Do I Need a License To Ride An Electric Bicycle?

Written By Chris Dolan

This week’s question comes from Jared from San Francisco: E-bikes are taking over the streets. I see more and more every day. Do you need to get a special license to ride one, like a motorcycle? And do you need insurance to ride one? 

Thank you for the questions about e-bikes, Jared.

Electric bicycles have become a common form of transportation in the San Francisco Bay Area. It is valuable to know what e-bikes are and what the law is regarding the use of e-bikes.  

An electric bike (e-bike) is a bicycle with an electric motor that assists the propulsion of the bike instead of being propelled solely by the pedaling of its rider as with a traditional bicycle. There are a variety of e-bikes that differ in operation and power of the motor. In California, e-bikes’ motor must be less than 750 watts. If the motor is over 750 watts it will qualify as a motor driven cycle and have requirements similar to a motorcycle. 

In 2015 AB-1096 was passed by the California legislature. This law sets forth three classifications (Class 1, 2 and 3) of e-bikes based upon their maximum speed, propulsion assistance by the motor, and method of operation. 

  • Class 1: A class 1 e-bike is a low-speed pedal-assisted electric bicycle. Class 1 e-bikes are equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
  • Class 2: A class 2 e-bike is a low-speed throttle-assisted electric bicycle. Class 2 e-bikes are equipped with a motor that may be used to propel the bicycle without pedaling, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
  • Class 3: A class 3 e-bike is a speed pedal-assisted electric bicycle. Class 3 e-bikes are equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer. 

E-bike riders must follow the rules set forth in California vehicle code. Some general rules to remember are:

  • Pedestrians have the right of way. This includes pedestrians in and out of a crosswalk; bike riders are required to yield to pedestrians. 
  • Riders are required to stop behind crosswalks, leaving them clear for pedestrians. 
  • E-bike riders must stop at stop signs and obey traffic lights just like motor vehicles. 
  • Reflectors and a front white light are required by law at night time.
  • Class 3 e-bikes are prohibited from Class 1 multi-use bike paths such as hiking or recreational trails.
  • Class 3 e-bike riders must be over the age of 16 and wear a helmet.

California state law and vehicle code sets forth most of the rules regarding e-bikes, but local ordinances also impact how e-bikes can be used. In San Francisco it is illegal to ride on the sidewalk if you are over the age of 13. Also, in San Francisco riders must keep at least one ear open and free from any headphones or other devices that can cause distraction. You must leave one ear free to ensure you can hear your surroundings. 

When it comes to licensure and insurance, e-bikes are treated like bicycles rather than motorcycles. E-bike riders are not required to obtain any special licensure to operate them. As of 2017, all e-bikes in California are required to have a label that describes its type, top assisted speed, and motor wattage. This can be used to identify what class of e-bike is being operated. It is also unlawful to tamper with or alter an e-bike’s speed capabilities without replacing the label on the bike that specifies what the speed capabilities are.  

E-bikes are not treated as motorcycles in California and therefore liability insurance is not required. As we mentioned above, an e-bike motor is less than 750 watts, if a bike’s motor is over 750 watts the bike is classified as a motor driven cycle and will require insurance and licensure similar to a motorcycle.  

Some insurance company policies may cover injuries from accidents involving e-bikes. Base policies will generally not specifically cover accidents involving e-bikes but will cover personal injury accidents. This can leave some room to get financial compensation even if you or the other party doesn’t specifically have e-bike insurance. If you want to know the details of e-bike insurance available to you, you should contact your insurance agent or a skilled accident attorney to discuss what coverage is available under the circumstances.  

With a growing population of e-bike riders in the Bay Area it is important to stay vigilant and safe on the road. If you are ever in an accident with a bicycle, make sure your attorney knows the difference in e-bike classifications and what rights and responsibilities motorists and bicyclists have under California Law. Be safe out there, thank you for writing in with your questions.

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Are Bicycle Lights Legally Required?

Written By Chris Dolan

This week’s question comes from Luca from Mill Valley: I have simple question for you. Some riders have them some don’t. Are bike lights legally required in California?

Thank you, Luca, for the question.

The simple answer is yes, a bike light is required at nighttime. The law requires the light to meet certain requirements and requires the use of reflectors as well. Let’s start by discussing the lights and reflectors and then we will discuss what is required by California law. 

What is a Bicycle Light?

A bicycle light is typically a battery powered LED device that attaches to, or is built onto, a bicycle that helps the rider be noticed by traffic and others on the roads, paths, or trails. Bike lights also allow for greater visibility to the rider resulting in safer riding.

The front bicycle light is a white lamp, and the rear light is a red reflector or red light with a built-in reflector.

What is a Bike Reflector?

Bike reflectors are another important part of a bike that increases the visibility of bicyclists. A bike reflector is a safety device that is designed to redirect light that strikes it. When light strikes a reflector, it illuminates and emits the reflected light outward. 

While bike reflectors can be highly visible under the right circumstances, they are generally insufficient visibility aids for night riding. This is why California law requires the use of a bicycle light as well as reflectors. 

How Bright Does my Light Need to Be?

The front white light of a bicycle should be bright enough to be visible from at least 300 feet from the side and front of your bicycle. 

Light brightness is measured in lumens. Lights will be brighter and more visible to humans when its lumen rating is higher. Typical home light bulbs range from 300 to 1000 lumens. 

As a bicycle rider you want to use a light that lights up the area you are riding through and makes you visible to others hundreds of feet away. Most riders will be comfortable with a minimum lumen rating of 200. The optimal lumen rating for a front white bike light is 250-400 lumens to be sufficiently visible to others while also lighting your path forward. 

What is the Law in California for Bicycle Lights and Reflectors?

California Vehicle Code § 21201(d) sets forth the requirements for using lights and reflectors on bicycles. The law requires the use of lights and reflectors when a bicycle is operated during darkness. During the daytime, when the conditions are visible, a bicycle rider is not required to illuminate themselves with lights, although it is a safe practice to use a white front lamp and red reflector at all times when riding. 

During the darkness a bicycle must be equipped with the following:

  1. A front white light that is visible from a distance of 300 feet in front and from the sides of the bicycle.
  2. A rear red reflector or a solid or flashing red light with a built-in reflector that is visible from a distance of 500 feet to the rear.
  3. A white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a distance of 200 feet.
  4. A white or yellow reflector on the front half of the bicycle (typically the front wheel); and a red or white reflector on each side of the back half of the bicycle (typically on the back wheel); or reflectorized front and back tires.

The biggest benefit of bicycle lights and reflectors is visibility. you want to be seen, so you don’t get hit by cars. Remember to practice safe biking habits and stay safe out there!  

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Insurance Company WILL NOT PAY FOR MEDICAL EXPENSES. Here’s Why:

Written by Chris Dolan and Cristina Garcia

This week’s question comes from Patricia D. from the Mission District, who asks: I was riding my bicycle down 19th Street approaching Mission Street when a distracted driver traveling in the opposite direction struck me. He was apparently texting, driving, and traveling too fast on the roadway. When the vehicle struck me, I fell on my right side. As a result, I broke my right wrist and suffered a terrible road rash on my right elbow and shoulder area. The driver and I exchanged information before I was transported to the hospital. I recently received a call from the driver’s car insurance informing me that they would not pay for the damages to my bike or any of my medical expenses because I was at fault. Are they correct?

Dear Patricia,

Thank you for your question. Adult bicyclists have the same duties and responsibilities as motor vehicle drivers under the California Vehicle Code (“CVC”) 21200. CVC 21200 provides as follows:

“(a)(1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to provisions concerning driving under the influence of alcoholic beverages or drugs…”

Therefore, California laws treat bicyclists as motor vehicles that must abide by all traffic laws, which includes CVC section 21650, which provides that all cyclists must travel in the same direction as traffic. If bicyclists need to head in the opposite direction of traffic, they must walk with their bikes on the sidewalk.

For this reason, the driver’s vehicle insurance is likely denying your claim for property damage to your bicycle and personal injury claim. This denial does not completely bar you from recovering for your injuries if the other driver was also negligent. For example, suppose the police report or witnesses corroborate that the driver was speeding or texting while driving. In that case, counsel can argue that the driver’s negligent acts also caused the collision.

An issue that is likely to be raised is “Comparative Fault,” also called “Comparative Negligence.” Comparative Fault is the percentage of fault the court assigns to the injured party. California law states if the parties are found to share fault, the law requires that the amount of recovery that the injured party is entitled to be reduced by his or her percentage of fault. For example, if the injured person is found to be 30% at fault, their compensation award will be reduced by 30%. The driver’s insurance adjuster generally assigns this percentage if the case settles pre-litigation. However, if your case does not settle before trial, a jury will decide what percentage of fault will be assigned to each party.

If you were injured in a bicycle collision due to someone’s negligence, you have the right to seek compensation for your economic and non-economic damages. Due to the complexity of Comparative Fault, cases involving Comparative Fault, you must contact a qualified and skilled trial lawyer to review the situation and assist you with your claim to ensure that you receive full and just compensation for your injuries.

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Do I Need a Lawyer Near Me if I was Involved in a Car Accident Out of State?

Written By Christopher Dolan and Jeremy Jessup

This week’s question comes from D. Conger from San Bruno who asks: While traveling in Washington, I was involved in a motor vehicle collision that resulted in injuries. The funny thing is that I found out the person who struck my vehicle was from San Jose.  I had initial treatment in Washington and more once I returned home. In addition, I have missed a substantial amount of time from work. I would like to seek compensation for this collision but don’t have the energy to try and find an attorney up there. Do I have to have an attorney from the state of Washington represent me?  

Dear D.,

I am sorry to read about your ordeal and wish you a speedy recovery. With the summer months upon us, research shows that summer travel is returning to pre-pandemic levels. The most recent data on summer travel suggests that it will be busy this year, as a recent survey from The Vacationer found that nearly 81 percent of Americans were planning to travel. According to Janeen Christoff of Travel Pulse, road trips remain one of the most popular forms of travel in a post-pandemic world. The nearly 80 percent of travelers who said they were going to take a road trip make up approximately 206 million Americans. Almost 20 percent will travel more than 500 miles from home by car. Also, nearly 7 percent say they will take road trips more than 1,000 miles from home.

With all those people on the road, collisions are bound to occur across state lines.

The simple answer to your question about whether you need local counsel, is that it depends. In most cases, while you live out of state, you may need to hire an attorney licensed in the state where the collision occurs to represent you. However, that is not always the case.  

The correct venue (the county or district where a case must be heard) is one of two places. It is where the injury-causing event occurred, in this case, the motor vehicle collision, or where the defendant resides.  If one were to elect where the defendant resides for your case, that would be Santa Clara County, here in California. In that case, you would not need to find an attorney up in the state of Washington. However, the important thing to remember is that in most cases, the laws of where the collision occurred would still apply; in this case, that would be the state of Washington. Some attorneys are comfortable dealing with the laws of other states, and some are not. 

However, let’s assume that the defendant was a resident of the state of Washington. Again, local counsel would be required, but you could still hire someone from California. In that case, the attorney, if they agreed, could seek to get “pro hoc vice” (Latin for “on this occasion”) into the State of Washington. If the court grants the motion, the California attorney, with the supervision of the local attorney, would be granted a temporary license to practice in the state of Washington, but only on your case. In most instances, the California attorney you select will already know someone in the other state, which is why they agreed to accept the case. You would not need to try and find two attorneys. 

With the advancement of technology and courts allowing for remote appearances, it is now as easy as ever for attorneys to represent clients in different states. For example, all attorneys at our firm are licensed in California. However, some are licensed in Oregon, Washington, Georgia, Arizona, Texas, and Massachusetts. We have handled all aspects of litigation in these states, including trials in some. 

Finally, an attorney in California may hold licenses in other states, allowing them to practice in multiple jurisdictions.  Essentially, this means that even though the attorney of your choice resides in one state, if they hold a license in another, they can freely practice there, as if they were local. 

Remember, no matter who you choose to represent you, be sure to document everything, lost earnings, medical treatment, and symptoms, and provide them to your attorney. As a team you will work together to get the best result.   

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What Should I Do After Witnessing a Car Crash?

Written By Megan Irish and Christopher B. Dolan

This week’s question comes from Kevin who asks: I recently witnessed a car crash where a truck ran a red light and hit a woman in a small SUV. The truck completely ran the red and hit the woman. She had the green light, and I saw that the pedestrians walking her way had 8 seconds on their count down. I stayed at the scene and gave the injured woman my contact information, but I couldn’t stay long because I had my little boy with me and did not want to stand on the street for long. I also told her I saw that the truck ran the red and hit her, but I wondered what else I could have done to help. What do you think is helpful to do when you see a car crash?

Dear Kevin,

Thanks for staying and telling the injured person what you saw. In terms of what you can do as a witness, there are many things. First, make sure you are safe to stop at the scene of a collision. If it is not safe, you can call 911 and report the crash and provide a statement about what you saw. You can describe where you were and what you observed. Sometimes the investigating officer will call you back and conduct complete interview about the collision. They will refer to you as a witness in the traffic collision report and summarize your statement to them in the report. Be honest and as straightforward as you can be. Provide any specific details you can. However, if you can stay at a scene and speak to the people involved, that is great too.

When you observe a collision, here are a few things to look for:

Look at where pedestrians are walking, and cyclists are riding. Can you see the traffic signal light, and if so, what color is it for whose direction of travel? Are there protected turn lights for left-hand turning vehicles, and if so, what color are they? Can you see the count down for pedestrians crossing the street? if so, on what number is it? Was the driver avoiding any hazards? If so, what is it, where did it come from, and where did it go? Was the hazard also involved in the collision? Where are the involved vehicles stopped? Can you note the license plates? Are the drivers involved staying at the scene or trying to leave? Do you have a camera on you? Can you safely take some photos? Or a video?  If you can take pictures, try to capture the locations where the vehicles came to rest. Take photos of any debris that came off the cars, and any skid marks associated with the collision. Take pictures of the license plates of the vehicles involved in the crash, and the people who were driving the cars. If you have time and can capture the color of the light before it changes, that can be helpful too. Watch the traffic lights cycle through. Are there any problems with them, such as the same color showing for both directions at once? If that happens, then definitely try to get a video and bring it to the attention of the people involved in the collision, as they will need to try and get a video to provide to their insurance. Although this is a long list of things to remember to do, this information can be helpful when explaining who had the green and who had the red lights. If a person is badly injured, they may leave the scene in an ambulance, and they will not be able to relate what happened to the police. Any statements you provide can be helpful to the investigating officers and or insurance companies to understand how the collision occurred and who was at fault.

Liability

Determining who was at fault is crucial to establishing liability for a matter. Liability is the legal term for who is responsible for the collision and whose insurance company need to cover the costs of the repairs to the vehicles and the injury to the people. Liability is frequently ‘disputed,’ meaning insurance companies cannot determine who caused the collision. Therefore, they wait on making any payments until they can establish more evidence to prove one vehicle was responsible for the other. For instance, in the collision you observed, where one car ran the red light, it will be necessary for the person who had the green light to prove they had the green light to the other driver’s insurance. The parties typically dispute red light-green light cases, and an independent witness statement, such as your own, can be very helpful. The insurance companies will call you after a collision, and your statements will help the at-fault driver’s insurance take responsibility for the damages to the injured party. 

It is significant that you stayed and relayed what you observed. Your statement was likely beneficial to the drivers involved and is appreciated by those involved in a collision. 

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What Happens After I Hire an Attorney For My Car Accident?

Written By Christopher Dolan and Allison Stone

This week’s question comes from Anonymous who asks:

What should I expect once I have hired an attorney after an accident? 

Dear Anonymous, 

Thank you for your question. After you are involved in an accident and hiring an attorney, there are still a lot of unknowns and questions. What happens next?  Here is an overview of what to generally expect during this time:

Sign Initial Documents:

The first step in hiring an attorney is signing a retainer agreement along with other paperwork so your attorneys can start working on your case. This paperwork often includes signing various authorizations that allow your attorneys to get the necessary records to prove your case.

Provide Documents and Information:

In addition to signing the retainer agreement and opening documents, you will need to provide your attorney with the information and documents you have. Documents include a copy of your ID, insurance cards (automobile and health insurance), photos, and other evidence relating to the incident. It is also essential to provide the facts about how and when the incident happened, what injuries and losses you suffered, if you have missed work, or if anyone witnessed the incident. You must also provide your attorney with a complete list of all the doctors and healthcare facilities that treated you. This documentation is necessary not just at the beginning of the case but also crucial to keep attorneys updated as you continue to seek medical treatment. Your attorney can then obtain all medical records and bills. 

Attempt to Negotiate a Pre-Litigation Settlement:

Attorneys will often send the insurance company a settlement demand once they obtain documents. This demand will set forth the basis of your case, explain your injuries and damages, and provide photos, medical records, and bills. The insurance company will review the demand, typically make a counteroffer, and a negotiation process will generally follow.   

Filing a Lawsuit: 

If your attorney cannot negotiate a pre-litigation settlement, they will file a complaint, starting the litigation process. Retaining an attorney as soon as you can after an accident is very important. There is a time limit when you can file a lawsuit called a statute of limitations. This statute of limitations varies depending on the type of case. If you miss the statute of limitations, you will not be able to file a lawsuit.  

Once a complaint is filed, your attorney will find and serve the complaint on the defendant, advising them they are being sued. At this point, the defendant will hire an attorney or notify his/her/their insurance company who will represent him/her/them. The insurance company will hire a lawyer if the defendant has not already hired one.

Discovery:

This is typically the longest phase of a case and can take months, a year, or years depending on the circumstances of the case.  During discovery, each side asks the other side for all the information and evidence they have to support their claim and arguments. Your attorney will likely contact you intermittently with specific questions about the accident, your injuries, status updates, etc. During discovery, both sides will also take depositions. As an injured party or a Plaintiff, you will have a deposition, which is a time for you to answer questions by the defense attorney.  Another part of discovery in a personal injury case is a physical examination where the defense can have you examined by their medical expert. Also, during this discovery phase, your attorneys will often have various hearings with the other side and the judge to provide updates and reports as to how the case is progressing.  

Experts:

At any time during the case, your attorneys may hire various experts. Experts are needed to prove different aspects of your case, and the attorneys will hire the necessary experts for your case. Every case is different. You may have to meet with their experts. Or, experts may be involved in part of your case that does not require your involvement.  

Mediation:

Mediation is a process wherein the parties meet with a neutral third person, a mediator, who will help parties reach a settlement.  It is not an adversarial process; typically, each party is in their room or space and never speaks to or sees the other party(s).  Working with an independent person who helps to settle your case is an essential step in virtually every case.  

Trial:

During a trial, both sides have a chance to go to court and present evidence and witnesses that supports their case to a jury. In the end, either a judge or jury come to a verdict. At any time, the matter can settle, which ends the trial. Most personal injury cases settle and do not proceed to trial.  

With all of this said, it is critical to be patient and trust your attorney who is there to guide you through the process and make recommendations along the way. The most important thing is to hire a trustworthy and hardworking attorney to handle your effectively and efficiently.  

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What are the Rules and Regulations for Electric Scooters?

Written By Christopher B. Dolan and Cioffi Remmer

Dom in San Francisco asks: Electric Scooter are everywhere. I see them on the street. I see them on the sidewalk. I see them on bike lanes. Some people ride alone, and others ride in pairs. Some people wear helmets while others don’t even bother. It all seems dangerous and arbitrary to me. What are the rules and regulations for electric scooters? Whatever they are. I have a feeling people are not following them. 

Dear Dom,

Thank you for your question. With the popularity of alternative transportation, residents of San Francisco and other metropolitan areas are taking to bicycles, electric bicycles (e-bikes), and even faster growth – electric scooters (e-scooters) as their preferred mode of transportation. California has not been slow with recognizing the trend and implementing regulations to protect the public by passing legislation identifying the responsibilities of e-scooter riders and operators. 

When e-scooters first hit the scene, riders, pedestrians, and motorists were confused about whether these speedy two-wheel people-movers were to be treated like bicycles or motorcycles in terms of roadway restrictions and rider safety. For example, before introducing e-scooters on city streets, California Vehicle Code section 21200–21213 concerned operation of bicycles. These sections regulated issues such as physical characteristics of bicycles, e.g., height of handlebar), safety attributes, e.g., brake requirements, lamp requirements, location of operation, e.g., bike lanes, roadway, etc., and operator safety apparel, e.g., helmets for riders under 18 years old.  

The main issues that riders, motorists, and pedestrians alike want to know are:

  1. Are e-scooters are allowed to ride on sidewalks (which may pose a safety risk to pedestrians)? 
  2. Are they restricted to bike lanes? Can they ride in the traffic lanes? and 
  3. Are helmets required?  

These are all similar issues that have been previously decided by the legislature in regulating bicycles. 

For bicycles, it has been well established in California that individual cities or counties control rules regarding riding bicycles on sidewalks, pursuant to CVC 21206. For example, in San Francisco, the city made it illegal to ride a bicycle on the sidewalk if you are over the age of 13. (San Francisco Transportation Code Sec. 7.2.12).  The City of Los Angeles only prohibits bike-riding on a sidewalk “in a willful or wanton disregard for the safety of persons or property.” (Los Angeles Municipal Code section 56.15). 

Cyclists may ride in the traffic lanes, and must obey the traffic laws; however, they must use the bicycle lane if they are moving at less than the normal speed of traffic in the same direction, according to section 21208 of the Vehicle Code. As for helmets, Vehicle Code section 21202 requires a helmet for any bicycle rider under the age of 18.

Instead of dropping e-scooters into these multiple vehicle code sections along with bicycles, the legislature has specified and codified rules relating to e-scooters in a separate Vehicle Code section 21235. According to the Vehicle Code, e-scooters may not be operated on the sidewalk except as is necessary to enter or leave adjacent property. As we can see, the legislators did not leave this decision up to the different counties, cities, or municipalities.  

The code becomes tricky when regulating the speed e-scooters may operate, and which types of highways or roadways e-scooters may be operated. E-scooters are limited to a maximum speed of 15mph, no matter what type of highway it is ridden on, pursuant to Vehicle Code sections 21235(b) and 22411. Regarding traffic lanes and bike lanes, e-scooters are permitted to be ridden in bike lanes and traffic lanes on roadways with a speed limit of up to 25 mile per hour. The legislator leaves it up to local authorities to authorize the operation of an e-scooter on Class II or Class IV bikeways on highways with a speed limit of up to 35 miles per hour. This means that in no circumstances are e-scooters allowed to be operated on highways with a speed limit above 35 miles per hour.  

As for helmets, riders under the age of 18 years old must wear a helmet.  Moreover, unlike bicycles, riders must have a valid driver’s license or instruction permit to operate an e-scooter. Undoubtedly, riders should familiarize themselves with California Vehicle Code and their local laws regarding riding e-scooters. Moreover, even though it may not be required by law if you are an adult, riders should always practice good safety and utilize a helmet.   

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Distracted Drivers Increase the Changes of Deaths and Injuries in California and U.S. Roads

Written By Christopher Dolan and Jeremy Jessup

This week’s question comes from M. from Daly City who asks: I recently received a call from my son, saying he was involved in an “accident.” Luckily, he is fine. He went on to say that the other driver was looking down at their phone, not paying attention and rear-ended him. I always thought of “accidents” as being unavoidable; this seems like the driver could have avoided it. Was it really an accident?  

Dear M.,

I am glad to read that your son is fine, and that is the most important thing. But you are correct. Over the years, we as a society seem to have found a way to excuse peoples’ negligence by classifying them as an “accident.” Using a cell phone while driving creates the potential for deaths and injuries on California and U.S. roads. The underlying thought is that “they didn’t mean for it to happen,” so it was an “accident.”  As a society, we need to get away from alleviating someone’s fault by classifying their actions as a an “accident” and look more closely at the underlying conditions. 

Accident has two meanings:

  1. an unfortunate incident that happens unexpectedly and unintentionally, resulting in harm, and
  2. an event that happens by chance.

In the situation involving your son, people would say that the first definition would apply to the driver that caused the collision; but let’s think about that. The cause of the crash was an inattentive driver who was intentionally using their phone and not paying attention. Though they may not have intentionally struck your son’s vehicle, everything else leading up to that was intentional. Therefore, the outcome should not have been unexpected. Why would we consider this to be an accident?

Secondly, accidents are supposed to happen by chance or be random. But studies are finding this not to be the case. 

In a recent interview with Marin Cogan, Jessie Singer, author of the new book There Are No Accidents, talks about the term “accident” and explains “[t]here are a lot of problems with it. Accidents are supposed to be random, right? And unpredictable. If that were true, then accidental death would be randomly distributed across the country, but it’s not. When we look at the data, we see that Black and Indigenous people and people living in poverty die by accident most often.”

The Governors Highway Safety Association proved this statement to be true. They published an Analysis of Traffic Fatalities by Race and Ethnicity in June of 2021. In that analysis, several studies were reviewed and cited to, some of which were: 

  • Motor Vehicle Traffic-Related Pedestrian Deaths – U.S., 2001–2010 (Naumann and Beck, 2013), wherein the Centers for Disease Control and Prevention (CDC), which analyzed 2001–2010 data from the National Vital Statistics System (NVSS). 
  • Socioeconomic Differences in Road Traffic Injuries During Childhood and Youth: A Closer Look at Different Kinds of Road Users (Hasselberg, et al, 2001) a Swedish Study. 
  • Vision Zero Chicago: Action Plan 2017-2019 (City of Chicago, 2017) and  
  • 2015-2019 Fatality Analysis Reporting System (FARS data). 

They found that Blacks, Indigenous and People of Color are disproportionately represented in fatal traffic crashes. Key findings from the research indicated that: 

  • When measured against all causes of death, motor vehicle traffic crashes account for disproportionately large percentages of fatalities, particularly among Native American and Hispanic persons. 
  • Black children ages 4–15 had the highest fatalities involving pedestrians and other people not in vehicles as a percentage of all motor vehicle traffic fatalities. 
  • American Indian/Alaskan Native persons have the highest annualized, age-adjusted traffic-related pedestrian death rates of all races/ethnicities. 
  • Census tracts where low-income and minority populations are more concentrated have measurably higher levels of vehicle traffic and higher speed arterials. 
  • A Swedish study found the injury risk for pedestrians and bicyclists was 20% to 30% higher among the children of manual workers than those of intermediate and high-level salaried employees, indicating socioeconomic status can influence the risk of motor vehicle crash involvement. 

Beyond race, socioeconomic status can influence the risk of motor vehicle crash involvement. The City of Chicago’s 2017 Vision Zero Action Plan included a reference to public health data that show traffic crashes affect Chicago communities unequally. Chicagoans who live in areas of high economic hardship have an increased risk of being in a severe crash and die in traffic crashes more often and at a higher rate than other city residents.

The key findings from the analysis of 2015-2019 FARS data: 

  • Compared with all other racial groups, American Indian/Alaskan Native persons had a substantially higher per-capita rate of total traffic fatalities. 
  • Black persons had the second-highest rate of total traffic deaths. This rate was true for total traffic deaths, pedestrian traffic deaths and bicyclist traffic deaths.

When interpreting the disproportionate representation of race and ethnicity in motor vehicle crashes and traffic fatalities, we must recognize that ethnicity and race, to a certain degree, are intertwined with other factors that affect crash risk. Risks include as socioeconomic status and overall investments in crash prevention where people live. These investments include roadway infrastructure, traffic enforcement, community engagement and traffic safety education. None of which is random nor unexpected.

At the end of the day, as Jessie Singer has indicated, “[w]hen we say “it was an accident,” we’re saying it wasn’t my fault. It wasn’t their fault. In doing that, we’re almost always focusing on the wrong thing and setting up the same accident to happen again.” 

We as a society need to start focusing on right thing; we can start by not calling everything an accident.

 

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Will Bicycle Accidents Increase as E-bikes Get Popular?

Written By Christopher B. Dolan and Nancy A. Villatoro

This week’s question comes from Anonymous who asks:  As gas prices continue to soar, I am thinking of getting an e-bike to get around and commute to work. I have noticed more cyclists on the roads, many of them riding e-bikes. Some of them seem to be going faster than their pedaling indicates and as they overtake other cyclists. Some riders don’t even seem to be pedaling, yet they are moving faster than other cyclists around them. I am still on the fence on getting an e-bike since I do not know which bike to get. Do you think bicycle accidents will increase as more e-bikes join the traditional pedal bikes?  

Hi Anonymous,

Thanks for your question. In the United States, AAA reported that the average national price for a gallon of regular gasoline hit $4.33, in March of 2022, which is the highest national average ever, not accounting for inflation. Similarly, in California, the highest recorded gasoline price for a gallon of regular unleaded hit $5.91 on March 29, 2022. By the time you read this, it is likely that prices will be higher. With gas prices rising, people across the state and country are turning to alternative wallet-friendly ways to get around town through carpooling, public transportation, electric vehicles, or more popular today and electric bicycles.

Electric bicycles, or e-bikes, are selling faster than expected for the first quarter of the year, above the already high expectations set by the pandemic boom. While many factors may be affecting the boom, such as eased pandemic restricts and workers returning to the office, many merchants point to fuel prices as a contributing factor.

In California, an e-bike is a conventional bicycle with operable pedals and an electric motor that does not exceed 750 watts. It must also not exceed 28 mph on leveled ground. The e-bike motor must cease to function when brakes are applied. The e-bike law prohibits users from modifying electric bicycles to change the speed limit. The law defines electric bikes into three-tier classifications: Class 1, 2, and 3.

Slow-Speed Rechargeable Bicycles Are Comparable to Regular Bikes – Class 1 and 2 e-bikes (with maximum supported speeds of 20 miles per hour) are typically allowed any place regular bicycles are permitted unless there is a posted sign that specifically bans e-bikes. The difference between Class 1 and Class 2 is that Class 2 e-bikes come with a motor controlled by a throttle, which allows the e-bike to be powered without pedaling. 

The Exception of High-Speed Vehicles – Class 3 bicycles have top supported speeds of 28 miles per hour. They cannot be utilized on bike paths or trails unless it is permissible by local municipalities. (California Vehicle Code §21207.5.) These types of e-bikes could be used on bike lanes and/or detached bikeways next to a road unless otherwise regulated by local municipalities. Additionally, these also require the use of helmets and cannot be used by riders under the age of 16. 

Severe injury accidents increase with higher driving speeds and more people on the road. As detailed in our previous article on March 25, 2021, “Have fun and stay safe on an electric bike,” riders can stay safe on the road by obeying all applicable traffic laws designed to keep those on the road safe. Riders should maintain a safe speed, which means not always reaching the maximum speed allowed by the particular e-bike they ride. E-bikers should always be vigilant of their surroundings, including weather conditions, road conditions, pedestrians, vehicles on the road, and other cyclists. E-bikers should err on the side of caution and wear helmets, even though that might not be required. They should consider wearing brightly colored clothing, making them more visible to others on the road. Riders should use a bell when passing other cyclists or pedestrians to ensure that their presence is known.

Riders should familiarize themselves with their e-bikes before jumping onto the road confidently. Users should take their time, perhaps practicing in an empty parking lot before venturing onto a busy road at high speed. Riders should become familiar with the different pedal-assist settings that many e-bikes have. E-bikes can accelerate rapidly, which can be dangerous for riders not used to sudden momentum changes. A lower pedal-assist setting could help users adjust to the e-bike’s increased acceleration. E-bikers should practice braking from high and low speeds, which may also be a new experience for those accustomed to traditional bicycles. And finally, if riders plan to ride where others are present don’t forget to use your helmets and have fun. For more bike safety tips see our Dolan Law Firm bike safety guide tips. 

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Are My Therapy Records Protected in a Lawsuit?

Written By Christopher Dolan and Emile Davis

This week’s question comes from an anonymous writer who asks: I was recently in a bad car accident. I was in the hospital and required surgery to put some screws and a plate in my shin. I am in therapy for some very private and personal issues arising from an abusive relationship. I don’t want to share that information with anyone, but, I have also been talking to my therapist about the difficulties in recovering from the accident and being so limited with my leg while I heal. It wasn’t my fault, but I am scared to bring a lawsuit.

Is there anything I can do to get compensated but not let the driver who hit me or the insurance companies know my personal business from my therapist even though I talked to her about the accident?

Dear Anonymous, 

You have raised an interesting dilemma that affects many people who file a lawsuit and are in litigation. What you describe is at the heart of many privacy laws in California- the conflict between a litigant’s privacy and the need for information to get to the truth of a matter. 

We need to start at the most basic level to understand how this conflict plays. First, every person has a privacy right to their medical records. The California constitution expressly provides that all people have an “inalienable” right to privacy. This clause has created a zone of privacy that protects against unwarranted compelled disclosure of certain private information, including medical records.

However, this privacy right is not absolute. As your question understands, certain medical privacy rights are waived by bringing a lawsuit. Clearly, in evaluating a leg injury like the one you have suffered, prior injuries to that leg would help inform a clear understanding of the damage this accident caused. Defendants sometimes litigate and argue that all privacy in medical records is waived by bringing a lawsuit. Courts have held the line well, limiting physical records to the body parts in question in the litigation or if the body parts are directly implicated.

Mental health records follow a similar analysis, but there is a more transparent and absolute way to protect therapy records from being disclosed. Part of the damages a Plaintiff in a civil lawsuit arising from an auto accident generally includes what is referred to as non-economic damages: pain and suffering, emotional distress, fear, and anxiety.

Since the non-economic damages are likely discussed in therapy records, as it is in your case where you have explained the difficulties of the recovery process with your therapist, they would be directly relevant to the litigation. However, the law has developed a mechanism to allow protections and allow the maintenance a litigant’s privacy.

The Plaintiff can make an election between what is known as a “garden variety” claim for emotional distress damages or what is called a “special claim”.

When making a “garden variety” claim, the Plaintiff indicates that “no claim is being made for mental and emotional distress over and above that usually associated with the physical injuries claimed.”  If the emotional distress suffered is of the type expected from the physical injuries, a Plaintiff’s therapy records would not likely be at issue and could be kept from disclosure.

A special claim is the opposite. It is where the emotional injuries exceed what would be expected from the physical injuries. An example would be when someone had a severe emotional reaction and sought psychological treatment to deal with the emotional injures from the accident. 

With the bit of information, we have from your question, it seems that a garden variety claim would accomplish your goals of moving forward with a lawsuit while, at the same time, likely keeping your therapy records private. Please understand that there is no half-measure; if some of the records from a therapist are disclosed to prove how difficult your recovery has been, that will often open up the rest of the therapy records.

If you choose to move forward with a lawsuit, make sure to find an attorney who is knowledgeable about these things and can advise you regarding these important issues. 

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