Liability is established by California law. Automobile drivers are required to follow the law. You can assume that they’re going to follow the law. There’s a jury instruction that says you’re allowed to assume that you can ride safely and people are going to follow the law. In California, there’s a specific rule that you’re supposed to have 3 feet of distance between a car and the bike rider. People have to obey that law along with all the other laws. If you’re in a crosswalk, if you’re in a bike lane, you’re extra protected. So, that’s why it’s important to get the attorney involved. Make sure the exact location, the exact timing of the stop lights or stop signs, whatever traffic controls are identified so that the scene is well established and you can make a claim for a car who causes the accident. Or if there’s a problem with the road or the light timing, something like that, there could be public entities that have responsibility. The crosswalk and the bike lanes protect you.
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