Cyclists are not obligated to ride their bicycle in the gutter, or even on the shoulder. Cyclists can and should ride in the lane, which is generally a better paved road with fewer obstacles, less glass, detritus, drainage grates, or other hazards that will knock you down. The lane, especially when controlled by conspicuous riding, lights, and following the rules of the road, makes the rider more conspicuous and therefore safer. However, some drivers erroneously think that cyclists only belong in the gutter or shoulder, and use this after the fact to justify hitting the cyclist even though the cyclist was legally using the travel lane instead of playing gutter bunny or jammed over on the shoulder (and yes, they will blame you just the same even if you were in the gutter or shoulder).
We have overcome those situations by showing that the cyclist was legally entitled to be where she was at the point of impact. Many attorneys know little about the real conditions and riding rules in California, or acknowledge them as facts that are favorable to the injured cyclist. We are on the roads all the time at all hours of the day and night, commuting, training, participating in group rides, fondos, gravel grinders, and advocacy activities. We know our rights and we know yours.*
*Our past case result is not a guarantee that your case will also have a successful result.