Who is at fault in a Right Hook Bicycle Accident?

A right hook bicycle accident is a preventable type of collision that underscores the need for drivers to be vigilant and for cyclists to stay visible and alert. When these accidents occur, they often lead to serious injuries, and understanding who is at fault in a right hook bicycle accident is key to seeking appropriate legal recourse.

What is a Right Hook Bicycle Accident?

A right hook bicycle accident occurs when a motor vehicle makes a right turn across the path of a bicyclist traveling in the same direction resulting in a collision. These accidents are particularly common at intersections, driveways, or parking lot entrances where vehicles and bicycles intersect.

How the Vehicle Driver Can Be at Fault in a Right Hook Bicycle Accident

Under California Vehicle Code § 21717, drivers turning right must merge into the bike lane and yield to any bicyclists before completing the turn. A vehicle driver can be at fault for a right hook bicycle accident if they fail to follow traffic laws or exercise reasonable care to avoid a collision with the cyclist. A few things that can render a driver at fault in a right hook bicycle accident are:

1. Failure to yield to the cyclist
2. Filing to check Mirrors or Blind Spots
3. Improper Sudden Turns
4. Distracted Driving

Drivers have a duty of care to check for other road users, including cyclists, before making turns. The cyclist generally has the right of way, and the driver’s failure to yield reckless driving and/or failure to exercise due caution violates traffic safety laws and makes them at fault.

However, it is not always so clear cut and one-sided. In some cases, both parties may share fault under comparative negligence laws, which means the cyclist’s compensation could be reduced based on their percentage of fault.

How the Cyclist Can Be at Fault in a Right Hook Bicycle Accident

While drivers are usually liable, cyclists can also bear responsibility if they violate traffic laws or behave recklessly. For example, cyclists can be at fault if they pass on the right safely, ride against traffic, or fail to follow traffic laws. Also, cyclists are required to use lights and reflectors at night to remain visible. Therefore, if a cyclist rides at night without lights or reflective gear, making it difficult for a driver to see them they may take on some responsibility in the accident. 

Fault depends on the specific circumstances of the accident. Determining who is at fault in a right hook bicycle accident takes careful examination of these circumstances and adherence to the rules of the road are critical in determining liability.