Distracted Driving vs. Distracted Cycling: How Each Affects Liability in an Accident

It’s no surprise that distracted driving causes accidents. California has made distracted driving a criminal infraction, and drivers can receive points on their record for each citation for using a cell phone or other device while driving.

Paradoxically, California allows cyclists to use handheld phones, but they cannot have earbuds or earphones in both ears. They also cannot use any device which prevents them from having at least one hand on the handlebars at all times. Unlike distracted driving, distracted cycling is not a primary infraction, but it can result in a ticket for other violations.

The dangers of distracted driving are well known. More recently, the dangers of distracted cycling have come to the fore. A study in Germany, where more people regularly bike than drive, found that use of cell phones while riding a bicycle greatly increases the risk of accident for the same reason it does when driving a car.

How Distracted Driving Makes You Unsafe

Studies done by the National Highway Transportation Safety Administration (NHTSA) and other behavioral scientists have shown that texting or talking on the phone while driving affect brain functions much like drinking. The reasons differ, but the results are the same. The driver’s attention is diverted, their reaction time slows, and they miss important cues about other objects and people in front of them.

Hands-free devices don’t help. Drivers and cyclists using earbuds and microphones may feel safer, but they are no better off than if they were using handheld devices. Cyclists trying to text with one hand and steer with the other (or text with both hands and steer with their remaining hand) are even worse.

Distracted Driving and Accident Liability

Distracted driving is a “per se” violation in California. This means that if the driver was talking or texting before the accident, their negligence is presumed. All that remains is to show their actions caused harm. The victim’s attorney can subpoena your phone records to show you were talking or texting at the time of the crash to prove their case.

Distracted cycling is not a “per se” violation. However, California is an “at-fault” state for insurance liability. The driver at fault in the accident pays for the victim’s injuries. California also uses a pure comparative negligence rule. The victim’s recovery is reduced by their degree of fault.

If the victim cyclist was wearing earbuds at the time of the crash, the at-fault driver’s attorney can argue that the victim might have avoided the accident if they had been paying attention. If the cyclist caused the accident, they will need to show that despite having headphones on, they were paying full attention to their surroundings.

In all cases of presumed negligence, the party has the right to challenge (or “rebut”) the presumption. For distracted driving or cycling, it can be difficult to show that even though you had your head down and were texting while speeding through the intersection, you were still paying full attention to the road.

Distracted driving and cycling are responsible for many serious accidents in Los Angeles today. The Brand Law Group wants to protect your legal rights and help you recover after an accident and get the compensation you need. Contact us today to discuss your case.