CalBike
  • About Us
  • Get Involved
    • Sign the petition: CA Needs the Bicycle Safety Stop
    • Volunteer
    • Join/Renew
  • What We Do
    • Be the first to Know: E-Bike Purchase Incentives
    • Bike the Vote 2022
    • 2022 Legislative Recap
    • California Bicycle Summit
    • More…
  • Resources
    • Free Quick-Build Bikeway Design Guide
    • Learn to Bike at Any Age
    • Map & Routes
    • Crash Help
    • Register Your Bike
    • California Bicycle Laws
    • All Our E-Bike Work
  • News
    • Blog
    • CalBike In the News
    • Press Releases
    • CalBike Insider
  • Shop
  • Donate
  • Search
  • Menu Menu

Court Decision Protects Cyclist Rights

October 7, 2020/by Kevin Claxton

FOR IMMEDIATE RELEASE

Contact: Dave Snyder, dave@calbike.org | (916) 251-9433‬

COURT OF APPEALS RULING AFFIRMS RIGHT OF CYCLISTS TO SAFE ROADS

The California Court of Appeal recently rejected an appeal by the County of Sonoma that would have threatened the safety of everybody who rides bikes on roads “for recreation.”

The case stemmed from a lawsuit brought by Catherine Williams, who suffered severe and permanent injuries when she struck a large pothole on a county road. The 4-inch deep, 13 square foot wide pothole had been reported to the County six weeks earlier. The jury sided with Williams, declaring the road to be an illegal “dangerous condition.”

The County’s appeal claimed that Williams was engaging in a “sport” and therefore had to assume the risk of a crash, according to state law that exempts the state from liability for dangers inherent in a sport. The Court disagreed, stating that the County already owed a duty to other foreseeable users of the road to repair the pothole, the policy reasons underlying the primary assumption of risk doctrine support the conclusion that the County owes a duty not to increase the inherent risks of long-distance, recreational cycling.

The decision is incredibly important to everyone who rides a bike on public roads.

Eris Weaver, Executive Director of the Sonoma County Bicycle Coalition, hailed the victory. “As California burns, the need to reduce greenhouse gas emissions and get people out of cars is visible in the smoky air. The vast increase in bike sales since the beginning of the COVID-19 pandemic demonstrates great interest and willingness among our residents to shift their mode of transportation. The ruling in this case affirms the rights of ALL users to safe transportation and puts cities and counties on notice that cyclists cannot be treated as second-class citizens.”  with the County, the government would have no expectation of safe conditions on the roadway

Napa appellate specialist Alan Charles “Chuck” Dell’Ario represented Williams on appeal following an excellent trial presentation by Oakland lawyers Todd Walburg and co-counsel Celine Cutter. “This is an important victory for the cycling community statewide,” Dell’Ario said. “All public entities have a duty not to increase the inherent risks of cycling.”  The state association of counties and league of cities had filed briefs supporting the county.

“We’re grateful that the Court demonstrated common sense. Bicycling is a joyful thing and not a dangerous sport if the government maintains the roads in the condition that they should,” said Dave Snyder, Executive Director of the California Bicycle Coalition.

Williams v. County of Sonoma  Cal. Ct. App. (09-28-20) 2020 WL 5757662

Tags: featured
Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on WhatsApp
  • Share by Mail
https://www.calbike.org/wp-content/uploads/2018/11/dream_ride_2018-4958-XL.jpg 576 1024 Kevin Claxton https://www.calbike.org/wp-content/uploads/2018/07/calbike-logo.png Kevin Claxton2020-10-07 15:57:072020-10-09 18:46:47Court Decision Protects Cyclist Rights

Latest News

  • bike lanesCalBike Response to Governor’s ATP ClawbackJanuary 18, 2023 - 12:53 pm
  • e-bike father with kidsLocal E-Bike Incentives Provide More Options for CaliforniansJanuary 17, 2023 - 3:39 pm
  • E-bike incentives projectE-Bike Incentives Report: November 30, 2022, CARB Work Group MeetingJanuary 9, 2023 - 6:15 pm
Follow a manual added link

Get Email Updates

Follow a manual added link

Donate

  • Link to Facebook
  • Link to Twitter
  • Link to LinkedIn
  • Link to Mail
  • Link to Instagram
About Us

Staff
Board
Financials & Governance
Local Partners
State & National Allies
Careers

What We Do

California Bicycle Summit
E-Bike Advocacy
Quick-Builds
2022 Legislative Watch

Take Action

Current Projects
Past Projects
Donate
Contact Us
Volunteer
Join or Renew

Resources

COVID-19 Bicycling
Maps & Routes
Quick Build Guide
All Resources

News

CalBike Blog
CalBike in the News
Press Releases
CalBike Insider

© California Bicycle Coalition 2023

1017 L Street #288
Sacramento, CA 95814
© California Bicycle Coalition 2023

A Preview of the CalBike 2021 Agendae-bikeBike the VoteCalBike Endorses Candidates in Four Key Congressional Races
Scroll to top