Who Is at Fault in a Bicycle Accident in San Diego, CA?

A cyclist in California has the same right to the road as a car, and riding without a helmet or skipping a hand signal usually adds only a small share of fault to the rider. Liam Perry, a former insurance-defense litigator and founder of Perry Personal Injury Lawyers in San Diego, walks McCartney through the bike crashes he sees most, how bike lanes and sharrows work, and how fault changes when the person hit is on foot. Key questions answered in this episode: What is a vulnerable road user? Is a cyclist at fault for not wearing a helmet? Who is at fault when a driver turns left into a cyclist? How much room does a driver have to give a cyclist in California? Is a pedestrian automatically at fault for jaywalking? What is the biggest mistake cyclists make after a crash? Topics covered: vulnerable road users, bicycles treated as vehicles, cyclist right of way, comparative fault, California's three-foot passing rule, dooring, right-turn and left-turn bike crashes, blind spots, bike lanes and sharrow lanes, pedestrian right of way, jaywalking, crowded crosswalks, parking lot collisions, school zones and school bus stops, witness statements, and documenting the crash scene. Notable from the episode: Liam Perry on helmets and hand signals: "A lot of people think, well I was on a bike and I wasn't wearing a helmet or I didn't signal, therefore I'm at fault. And that's actually not the case." Liam Perry on passing too close: "If an accident were to happen, they would be almost a one hundred percent at fault, regardless of what the cyclist is doing, because they're in direct violation of a statute." Liam Perry on witness statements: "Bicycles unfortunately don't have electronic data recorders. They don't have black boxes that tell us what was happening." Liam Perry on jaywalking: "Just because someone was outside the crosswalk doesn't mean they're necessarily at fault or 100% at fault." About the guest: Liam Perry spent years on the insurance-defense side before switching to representing injured people. Free consultation: perrypi.com Phone: (760) 633-2233 Office: 614 Fifth Ave, Suite H1, San Diego, CA 92101 Recorded: September 2026 #BicycleAccident #SanDiegoBikeAccident #VulnerableRoadUser #ThreeFootPassingLaw #PedestrianRightOfWay #CaliforniaComparativeFault Recorded September 2026. This episode is general information, not legal advice. Laws change frequently and vary by state, so the discussion here may no longer be current at the time you view or listen to it and may not apply in your jurisdiction. Viewing or listening does not create an attorney-client relationship. For guidance on your specific situation, consult a licensed attorney in your state. Chapters 00:00:00 Welcome back to Personal Injury Law Uncovered with Liam Perry 00:00:39 What Does It Mean to Be a Vulnerable Road User? 00:01:25 Is a Cyclist at Fault for Not Wearing a Helmet or Signaling? 00:02:53 Who Is at Fault in a Dooring Accident With a Cyclist? 00:03:28 Who Is at Fault in a Right Hook Bike Accident? 00:04:21 Who Is at Fault When a Car Turns Left Into a Cyclist? 00:05:35 What Is a Sharrow Lane, and Can a Cyclist Use the Whole Lane? 00:07:14 Why Do Pedestrians Get More Leeway on Fault Than Cyclists? 00:07:56 Is a Pedestrian Automatically at Fault for Jaywalking in California? 00:09:37 Who Is at Fault in a Parking Lot or School Zone Pedestrian Accident? 00:12:06 What Is the Biggest Mistake People Make After Getting Hit on a Bike?