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Bicyclists share the same rights and responsibilities as any other motorist. But it is surprising how many car and truck drivers refuse to recognize this fact. In many cases, other drivers’ negligent conduct on California roadways, cause Bicyclists serious injuries and even death. At the Law Offices of Zev Weinstein we understand the hardships and prejudices facing bicycle accident victims. All too often insurance companies blame the bicycle accident victim rather than accept liability for their insured’s negligent conduct. Typical excuses offered by drivers and insurance companies are that the bicyclist was not wearing reflective clothing, did not have proper lights and reflectors, was too far into the street, or was not obeying traffic laws. At the Law Offices of Zev Weinstein we have heard all these excuses before and are not persuaded by them. California is a comparative law state, which means that each party may recover for the other driver’s proportionate share of fault. Many motorists become frustrated, hostile and aggressive around bicyclists and drive dangerously around bicyclists causing them serious injuries.
In the City of Los Angeles bicyclists have added protection against drivers who harass bicyclists. Los Angles Mayor Antonio Villaraigosa was recently the victim of a bicycle accident at the hands of a taxi driver who cut him off. In the aftermath of the accident, and in furtherance of the City of Los Angeles’ mission to promote green modes of transportation, the City Council unanimously passed an ordinance entitled “Prohibition Against Harassment of Bicyclists”. The new law is codified as Article 5.10, under Chapter IV of the Los Angeles Municipal Code. Any person who assaults, threatens, intentionally injures, distracts, or forces a bicyclist off of the road, resulting in injury to a bicyclist is liable for civil fines in the amount of $1,000, attorney’s fees, costs of litigation, and punitive damages, in addition to damages for medical bills, pain and suffering, lost wages and emotional distress. Under the law, a bicycle accident does not need to be against a motorist, a pedestrian who attempts to harass a bicyclist is also liable. If you have been the victim of bicyclist harassment, please contact an experienced West Los Angeles bicycle accident attorney at the Law Offices of Zev Weinstein for a free, no obligation consultation.