Bicycle Accident Injury Lawyer California

Attorney Fernandez is a nationally renowned bicycle accident lawyer who actually cycles. He created injuredbikers.com. You should not hire a general personal injury attorney for these cases. Our firm has handled thousands of cases and secured millions of dollars for our clients. Call 800-816-1529.

General Information Regarding Your Bicycle Accident Case in California

• If you have already been involved in a bicycle accident in the state of California, you should immediately stop reading and call our law firm at (800) 816-1529 Ext. 1 for a free telephone consultation. We will let you know over the phone if we believe you have a case and if we can assist you.
• If we believe we can be of assistance to you and you decide to retain our services, we will send you the signup documents necessary to retain our law firm electronically by email.
• If you do not have health insurance or a primary care physician, we can immediately refer you to a qualified doctor in your area for medical care. (Yes, even if you lack health insurance.)
• Yes, all of this can be done with a single phone call to our law firm. We make every effort to simplify the process for you.

THE LAW OFFICES OF NORMAN GREGORY FERNANDEZ & ASSOCIATES is a California bicycle accident and serious injury law firm specializing in assisting cyclists and victims who have been seriously injured in bike accidents throughout the state.

Our bike attorney is here to protect you on the road in accordance with all applicable bike laws.

Consult a Bicycle Accident Attorney Now – Get a Free Case Evaluation, 800-816-1529.

If a family member has been severely injured or killed in a bicycle accident, please contact our award-winning bicycle accident attorneys for a free, no-obligation case evaluation.

Our bicycle attorneys at THE LAW OFFICES OF NORMAN GREGORY FERNANDEZ & ASSOCIATES advocate for your bicycling rights and safety, whether you ride for recreation, sport, or transportation. To defend our clients, we are well-versed in the state’s current bicycle laws. After your bicycle accident, our bicycle accident attorneys are available to answer any questions you may have.

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THE LAW OFFICES OF NORMAN GREGORY FERNANDEZ & ASSOCIATES Is A Personal Injury Law Firm That Has Won Multiple Awards

We have recovered millions of dollars for bicycle accident victims with a 98 percent success rate. Our firm is ranked among the top personal injury law firms, and we are proud to assist our clients with not only their trials, but also their medical, rental, and vehicle repair bills.

Best Lawyers and Avvo have recognized THE LAW OFFICES OF NORMAN GREGORY FERNANDEZ & ASSOCIATES Accident Attorneys as a leading California bicycle accident law firm. You can trust that we are equipped with the best tools and have a thorough understanding of the California bicycle laws to protect you and your rights. Our bicycle accident lawyer defends client rights and ensures that your claims are heard.

In Case You Are Involved in a California Bicycle Accident

Having a bicycle accident attorney in California handle your case gives you the best chance of receiving the compensation you deserve after an accident.

The majority of cyclists are aware of the risks of bicycle travel and take precautions to avoid collisions. Nonetheless, nobody anticipates being involved in a severe bicycle accident.

After a bicycle accident, an experienced bicycle accident attorney can help you navigate the road to recovery. A lawyer can assist you in negotiating a claim with the driver’s insurance company. In addition, he or she can evaluate your case based on California bicycle law to determine if legal action may be required.

WHY YOU MUST CONTACT A BICYCLE ATTORNEY

Reputable bicycle injury attorneys will provide you with a free, private consultation to discuss your accident and your legal options. We will provide you with all the information you need to determine whether or not to file a claim.

After a bicycle accident, you should consult with a bicycle injury attorney who has a track record of achieving favorable results for their clients. You should never hesitate to request recommendations or references from a personal injury attorney‘s previous clients.

Why are bicycle accidents so common in California?

On California’s busy roads, cyclists face unique dangers. When riding in a designated bike lane or sharing a traffic lane, motorists of passenger vehicles, commercial trucks, and buses frequently fail to see cyclists.

In 2016, there were over 638 bicycle-related collisions in one small county in Northern California alone.

While motor vehicle occupants are well protected by seat belts, airbags, and thousands of pounds of metal, cyclists typically rely on only a helmet in the event of a bike accident.

It should come as no surprise that bicycle-related injuries result in nearly 500,000 emergency room visits annually and hundreds of fatalities. The majority of these are severe or catastrophic injuries.

In 2014 alone, over 120 cyclists died in California.

Typical Bicycle Accident Outcome in California

A woman was riding her bicycle in a small city in California when she was struck by a car and subsequently fell to the ground. Due to the bicycle-car collision, she sustained a broken arm. THE LAW OFFICES OF NORMAN GREGORY FERNANDEZ & ASSOCIATES advocated for this woman using California bike laws to help her obtain a substantial settlement to cover her medical expenses and other damages resulting from the bicycle accident. As a result of hiring a bicycle accident attorney, she was able to mitigate the accident’s effects on her personal and professional lives.

Bicycle Legislation in California

Bicycle riding is by no means a novel mode of transportation. Bicycling is becoming increasingly popular as individuals search for eco-friendly and healthy modes of transportation. Throughout the state of California, bike lanes are being constructed, and bike-share platforms are sprouting, allowing riders to rent bicycles by the minute. With the increase in accessibility, there has been a slight increase in bicycle-vehicle collisions.

As a result, the State of California has enacted a series of regulations to address where biking is permitted and how motorists should interact with cyclists. These laws outline the obligations of cyclists and motorists to protect bicycle riders in the event of an accident. These laws can be found in the California Vehicle Code.

Bicycle injury attorneys can assist those dealing with the aftermath of bicycle collisions. A comprehensive understanding of California’s bicycle laws enables us to protect and serve the bicycle community.

California’s Bicycle Laws

Bicyclists have the same rights and responsibilities as drivers of motor vehicles, according to Section 21200 of the California Vehicle Code. This means that cyclists are subject to the same laws regarding driving under the influence, pedestrians having the right-of-way, and traffic signals as motorists.

In bike law, motorists’ interactions with cyclists on the road are governed by a few unique rules. Since 2014, drivers in California have been required to give cyclists a minimum of three feet of space when driving alongside or passing them. Additionally, no one is permitted to obstruct a designated bicycle path by stopping or parking a vehicle or bicycle on it.

CYCLISTS CAN TAKE THE LANE WHAT DOES IT MEAN?

In California, cyclists have the right to “take the lane” even if they are moving slower than traffic in the following situations: • When passing, • When preparing to make a left turn, • When avoiding road hazards, • When a lane is too narrow to share, and • When approaching an authorized right turn.

WHAT CYCLISTS SHOULD KNOW

According to California bicycle laws, cyclists must also be familiar with a few additional “rules of the road.” Unless passing, making a legal left turn, riding on a one-way street, riding on a road that is too narrow, or when the right side of the road is closed due to road construction, California law mandates that cyclists ride with the flow of vehicle traffic.

On any California road with a designated bike lane, cyclists traveling slower than the flow of vehicle traffic must use the bike lane unless making a left turn, passing, avoiding hazards, or approaching an authorized right turn location.

HIT-AND-RUN IS ILLEGAL

A hit-and-run occurs when a motorist strikes a bicyclist or pedestrian and then flees the scene. Unfortunately, drivers frequently disregard the law because they believe they can escape quickly without being caught.

Bicycle accident attorneys can assist in locating hit-and-run drivers even if you did not record their license plate numbers. Sometimes, helpful details are observed by nearby witnesses, such as other motorists, pedestrians, and store owners. Security camera footage from nearby posts or along the route of the driver can capture license plate numbers or even the entire collision.

Who is Responsible for California Bicycle Accident Injuries?

If you were seriously injured in a bicycle accident, you likely want to know who is legally liable for your injuries. After a bicycle accident, California motorists are occasionally cited for only a minor infraction.

In more severe bicycle accidents, drivers may be charged with misdemeanor or felony offenses such as reckless driving, failure to stop at a stop sign or crosswalk, hit-and-run, or driving under the influence.

Although it is in the interest of justice for drivers who injure cyclists to face criminal charges as a result of their actions, criminal charges do little to assist cyclists who are left with medical bills or who are unable to work as a result of an accident. This is where civil courts enter the picture.

HOW A BICYCLE ACCIDENT LAWYER CAN HELP YOU RECEIVE MONETARY DAMAGES

If you were injured in a bicycle accident caused by a driver’s negligence, California law permits you to sue the driver in court for monetary compensation. Typically, this type of bicycle accident lawsuit is known as a “personal injury lawsuit.”

The majority of personal injury lawsuits include a negligence claim. Negligence is the failure to act with the degree of care that a reasonable person in the same or similar circumstances would have exercised.

If you can prove that a driver’s negligence caused your injuries and other losses, such as time missed from work, you can obtain a court order requiring the driver to compensate you for the financial and personal harm you have sustained. An experienced bike accident attorney with a strong command of the law can make this process easier for you.

IDENTIFYING EVIDENCE OF NEGLIGENCE

Negligence is the failure to act with the degree of care that a reasonable person in the same or similar circumstances would have exercised.

If the driver who injured you in a bicycle accident received a traffic citation or was charged with a crime in relation to the accident, this may be crucial evidence of negligence. According to the legal theory of “negligence per se,” it is not necessary to demonstrate that the driver should have acted differently under the circumstances.

Courts in California automatically deem negligent any violation of a law intended to protect public safety, including the vast majority of traffic laws. This makes it much easier for injured individuals to establish legal liability. Learn more about how fault is determined in bicycle versus automobile collisions here.

How can cyclists in California avoid bicycle accidents?

The attorneys at THE LAW OFFICES OF NORMAN GREGORY FERNANDEZ & ASSOCIATES have extensive experience representing injured cyclists in personal injury cases, so they understand how devastating a bicycle accident can be.

If you are a cyclist in the California, we strongly encourage you to take the following steps to prevent accidents.

Please use a helmet. In California, all children under the age of 18 must wear a bicycle helmet when riding a bicycle. In most California cities, helmets are not required by law for adults, but they can prevent serious injury or death in the event of an accident. Wear a bicycle helmet at all times.

• Equip your bike. Mirrors should be installed on bicycles to facilitate safe lane changes. Bicyclists who ride at dusk or at night should equip their bikes with front and rear lights. Blinking lights are inexpensive and can be added to bicycle spokes and frames to increase nighttime visibility for cyclists.

Wear bright clothing. Cyclists should always wear brightly colored or fluorescent clothing to increase their visibility to motorists. Nighttime cyclists should add reflective tape to their helmets or wear reflective arm or ankle bands.

• Be aware of the road rules. Bicyclists should familiarize themselves with the laws that pertain to them in the areas where they ride. The California cycling laws discussed previously are uniform throughout all cities and counties in California. However, individual municipalities are free to decide whether cyclists may ride on the sidewalk.
• Signal your turns and stops. Cyclists must always use the correct hand signals to indicate a right turn, a left turn (or overtaking a traffic lane), or a brake.

Always remain vigilant. Cyclists must never use headphones or a cell phone while riding. California law prohibits the use of headphones that cover both ears. Cyclists should maintain constant vigilance and awareness of their surroundings and pay close attention to any vehicles (parked or in motion) and pedestrians in all directions. Additionally, keep an eye out for erratic driving, which may indicate an intoxicated driver.

If you are injured in a bicycle accident, you should immediately contact the police and an ambulance. Before you can return to normal, bicycle accidents may necessitate a doctor’s visit, surgery, rehabilitation, and therapy.

A bicycle accident can be frustrating and painful, particularly if it was caused by a driver’s negligence. If you were struck by a vehicle while riding a bicycle, please contact us immediately at 800-816-1529.

Accidents involving bicycles – Frequently Asked Questions

IS IT ALWAYS THE DRIVER’S FAULT IN A BICYCLE ACCIDENT?

When a large vehicle collides with a cyclist and causes injuries, it is commonly believed that the cyclist is the victim and the driver is at fault.

However, this is not always the case; in some cases, the cyclist may have been negligent and caused the collision. Therefore, you should conduct a thorough investigation and collect evidence to support your claims that the driver was at fault for the accident.

CAN AUTOMOBILE INSURANCE COVER A BICYCLE ACCIDENT?

If you determine that the at-fault driver caused the accident, you may wonder how to seek compensation from the driver. Bicyclists can file third-party claims with the driver’s insurance company, just as other drivers can in the event of a collision involving two cars. Before filing a claim, you should always discuss your situation with an experienced attorney due to the complexity of bicycle accident insurance claims.

WHAT FINANCIAL RECOVERY OPTIONS DO I HAVE AFTER A BICYCLE ACCIDENT?

As stated previously, filing a claim with the at-fault driver’s insurance company is one way to seek compensation for your medical expenses, lost wages, and other bicycle accident-related losses. However, insurance companies are not always willing to offer sufficient compensation to cover all of your losses, so you may need to seek compensation in another manner. You can do this by filing a claim for personal injury in court. You have only two years to prepare and file a claim under California law; if you miss the deadline, you forfeit your right to recovery.

MY BICYCLE ACCIDENT: CIVIL OR CRIMINAL PROCEEDING?

Many people think of criminal cases when they consider court cases. However, prosecutor-brought criminal cases involve illegal conduct and do not involve personal injury claims. Your claim will be filed in civil court as a separate case. If there is a concurrent criminal case for a violation of the law, such as a DUI, the criminal case’s evidence may also be helpful in your civil case.

WHAT IS THE VALUE OF MY BICYCLE ACCIDENT CASE?

Case to case, the value of a bicycle accident claim can vary significantly. The following factors will help determine the value of your case:

• The nature and severity of your injuries; • The costs of the medical treatment you required for your injuries and whether you will need future treatment;

• Whether your injuries caused you to miss work and lose income;

• Whether your injuries caused any long-term or permanent impairments, disfigurement, or disabilities; and

• The amount of physical and/or emotional suffering you experience.

An experienced attorney can evaluate the specifics of your case to determine the potential value of your claim.

MY BICYCLE ACCIDENT CASE WILL GO TO TRIAL, RIGHT?

Even if you filed a lawsuit in court, that does not necessarily mean you will go to trial. In reality, the majority of accident cases are settled through pre-trial negotiations outside of court. An experienced attorney should seek out the most expedient and favorable means of resolving your case.

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Problems and concerns unique to bicycle accidents

People driving cars, trucks, SUVs, and other motor vehicles either fail to see the bicyclist prior to the collision, or demonstrate a reckless disregard for the bicyclist’s right to share the road with their vehicle.

The majority of bicycle collisions occur on streets when a cyclist rides on the far right of a lane traveling with or against traffic. Additionally, bicycle accidents occur at intersections on city streets. Typically, a car or other vehicle collides with a cyclist because it did not see the cyclist or because it attempted to squeeze past the cyclist without success.

We have also witnessed bicycle riders crash when a driver opens their driver-side door just as a cyclist is approaching, causing the cyclist to collide with the door and be thrown.

There are numerous other bicycle accident scenarios that will not be discussed here, but which all cyclists are intimately acquainted with.

The driver of the vehicle typically uses the same old excuse: I didn’t see the cyclist. In some instances, it has been reported to us that drivers of motor vehicles intentionally struck or drove a bicycle off the road out of road rage or for other reasons. We would seek punitive damages from the driver of the motor vehicle if he or she engaged in such conduct.

Bicycles are permitted to ride on the far right side of the road in California. It is recommended that you ride with traffic flow. Bicyclists are prohibited from using sidewalks and are advised to walk their bikes across streets.

Bicyclists have the same rights to use public roads as other motor vehicles under California law, with the exception of traffic lanes.

Due to our familiarity with these circumstances, we will aggressively represent you in your Bicycle case.

CALIFORNIA PERIOD LIMIT FOR FILING A LAWSUIT Bicycle Accident (California STATUTE OF LIMITATIONS)

In California, the statute of limitations for filing a lawsuit for personal injuries resulting from a bicycle accident is two (2) years from the date of the accident. If you do not file a lawsuit within two (2) years, your right to do so expires!

A claim must be filed within six months of the date of the accident with a governmental entity, such as county vans and vehicles, if it is a party to the accident. If the entity rejects the claim, it must be sued within six months of the rejection date.

The only time you should wait two years before filing a bicycle accident lawsuit is if you are still receiving treatment for injuries sustained in the accident. In such instances, the full extent of your losses is unknown (ripe).

What should one do in the event of a bicycle accident?

Especially if you are seriously injured, being involved in a bicycle accident can be one of the most traumatic events of your life. In the United States, many people are killed annually in bicycle accidents. In addition, you are 75% more likely to be injured in a bicycle accident than in a car accident, and the injuries are typically more severe because you have no protection other than what you are wearing.

The worst aspect of bicycle collisions is that many victims are children.

Ensure that you obtain a police report if you are injured in a bicycle collision of any kind.

Numerous California law enforcement agencies do not respond to what they deem to be minor bicycle accidents. Make sure to notify the police if you are injured in an accident and insist that someone investigate the incident and file a report. This is extremely relevant to your case.

Attempt to obtain the names and addresses of any potential witnesses.

Do not make any statements to anyone other than the police at the scene of the accident.

If you are seriously injured in the bicycle accident, call the paramedics or ask someone else to do so on your behalf. It is preferable to err on the side of caution than to discover later that you have suffered a serious injury.

Tell the paramedics that you want to be transported to the hospital if they offer you the option of not being transported. On request, paramedics are required by law to transport injured patients to a hospital. Once more, it is preferable to err on the side of caution. We have seen all types of bicycle accident victims, and many types of bicycle accident injuries can result in internal bleeding or damage that is not immediately apparent. After an accident, the body produces the chemical adrenaline, which increases the heart rate. During this procedure, the pain you are experiencing may not appear to be particularly severe.

We cannot tell you how many of our clients have been involved in bicycle accidents and gone home believing they would be able to move again a few hours later, only to find themselves immobile. VISIT THE EMERGENCY ROOM TO BE EXAMINED!

NEVER LEAVE THE SCENE OF THE ACCIDENT, THE NEED TO EXCHANGE INFORMATION

California law requires all parties involved in a motor vehicle accident to exchange driver’s license, Vehicle Registration, and insurance information at the scene of the collision.

A cyclist is not required to have a driver’s license or maintain registration. We still recommend that you provide your contact information to the car’s driver and ensure that you receive theirs.

Never leave a bicycle accident scene without exchanging contact information. If you fail to obtain the driver’s information, you may be unable to recover the vehicle.

You should not ride down the street and stop. We strongly advise that you leave your bicycle where it is until the police arrive so they can observe its location and file a report. If absolutely necessary, you should move your bicycle to the side of the road or the median of a freeway. ONLY TRANSPORT YOUR BICYCLE IF SECURITY REQUIRES IT!

When obtaining the driver’s information, including the Full Name, Address, Driver’s License Number, Date of Expiration, Date of Birth, Hair Color, Height, Weight, Restrictions, Insurance Company name, address, and telephone number, record everything in detail. Insurance policy number, expiration date, Year, Make, Model, License Plate, Vehicle Identification Number, and Color of all involved vehicles. Registered vehicle owner, address, etc.

In other words, record every piece of information from each of the items that the other driver has given you. It will only assist us in pursuing your case!

In addition to the above-mentioned mandatory information, you may also wish to include the following:

At the time of the collision, were any of the parties driving a commercial vehicle, truck, or van, or were they employed?

Any statements made by any of the accident’s participants.

A complete description (including race, height, age, weight, hair color and style, clothing, etc.) of each involved driver.

Whether or not any accident victims were wearing eyeglasses or sunglasses.

Whether any of the accident’s participants appeared to be intoxicated.

Information on passengers for all vehicles.

Whether any of the vehicle’s windows are tinted.

Whether any accident participants were using a cell phone at the time of the collision. (We can obtain their cell phone records via subpoena if we are forced to litigate)

The accident details as you understand them.

Names, addresses, phone numbers, vehicle types, license plate numbers, etc. for all witnesses. (Sometimes, witnesses offer assistance at the scene of an accident, but later become unavailable or refuse to return phone calls or mail. Obtaining specific information from them, such as their vehicle information, may assist us in locating them if necessary or if they refuse to cooperate.

If possible, call our office at (800) 816-1529 Ext. 1 from the scene of the accident, and depending on where you are and the circumstances of the accident, we will dispatch an investigator as soon as possible. If you are unable to reach us, please attempt to contact relatives or friends who can respond to the scene of the accident. In addition to assisting you in obtaining information, they can also serve as witnesses to the statements made by those involved in the accident, the property damage, and your injuries. Witnesses are always advantageous, especially if they aid your case! They can also help you remove items from your vehicle if necessary and provide transportation if your bicycle needs to be towed.

Following our counsel will ultimately aid us in prosecuting your case.

How do you utilize your bicycle? Following an Accident?

As evidence in the case, we strongly suggest that you store the damaged bicycle in a garage or elsewhere in your home. Most likely, an insurance adjuster will visit the bike to evaluate property damage.

The Need for a Qualified California Bike Accident Attorney

The preceding information is only a small portion of what you need to know regarding accidents.

As a California bicycle accident law firm that handles all types of bicycle accidents throughout the state, we strongly advise you to retain one of our attorneys to represent you in your bicycle accident claim. Ideally, within the first 24 to 48 hours following the bicycle accident.

We have dealt with numerous people who believed they could handle their own bicycle accident case without a lawyer, but who, through their own words or actions, unintentionally sabotaged their case or settled for a small fraction of what it was actually worth.

We dislike more than anything having to inform a person who attempted to handle this complex area of the law on their own that there is nothing we can do for them because they have already settled their bicycle accident case, or because they waited too long to file suit, etc.

Our mission as a law firm is to provide you with competent, aggressive legal representation in your bicycle accident case. Competency is not merely a marketing buzzword. Competence is the possession of the skills and knowledge necessary to perform a task.

The Law Offices of Norman Gregory Fernandez has achieved expert status with an Avvo rating of 10, the highest possible rating for an attorney, to achieve the best possible results for your case.

We have the resources necessary to litigate your California bicycle accident case. Avoid being a fool and attempt to represent yourself. We are here because we are familiar with the system and know how to navigate it. We understand what you are owed and how to obtain it, whether through negotiation or litigation.

Ext. 1 at (800) 816-1529 for a free consultation regarding your bicycle accident case. You have nothing to lose except any money to which you may be entitled!

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has over 25 years experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1.

You may download our California Accident App for iTunes and Android by going to our California Accident App page by clicking here. The app will enable you to record all information related to your Bicycle accident and transmit it to our office.