Bicycle accidents and auto accidents, technically, are treated identically under California law. The rules of determining who is at fault are the same. As a practical matter, they really are treated differently. And the reason they’re treated differently has to…
Bike accidents at night without lights or reflective gear are very difficult cases, understandably. On the other hand, there are exceptions and we have successfully handled these cases.
The exceptions are if the accident happened on a well-lighted street where it really made the bike so visible that the light or the reflector would not have added anything. Obviously it is safer practice, and the better practice to have a light and a reflector, but it’s not the only way to win a case.
Each bicycle case is different and we welcome people to contact us and we can help any individual think through, at no charge to the individual, our view as to whether they have a winnable case.