Wear Trial Law represents cyclists injured in collisions throughout Marin, Sonoma, San Francisco, Alameda, and Solano Counties. Marin’s roads carry heavy recreational and commuter cycling traffic, and collisions here follow predictable patterns that the evidence usually establishes clearly — once someone collects it. Consultations are free.
California’s rules that matter in these cases
The three-foot passing rule. A driver overtaking a cyclist must leave at least three feet of clearance, and where that is not possible must slow and pass only when safe.
Dooring. No one may open a vehicle door into traffic unless it is reasonably safe. Dooring collisions are among the most clear-cut liability cases in this area, and the fault lies with the person who opened the door.
Cyclists have the rights of vehicle drivers. A cyclist lawfully using the roadway is entitled to the same right of way as any other vehicle.
Common collision patterns
The right hook — a driver passing a cyclist and turning right across their path. The left cross — a driver turning left in front of an oncoming cyclist. Dooring in a parked-car lane. Unsafe passing on narrow roads, which is a recurring problem on Marin’s rural and hillside routes. Roadway hazards, including pavement defects, uncovered drain grates, and construction zones with no safe path.
When the road itself is the problem
Where a pavement defect, a hazardous grate, or a poorly managed construction zone caused the crash, a public entity or contractor may be responsible. Public entity claims carry short deadlines — often six months — and prior complaints about the same hazard are frequently obtainable and highly persuasive.
Countering the defense narrative
Expect to hear that the cyclist was not visible, was not wearing a helmet, or was riding too far into the lane.
Visibility is answered with lighting and clothing evidence and sight-line analysis. The helmet argument, where an adult cyclist is concerned, reaches head injuries only and does not bar recovery. And a cyclist is entitled to take the lane where conditions require it.
Preserve the bicycle itself. Damage patterns establish impact geometry, and a bike that has been repaired or discarded takes that evidence with it.
Free consultation. Call 415-233-9688.
Frequently Asked Questions
FAQ
It may affect head injury damages. It does not bar the claim.
Sight-line analysis and physical evidence usually answer that.
A public entity claim may apply, with a short deadline. Call promptly.
Not yet. It is evidence — photograph it and preserve it.
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