Bike Accident Attorney California

Injuries caused by Bike accidents can occur anywhere at any time. Victims of bike accidents only protection is what they are wearing. It is necessary to employ an experienced firm. You can reach us at (800) 816-1529.

Thousands of Bike accidents happen all over California every year and many result in serious injuires. We are here to help.

• If you have already been involved in a Bike 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 can electronically sign you up using your smartphone, tablet, or computer.
• If you do not have medical insurance or a medical provider, we can refer you to a doctor in your area who will treat you for free if you do not have medical insurance or a medical provider. Yes, all of this can be accomplished with a single phone call to our law firm. (Yes, even if you do not have medical insurance.) We make every effort to simplify the process for you.

THE LAW OFFICE OF NORMAN GREGORY FERNANDEZ & ASSOCIATES is a California law firm specializing in helping bike riders 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 Bike Accident Attorney Now – Get a Free Case Evaluation

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

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

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THE LAW OFFICE OF NORMAN GREGORY FERNANDEZ & ASSOCIATES Is a Distinguished Personal Injury Law Firm

With a 99 percent success rate, we have recovered millions of dollars for victims injured in personal injury cases in California including bike accidents. Our firm is ranked among the top national 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.

Avvo, America Top 100 Trial Lawyers and others have recognized THE LAW OFFICE OF NORMAN GREGORY FERNANDEZ & ASSOCIATES Accident Attorneys as a leading California personal injury and bike accident law. You can trust that we are equipped with the best tools and are well-versed in California’s bike laws in order to protect your rights. Our bike accident lawyer defends client rights and ensures that your claims are heard.

In the Event of a Bike Accident in California

Having a California bike accident attorney handle your case gives you the best chance of receiving the compensation you deserve following an accident.

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

After a bike accident, an experienced 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 bike law to determine if legal action may be required.

WHY YOU SHOULD CONTACT A BIKE ATTORNEY

Reputable bike accident lawyers will provide you with a free, confidential 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 bike accident, you should work with an attorney who has a track record of obtaining favorable results for their clients. You should never hesitate to request recommendations or references from a personal injury attorney‘s previous clients.

Why are bike accidents so common in California?

On California’s busy roads, bike riders 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.

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’s no surprise that bike-related injuries lead to nearly 500,000 emergency room visits per year and hundreds of bike accident deaths. The majority of these are severe or catastrophic injuries.

More than 120 cyclists died in California in 2014 alone.

Bike Laws in California in 2022

By no means is bike riding a novel mode of transportation. bike riding is becoming increasingly popular as individuals search for eco-friendly and healthy modes of transportation. Across the state of California, bike lanes are being constructed, and bike-share platforms are sprouting, allowing riders to rent bikes by the hour. With the increase in accessibility, there has been a slight increase in bike-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 duties of bikers and motorists to protect bike riders in the event of an accident. These laws can be found in the California Vehicle Code.

Bike accident attorneys can assist individuals dealing with the aftermath of bike accidents. With a comprehensive understanding of California’s bike laws, we can protect and serve the cycling community.

California Bike Regulations

Bike riders 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 bike path by stopping or parking a vehicle or bike on it.

BIKE RIDERS CAN TAKE THE LANE! WHAT DOES IT MEAN?!

In California, one of the cycling laws that many motorists do not comprehend is that 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 location.

WHAT BIKE RIDERS SHOULD KNOW

According to California’s bike 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 bike rider or pedestrian and then flees the scene. Unfortunately, drivers frequently disregard the law because they believe they can escape quickly without being caught.

Bike 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 Bike Accident Injuries?

If you were seriously injured in a bike accident, you likely want to know who is legally liable for your injuries. After a bike accident, California drivers are sometimes cited for only a minor offense.

In more severe bike 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 BIKE ACCIDENT ATTORNEY CAN HELP YOU RECEIVE FINANCIAL DAMAGES

If you were injured in a bike accident caused by a driver’s negligence, California law permits you to sue the driver in court to recover compensation for your injuries. Typically, this type of bike 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 bike accident received a traffic citation or was charged with a crime in relation to the accident, this can 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 a bike versus automobile collision here.

The Law Office of Norman Gregory Fernandez handles cases all over California.

How bike riders Can Prevent bike Accidents

On the roads, certain circumstances are beyond our control. However, cyclists can protect themselves and their rights by taking precautions.

Before taking to the roads on a bike, it is essential to have a thorough understanding of all applicable rules and regulations. If you are involved in a bike collision, you should contact the police immediately. Numerous bike accidents result in visits to the doctor, physical therapy, or surgery. Even if you feel fine immediately following an accident, it may take weeks or months for some injuries to manifest.

Do not hesitate to seek the counsel of a California bike accident lawyer. The attorneys at THE LAW OFFICE OF NORMAN GREGORY FERNANDEZ & ASSOCIATES have extensive experience representing injured cyclists in personal injury cases, so they understand how devastating a bike accident can be.

If you are a cyclist in California, our bike accident attorneys urge you to take the following preventative measures.

Please use a helmet. When riding a bike, all children under the age of 18 in California must wear a helmet. 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. Always utilize a bike helmet. Learn more about the consequences of riding a bike without a helmet here.

• Equip your bike. California law mandates that bicycles be visible at night. If you intend to ride at night, install lights and reflectors. Additionally, cyclists should purchase mirrors to facilitate safe lane changes. Here you can learn about the newest bike safety technologies.

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. Bike riders 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.
• Travel in the Same Direction as Other Vehicles. On the road, cyclists must ride in the same direction as traffic. If you find yourself going in the wrong direction, walk your bike carefully to the sidewalk, away from traffic. Because you can see oncoming traffic, riding against the flow of traffic may seem safer, but it actually puts riders and drivers at risk. California does not have a statewide ban on cycling on sidewalks. Because it is unsafe for pedestrians, some local governments prohibit cyclists from using sidewalks. Bicycles travel at speeds that pose a danger to pedestrians, so bike attorneys advise riding on the road or in bike lanes.
• Signal when turning or braking. Cyclists must always use the appropriate hand signals to indicate when they will turn right, turn left (or overtake a traffic lane), or brake.
• Do Not Stop at Intersections. On the road, cyclists and pedestrians have distinct roles. In crosswalks, pedestrians have the right-of-way because they are the intended users. Experts in bicycle injury law advise cyclists to stop behind crosswalks, not in them. You should avoid obstructing pedestrians and right-turning vehicles.

Always remain vigilant. Bike riders must never use headphones or a cell phone while riding. The laws of California prohibit wearing 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 bike accident, you should immediately contact the police and an ambulance. Accidents involving bicycles may necessitate a doctor’s visit, surgery, rehabilitation, and therapy before you can return to normal.

Bike Accident Frequent Requested Information

IS THE DRIVER ALWAYS AT FAULT IN A BIKE ACCIDENT?

When a large vehicle collides with a bike rider and causes injuries, it is often assumed that the bike rider is the victim, and the driver is the one at fault.

However, this is not always the case, and, in some instances, the bike rider may be the one who was negligent and caused the accident. For this reason, careful investigation should be conducted, and evidence should be gathered by an experienced bike crash attorney to support your claims that the driver was at fault in the accident.

DOES CAR INSURANCE COVER A BIKE ACCIDENT?

If you determine the driver was at fault in the accident, you may wonder how you should go about seeking compensation from the driver. Bike riders can file third-party claims with the driver’s insurance company, just like other drivers can in the event of an accident involving two cars. Before filing a claim, you should always discuss your situation with an experienced bike accident attorney due to the complexity of bike accident insurance claims.

MY BIKE ACCIDENT CASE IS IT CIVIL OR CRIMINAL?

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. A bike attorney will instead file your claim as a separate case in civil court. 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 ARE MY FINANCIAL RECOVERY OPTIONS AFTER A BIKE 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 bike 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.

A bike attorney can assist you in filing a personal injury claim in court. In California, cyclists have only two years to prepare and file a claim; if they miss the deadline, they forfeit their right to recovery.

HOW MUCH IS MY BIKE ACCIDENT CASE WORTH?

The value of a claim involving a bike accident can vary considerably from case to case. The following factors will contribute to the valuation of your case:

• The nature and severity of your injuries;
• The costs of your medical treatment 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 endured as a result of your injuries.

Experienced bike accident attorneys can evaluate the specifics of your case to determine the potential value of your claim.

MY BIKE 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 bike accident attorney should seek out the most expedient and favorable means of resolving your case.

General Information Regarding Your California Bike Accident Injury Claims

Problems and concerns unique to bike 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 bike rider’s right to share the road with their vehicle.

The majority of bike collisions occur 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 bike riders crash when a driver opens their driver-side door just as a bike rider is approaching, causing the rider to collide with the door and be thrown.

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

The driver of the vehicle typically uses the same old excuse: I did not see the cyclist. In some instances, it has been reported to us that drivers of motor vehicles intentionally struck or drove off the road a bike 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.

Bikes are permitted to ride on the far right side of the road in California. It is recommended that you ride with traffic flow. Bikes 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.

Since we are familiar with these circumstances, we will fight aggressively on your behalf in the Bike case.

CALIFORNIA PERIOD LIMIT FOR FILING A LAWSUIT Bicycle Accident

California’s current statute of limitations for filing a lawsuit for personal injuries sustained in a bike 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 lawsuit for a bike accident is if you are still receiving treatment for injuries sustained in the accident. In such cases, the full extent of your losses is unknown.

What should you do in the event of a bike accident?

If you are seriously injured, a bike accident can be one of the most traumatic experiences of your life. In the United States, many people die annually in bike accidents. In addition, you are 75% more likely to be injured in a bike 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 bike accidents is that many of the victims are children.

Ensure that you obtain a police report if you are injured in any type of bike collision.

Numerous California law enforcement agencies do not respond to what they consider to be minor bike 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 bike 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.

If the paramedics give you the option of not being transported to a hospital, tell them that you want to be transported to a hospital. 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 bike accident victims, and many types of bike accident injuries could result in internal bleeding or hidden damage that you might be aware of at the time of the accident. After an accident, the body produces the chemical adrenaline, which increases the heart rate. During this process the pain you are experiencing might not seem too severe.

We cannot tell you how many of our clients have been involved in bicycle accidents and gone home believing their pain would subside, only to find themselves immobile a few hours later. GO TO THE EMERGENCY ROOM TO GET CHECKED OUT!

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 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 you to leave your bicycle where it is until the police arrive so they can observe its position and file a report. Only if absolutely necessary should you move your bicycle to the side of the road or the median of a freeway. ONLY MOVE YOUR BIKE IF IT IS NECESSARY FOR YOUR SAFETY!

When obtaining the driver’s information as outlined in the preceding section, be sure to record every detail, i.e., 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, Insurance policy number, date of expiration of insurance, Year, Make, Model, License Plate, Vehicle Identification Number, and Color of all vehicles involved in the accident, Registered owner of vehicle, and License

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.

All witness names, addresses, phone numbers, vehicle types, license plate numbers, etc. 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, you should 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 bike needs to be towed.

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

What do you do with your bike? Following an Accident?

We strongly suggest that you store the damaged bicycle in a garage or other secure location at your residence as evidence for the case. Most likely, an insurance adjuster will visit the bike to evaluate property damage.

The Need for an Experienced California Bike Accident Attorney

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

As a California Bike accident law firm that handles all types of bike accidents all over the State of California, we must above all, highly recommend that you retain an attorney like us to represent you in your bike accident case. Ideally, within the first 24 to 48 hours following the bicycle accident.

We have dealt with numerous individuals who believed they could represent themselves in a bike accident case, 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 bike accident case, filed suit too late, etc.

Our purpose as a law firm is to provide you with aggressive, competent legal representation on your bike 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 are capable of prosecuting your California bike 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 almost 3 decades of 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 bike injury accident and transmit it to our office.