San Francisco Bicycle Accident Lawyer

Whether you are biking to work or just riding throughout the city, riding a bicycle in the city of San Francisco can be a wonderful experience. As many favor the simplicity of riding a bike compared to driving or taking public transportation, it serves as a healthier means to traversing from one point to another, that is until you are injured through no fault of your own.

As bike riders have a limited means of protecting themselves from negligent and reckless car drivers and other bicyclists, and if they are involved in an accident then they need to contact an injury attorney for assistance. If you or a loved one have been injured in a bike accident in the San Francisco bay area, you may be eligible to file a personal injury case and recover damages. 

At West Coast Trial Lawyers, our team of personal injury attorneys are ready to take on your case and fight for you and your loved ones. We are a law firm specializing in personal injury law and with over 20 years of legal experience, our personal injury lawyers are confident that they can get you the maximum compensation you deserve for your losses.

We have recovered over $1.6 billion in financial compensation to our clients and we will continue to do our duty and properly represent them in the California court system. Whether you have been involved in a bicycle crash with a car driver or ran into an open car door on the road, our attorneys have seen them all and they are available 24/7 to address any questions and concerns you may have regarding your case.

To schedule a FREE consultation, you can get in touch with our legal team by calling us at (213) 927-3700 or by filling out our quick online contact form.

Bicycle Accident Statistics in San Francisco

Due to San Francisco’s commitment to creating and maintaining sustainable eco-friendly modes of transportation as an option, people are biking to their destinations more than ever before. However, this has only made bicyclists more vulnerable to bicycle accidents and collisions. According to a bicycle death report conducted by the National Safety Council, bicycle fatalities are up 37% over a 10 year span. While bicycle based fatalities are low on a yearly basis, the chances of it becoming fatal is very likely, so it is crucial that you maintain a level of attentiveness when you are biking on the road.

San Francisco Bike Laws

The city of San Francisco is committed to making sure biking in the city is accident-free. The San Francisco Bicycle Coalition has laid out general rules of the road to all cyclists in the city to ensure that the chances of getting into a bicycle collision is minimized as much as possible. So if you decide to ride a bike, it is important to memorize these rules in order to prevent getting into a serious bike accident.

• Pedestrians always have the right of way (As per CVC 21954 (b))
• Always stop behind the crosswalk (As per CVC 21950 & 21455)
• Obey the signs and lights (As per CVC 21200)
• Stay on the streets (SF Transportation Code Sec. 7.2.12)
• Ride the same direction as traffic (As per CVC 21650)
• Take the lane if needed (As per CVC 21202)
• It’s okay to leave the bike lane (As per CVC 21208)
• Use your lights at night (As per CVC 21201)
• Keep an clear ear (As per CVC 27400)
• Pass on the left (As per CVC 21202)

Main Causes of San Francisco Bicycle Accidents

When it comes to determining the main causes of bicycle accidents, there are a number of different factors to look at such as negligent driving habits and environmental patterns. From what is typically seen in San Francisco, negligent motor vehicle drivers, car door accidents, poor weather, and impaired drivers are some of the most common causes of bike accidents. So if you have been involved in any of the following accidents, it is important to understand the differences between these causes so you can have a better grasp of your situation.

Motor Vehicle Accidents

According to a fatality fact sheet from the Insurance Institute for Highway Safety, a total of 1,084 bicyclists were killed in crashes with motor vehicles in 2022, with about 89% of them being 20 years old and older. As motor vehicles are without a doubt, one of the leading causes of fatalities in bicycle accidents, the liability in these accidents would fall entirely on the driver. Depending on the severity and scale of the accident, injured cyclists or the cyclist’s family can file a claim with an accident lawyer and begin the process of recovering damages. However, it is recommended to hire a bicycle accident attorney in order to secure your chances of recovering damages.

Car Door Accident

A car door accident is when a driver opens their door and a bicyclist runs into it before they have a chance to stop or maneuver around it. It is one of the most common bicycle accident cases due to its simplicity, because most drivers don’t tend to check carefully when they are opening a door. As such, cases such as these are straight-forward and can be solved and processed pretty quickly. However, if for some reason there is any delay then it is recommended to hire an accident lawyer to take a look at what is causing the delay.

Drunk Drivers

Drunk drivers are one of the most serious and common causes of bike accidents on the road due to the driver’s inability to drive properly on the road. The CDC has reported in a Global Road Safety report that more than 28% of all fatal crashes in the U.S. result from impaired driving. However, a 2020 bike accident report by the NHTSA has revealed that about 34% of all fatal bicycle crashes in 2020 were derived from drunk driving accidents.

While riding a bike under the influence is just as illegal as driving under the influence, the chances of a biker getting hit by a drunk driver is more than likely due to the fact that bikers are harder to see from a drunk driver’s perspective. Which is why it is important for bicycle accident victims to file a claim against those responsible for their injuries or else they might be forced to pay for their own medical expenses, which can become costly depending on the severity.

Poor Weather Conditions

A very common cause of accidents on the road, poor weather conditions such as rain, heavy winds, and dense fog can cause a number of bicycle accident injuries because it inhibits rider’s abilities to properly ride throughout San Francisco. It also means they are more susceptible to injuries from external factors such as flying debris, slippery roads, and other drivers who were not aware of their presence.

While these types of bicycle accident lawsuits are harder to file largely due to the fact that you cannot sue for acts of god, but if victims can prove that there was a negligent or reckless party for causing an accident, then they can pursue compensation for their actions.

Common San Francisco Bike Injuries

Considering how cyclists are vulnerable to a number of injuries due to the lack of protective measures, they can sustain any number of injuries when they are struck by a car. Head, spinal cord, and internal injuries are some of the most common in San Francisco bike accidents and depending on the severity of the injury they can potentially become fatal or develop into a long-term health complication.

As helmets and knee pads can only do so much against the impact of an automobile, it is important to familiarize yourself with these injuries so that you have a better grasp of your situation when you file a claim with a personal injury attorney.

Brain Injury

Brain injuries typically occur when a person experiences a bump, blow or jolt to the head. For bicyclists, this is an inevitable injury when they get hit by a car because the impact force of the crash will without a doubt cause riders to get hit on the head. While the fatality rate will be dependent on the speed and angle of the crash, it can still cause devastating results for the accident victim.

Should bicycle riders obtain traumatic brain injury then it may impact their physical or cognitive abilities and functions and can drastically affect their ability to even ride a bike again. Which is why, for those who suffered traumatic brain injuries, it is important to seek a bicycle accident attorney to recover damages, because the associated costs of recovering from a brain injury is extremely costly.

Spinal Cord Injury

A spinal cord injury refers to the damage that has been inflicted directly to the spine and to the bundle of nerves that sends and receives signals from the brain. The spine is considered to be one of the most delicate parts of the body due to its inability to absorb an excessive amount of force. With that in mind, any bike riders who have been struck by a car can potentially cause devastating injuries that can range from mild trauma to long-term paralysis. Much like head injuries, the associated medical expenses of trying to recover from a spinal cord injury is extremely costly and can be an extremely heavy financial burden on people.

Internal Injury

Internal injuries are referred to as any damage to the internal organs as a result of an accident. These injuries can range from internal bleeding to ruptured organs and depending on the severity of the accident, internal injuries can be just as fatal as any other accident. However, compared to the other two, people may mistake internal injuries for something else and will tend to pass it off until it becomes more serious. Which is why, if you have been involved in a bicycle accident, it is vital that you seek a medical professional who can make sure that there are no dormant injuries just waiting to come into fruition.

How Is Liability Determined in a Bike Accident?

When it comes to determining liability in a bike accident, it is usually placed on the one who has largely caused the accident in question. However, if the victim was partially responsible in the accident in question, then according to California law specifically Civil Code 1431.2, a percentage of the victim’s total awarded compensation will be reduced based on their involvement in causing the accident.

For example, if a bike crash happens and the injured rider was 30% responsible for causing the accident in question, then they will lose 30% of their total awarded sum in order to hold them accountable. This also serves as a means to provide the responsible party some financial leeway when providing compensation for the victim.

Available Damages in a Bicycle Accident Case

If you are filing for a bicycle accident claim, you can potentially be awarded a sum for your injuries and damaged property. Those who successfully prove negligence in a bicycle accident case will be awarded economic and non-economic damages. Depending on the nature of the incident and the severity of the injury, victims may be able to claim one or a mixture or both.

However, in some severe cases punitive damages may be awarded in order to give the victim and their family closure and justice. If you are filing a claim with a San Francisco bicycle accident lawyer, it is important to understand the differences between these damages in order to have a better grasp of what you can recover.

Economic

Economic damages are referred to as calculable damages designed to compensate victims for any accrued costs that have arisen from the result of an accident. A few examples of economic losses are things such as medical expenses, lost wages, earning capacity, and physical therapy. If a victim does not file a claim and pursue compensation then they would be forced to cover these costs out of their own pocket and can cost them thousands of dollars.

Non-Economic

Non-economic damages are defined as incalculable damages and these damages are intended to compensate victims for any injuries that are considered to be subjective and naturally difficult to place a specific sum on. For instance, pain and suffering, loss of enjoyment of life, and emotional distress are all things that are subjective and will affect people differently. Due to the subjective nature of these damages, the victim’s personal injury attorney would need to prove that the accident in question has greatly affected the victim.

Punitive

Punitive damages operate differently when compared to economic and non-economic damages largely due to the fact that punitive damages are designed to punish the responsible party for their actions. While punitive damages are rarely issued, it is reserved for those who have committed extremely negligent and reckless acts. This is meant to serve three purposes, to deter similar accidents from occurring in the future, set legal precedence, and to give the victim and their family justice and closure.

What Is The Statute of Limitations in San Francisco? 

According to section 335.1 of California’s legislation states that the statute of limitations for personal injury cases is two years from the incident date. With that in mind, if you do not file a bike accident case within two years then you automatically waive your right to pursue compensation against the responsible party. Depending on the severity of the accident, filing a claim may become a lengthier process than expected, so it is recommended that you file a personal injury claim as soon as possible.

West Coast Trial Lawyers Is Here to Help

If you or a loved one was involved in a bicycle accident and has sustained serious injuries, then they may be able to pursue compensation for their damages. As filing bike accident cases can be a difficult and confusing case to file especially if you are unfamiliar with the legal process, it is vital that you hire a bicycle accident lawyer who is well versed in the California court system and is experienced in negotiating with the insurance company.

At West Coast Trial Lawyers, our team of experienced bicycle accident attorneys are ready to take on your case and represent you during this stressful time in your life. We are a law firm that specializes in personal injury law and with over 20 years of legal experience, our attorneys are confident that they can get you the maximum compensation you deserve for your damages.

We have recovered over $1.6 billion in financial compensation for our clients and we will continue to do our duty to fight for them and handle every case with the utmost care and respect that it deserves. As filing for a bicycle accident claim can be a stressful and confusing process, our team of attorneys will be there every step of the way to address any questions or concerns that may arise in your case.

We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE consultation for your case, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or completing our easy online contact form.

Frequently Asked Questions About Bicycle Accidents 

What if I Am Partially At-Fault?

California is a pure negligence state and according to California Civil Code 1431.2, if you are partially at-fault at causing an accident, a portion of your compensation will be subtracted that is equal to your responsibility. For example, if you were 25% responsible for the accident, then 25% of your awarded compensation will be reduced to take account of your partial responsibility of the accident.

How Much Will I Get in a Settlement for a Bike Accident?

The amount you will be awarded for your settlement will depend on different factors such the severity of your injuries, the scale of the accident, and how well your bike accident attorney can negotiate for your damages on your behalf. For example, cases where the victim has sustained serious injuries with long-term health complications such as a brain or spinal cord injury can earn anywhere within the six figure range.

How Much Do Accident Attorneys Charge in California?

Generally, accident attorneys will operate under a contingency system and this means that they won’t get paid for their services unless they either win or achieve a settlement offer from opposing counsel. Should an attorney manage to achieve either scenario, then they will charge a flat fee for their services and this can range anywhere between 25%-40%, with most averaging around 33%. This is particularly useful for accident victims who cannot afford to pay for an attorney out-of-pocket.