Sunnyvale, CA asked in Car Accidents and Personal Injury for California

Q: I hit a car on the bike lane but the driver drove off. What can I do?

I just turned 16 and I'm taking my drivers ED to get my permit. I was riding my e scooter on the bike lane. Some car came out of our schools parking real fast blocking my way. He probably didn't check the bike lane because I was only 1 meters away from the parking exit. He wasn't moving when I saw him but right when I came near he just left the parking and even though I slammed on my breaks I still did hit his car. He just drove off without checking on me. I hit my head on the ground but I had a helmet but my knee got injured. I couldn't catch up to the car as he was faster than my e scooter. There should be cameras since it was a school parking exit. Am I in the wrong because I don't have my permit yet? Or the driver because he didn't check for incoming bikers and didn't stop to check on me.

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you're involved in a collision while riding an e-scooter in the bike lane, the fact that you do not have a driver's permit is not directly relevant to the incident. The key factors are adherence to traffic laws and the circumstances of the collision. Riding an e-scooter in the bike lane is generally permitted, and all road users, including drivers exiting parking lots, are required to check for and yield to bike lane traffic.

Since the driver left the scene without stopping, this could be considered a hit-and-run incident, regardless of who was at fault for the collision. It is important for all parties involved in a traffic collision to stop, exchange information, and check on the well-being of anyone involved. The presence of school cameras can be instrumental in providing evidence of the incident, which can help in identifying the vehicle and driver.

You should report the incident to the police, especially since there was an injury and property damage. Providing them with as much information as possible, including the time, location, and any details about the car and driver, along with potential video evidence from school security cameras, will be crucial. This will not only document the incident officially but also initiate an investigation that could lead to locating the driver. Additionally, seeking medical attention for your injury and keeping records of it can be important for any potential claims or legal actions.

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: In addition to the good points raised by my colleague, keep in mind that if you need to recover video footage, it could sometimes have a short timespan. Depending on the system, some surveillance systems only retain data for short periods of time. I hope you're okay. Good luck

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