills. It can be overwhelming for the injured cyclist as the medical bills start to pour in following the accident.  Fortunately, there are a number of things that your attorney can to do alleviate some of your stress related to these bills.

First, if your attorney contacts your medical provider and advises them that the treatment and bills incurred following your bike accident are related to an accident, often the medical provider will place these bills on a lien (and wait to get paid until after your case has been resolved). This helps buy you some time by eliminating your need to scrape together enough money to pay these bills immediately.

Another way that your bike accident attorney can help you with your medical bills is by finding future medical providers that will agree to work on a lien prior to providing treatment. An example of this would be if an injured cyclist requires expensive surgical procedures to treat a tibia/fibula fracture following a bike accident. Often the out of pocket costs for this surgery can be too expensive (even when you have insurance). Fortunately, there are some providers who are willing to work on a lien for their services when an attorney is involved and representing you for your accident case. Again, this allows you to get the necessary medical treatment without having to worry about the bills until after your case resolves.

Lastly, once your case has resolved, bike accident attorneys are often able to significantly reduce any medical provider liens or rights to reimbursement claimed by your insurance carrier. Be weary of any attorney that claims working to reduce your medical bills is not part of their agreement. In fact, this is one of the most important jobs of an effective personal injury attorney.

We have had tremendous success in having lien holders and insurance companies greatly reduce or even waive their liens or rights to reimbursement for his clients. Remember, any reduction of your bills will help maximize your recovery. If you’ve been injured in an accident and have a question regarding medical bills feel free to contact us via phone (619-944-1219) or email (cabikeattorney@gmail.com).

A "sharrow" is a share the road arrow that alerts other traffic that cyclists are allowed to occupy the entire lane of traffic.

You normally find sharrows on narrow traffic lanes where there is no bike lane present and there is a small shoulder on the right side of the lane. Sharrows encourage cyclists to ride in the center of the lane to avoid riding too close to the “door zone” and discourage unsafe passing within the same lane by motorists. An example of this would be on Pacific Coast Highway riding southbound through Leucadia or riding northbound on Market Street in San Francisco (like the photo seen above).

Riding along North County coastal roads is one of the many wonderful things about living in this beautiful area. One popular North County coastal route is to ride from Oceanside through Camp Pendleton up to San Onofre (and then on to Orange County). The beauty of this ride is that you can always take the train back if your legs run out of steam once you are up in Orange County. Check the Pacific Surfliner schedule for train times. The Camp Pendleton route offers a roadway that is not heavily traveled by motorists. Once you exit the base, you come out at the Las Pulgas Road exit which provides a protected bikeway that leads to the San Onofre parking lot where you can continue on or take a pit stop to enjoy the sweeping coastal views.

Traveling through Camp Pendleton by bike used to require nothing more than presenting your California driver’s license to the main security gate entrance. That is no longer the case. If you are a recreational cyclist, in order to enter Camp Pendleton on your bike you must first obtain a DBIDS Recreational Bicycle pass/credential in person from the Marine Corps Visitor Center. The Camp Pendleton Visitor Center is located in Bldg. 20255T, adjacent to the Main Gate near Interstate 5. You may only obtain a pass during business hours (Mon., Tue., Thur., and Fri. - 7:30am - 3:30pm; Wed. - 7:45am - 3:30pm). Be sure to bring the proper documentation with you or you will not be provided with a pass. See below for what documents they accept for your recreational cycling pass application.

Once you have obtained a DBIDS Recreational Bicycle pass/credential, you are permitted to enter the base, but you are only authorized to access the base for bicycle transit and may not participate in any other activities. Click here for a map of the permissible bike route. The pass is good for one year.

Some cyclists who show up to the base unprepared, decide to take their chances and ride along the side of the freeway from the Camp Pendleton exit to the Las Pulgas Road exit. Not only are cars not expecting to see bikes along the freeway, the side of the freeway is often littered with debris that can easily puncture your tire or cause an accident. This is very dangerous and I highly recommend avoiding riding along the freeway whenever possible.

For additional questions regarding entering Camp Pendleton as a recreational cyclist, contact the Marines.

The California legislature passed a law that mandates vehicles to provide at least 3 feet of distance between any part of their vehicle and a bicycle when passing them on a roadway. Although the statute is not perfect, it's a step in the right direction. Any experienced road cyclist is undoubtedly familiar with the harrowing experience of being "buzzed" by a vehicle that speeds by at an unsafe distance. California Vehicle Code Section 21760 aims to prevent this type of unsafe driving by providing clearer guidelines on how and when to safely pass a cyclist traveling in the same direction. As long as motorists respect this new law, it should improve cyclist safety on the road and lower the amount of bike accidents that occur on California roadways. For your reference, below is the exact statutory language.

21760.  (a) This section shall be known and may be cited as the

Three Feet for Safety Act.

   (b) The driver of a motor vehicle overtaking and passing a bicycle

that is proceeding in the same direction on a highway shall pass in

compliance with the requirements of this article applicable to

overtaking and passing a vehicle, and shall do so at a safe distance

that does not interfere with the safe operation of the overtaken

bicycle, having due regard for the size and speed of the motor

vehicle and the bicycle, traffic conditions, weather, visibility, and

the surface and width of the highway.

   (c) A driver of a motor vehicle shall not overtake or pass a

bicycle proceeding in the same direction on a highway at a distance

of less than three feet between any part of the motor vehicle and any

part of the bicycle or its operator.

   (d) If the driver of a motor vehicle is unable to comply with

subdivision (c), due to traffic or roadway conditions, the driver

shall slow to a speed that is reasonable and prudent, and may pass

only when doing so would not endanger the safety of the operator of

the bicycle, taking into account the size and speed of the motor

vehicle and bicycle, traffic conditions, weather, visibility, and

surface and width of the highway.

   (e) (1) A violation of subdivision (b), (c), or (d) is an

infraction punishable by a fine of thirty-five dollars ($35).

   (2) If a collision occurs between a motor vehicle and a bicycle

causing bodily injury to the operator of the bicycle, and the driver

of the motor vehicle is found to be in violation of subdivision (b),

(c), or (d), a two-hundred-twenty-dollar ($220) fine shall be imposed

on that driver.

   (f) This section shall become operative on September 16, 2014.