On September 16, 2014, California’s new bike law went into effect requiring motorists to give bicyclists three feet of distance when passing a bike rider. Since the law passed, bicycle collisions continue to occur. Motorists are likely to be cited for breaking the three feet law only if a deputy witnesses the accident. With the initial publicity of the law fading, many drivers remain unaware of the law. And bicyclists will need to continue to look out for drivers coming too close.
Coachella Valley Bicycle Injuries and Fatalities
California ranks number one in bike deaths. Between 2010 and 2012, there was a twenty-three percent increase in bicycle fatalities with 338 fatalities while in other motor vehicle fatalities, there was an increase of only one percent.
In 2013 there were seven bicycle collisions in the Coachella Valley with no deaths. In 2012, there were ten bicycle collisions with one fatality. 2014 continued to be a dangerous year for bicycle riders in Palm Springs and all the other desert cities that make up the Coachella Valley. A sampling of bicycle accidents this past year follows.
December 29, 2014 - A 10-year-old boy was stuck in
Cathedral City while on a bicycle while crossing Ramon Road without using a crosswalk. The boy was allegedly not wearing reflective clothing despite it already being dark at the time.
December 23, 2014 - A bicyclist is injured in Desert Hot Springs when he allegedly runs a red light and is struck by a car.
October 22, 2014 - A bicyclist is struck on Ramon Road in Cathedral City by a hit and run driver. Minutes later, a pedestrian is struck on the same road by three separate hit and run vehicles, one of which is a paramedic vehicle transporting the bicyclist to the hospital. Both victims later die at the hospital.
October 18, 2014 - A vehicle struck a bicyclist traveling in the same direction. The driver was not cited for being in violation of the three-feet law. The cyclist suffered broken bones.
September 30, 2014 - A bicyclist received extensive injuries when he was stuck by a driver in Cathedral City.
April 6, 2014 - A bike rider is killed in a collision with a pickup truck in Coachella.
March 2014 - Another bicyclist dies after being stuck by a car in Twentynine Palms.
February 8, 2014 - During the Tour de Palm Springs cycling race which passes through every city in the Coachella Valley, a cyclist was struck by a truck and horse trailer at an intersection in Thermal and later died at the hospital. There was no police control or tour volunteer at the intersection directing traffic or signage warning riders that cross traffic was not required to stop despite the fact the event has raised millions over the years and has thousands of cyclists riding in it each year.
January 9, 2014 - A 16-year old bike rider was killed when they were hit by a pickup truck in Desert Hot Springs. The driver fled the scene.
One of the desert’s most tragic bicyclist fatalities occurred June 2, 2012 when a well-loved neurologist and Lyme Disease specialist was struck on his bicycle in Indian Wells by a driver arrested on suspicion of DUI. It was already the 21st cycling fatality in Southern California that year.
California’s Three-Feet Bicycle Law, Vehicle Code Section 21760
California’s new Vehicle Code Section 21760 states:
(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 ©, 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), ©, 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), ©, 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.
At the time it was enacted, California was the 24th state to pass a three-feet law to protect bicyclists from harm. Cities across the state are spending money to add more bike lanes. Palm Springs, for instance is spending $1 million over the next three years on bike lane projects.
As indicated in the text of the new law, violators of the new bike law in California can be fined $35 plus fees of $198 if a motorist fails to give a bicyclist 3 feet of space when passing the bike rider. That’s if there’s no injury to the bicyclist. If the cyclist is injured, the fine is $220 and fees can reportedly raise the total up to as much as $959.
In addition, a driver who negligently strikes a bicyclist with his vehicle may be sued by attorneys for the injured cycling victim in civil court and face becoming responsible for all of the cyclist’s medical bills, lost wages and pain and suffering. Due to the likelihood of serious injury when a bicycle rider is struck by a car with little protection except for a bicycle helmet, the total damages incurred can easily exceed a driver’s insurance coverage.
Just as it took motorists years to become aware of and abide by the mandatory seat belt laws, it will likely take a number of years before most drivers are aware of and abide by the three-feet law. Until then, motorists and bicyclists need to work to share the road for everyone’s safety.
If you need a personal injury lawyer for a bicycle accident, or an injury you received in a car, truck, motorcycle or pedestrian accident in Palm Springs, Palm Desert, any other city within the Coachella Valley, Orange County, or anywhere on the coast of California, inland or in the desert, call Attorney Sebastian Gibson at (760) 776-1810 or toll free at (855) WHAT NOW. Put the experience of our law firm on your side and protect your rights.
