Visalia Bicycle Accident Lawyer

Bike riding offers an enjoyable and eco-friendly experience. Cyclists are entitled to share the road with motor vehicles and expect to receive the same respect and safety as others. Unfortunately, despite these benefits, bicycle accidents continue to occur. From distracted driving to failure to yield, these crashes often happen in several ways that are preventable. And when they do, the outcome can result in severe or fatal injuries.

Affected victims are eligible to file a bicycle accident claim to recover compensation. At West Coast Trial Lawyers, our Visalia personal injury attorneys will initiate a thorough investigation, establish fault, pursue full compensation, and argue your case before a judge or jury to secure favorable results on your behalf. With our help, you will not have to undergo a complex legal system on your own or act under pressure.

Our team works under a contingency-fee basis, meaning you owe us nothing unless we successfully settle your case. To get started on your bicycle accident claim, you can schedule a FREE consultation with one of our experienced personal injury attorneys by calling (213) 927-3700 or filling out our easy online contact form. We are available 24/7 to answer phone calls and form submissions.

Common Causes of Bicycle Accidents

Bicycle accidents happen due to various circumstances. It can range from human error to environmental factors. Let’s take a detailed look at each contributing factor in the sections below.

Distracted Driving

Distracted driving often derives from motorists focusing on something other than the road. For instance, using cell phones, adjusting the music, eating, or simply daydreaming can easily cause a vehicle operator to overlook a cyclist on the road. Because bikes are much smaller in size, they are more likely to be missed, especially if a driver is not paying full attention to their surroundings.

To reduce the number of distracted driving cases, California law has enforced the following:

• CVC 23123: This law prohibits drivers from operating a handheld wireless telephone while operating a vehicle, and must use hands-free devices instead.
• CVC 23123.5: Drivers are banned from using a smartphone or other electronic devices to read, write, or send text messages. Voice-activated features are generally allowed.
• CVC 23124: Drivers under the age of 18 cannot use any electronic wireless communications device while operating a vehicle regardless of whether it is hands-free.

Failure to Yield

Under CVC 21804, drivers entering a highway will need to yield the right of way to oncoming traffic, including bicyclists. This especially applies if the bike rider is close enough to be affected. The driver will need to wait for them to pass and then proceed safely. Unfortunately, in some cases, there are vehicle operators who will fail to yield the right of way to cyclists, particularly at:

• Intersections
• Crosswalks
• Making turns

They will either misjudge the cyclist’s movement or ignore their responsibility of sharing the road, increasing the likelihood of a collision.

Speeding

Speeding drivers will have less time to react to cyclists who suddenly appear in their path. This type of collision tends to result in more serious or life-threatening injuries, particularly for bike riders who do not have proper protection available to reduce the intensity of impact. To prevent the likelihood of a speeding accident, the following regulations have been established:

• CVC 22349: The maximum speed limit on most highways are 65 mph and 55 mph on two-lane undivided highways unless otherwise posted.
• CVC 22350: No individual should operate a vehicle on a highway at a speed more than is reasonable or prudent, considering weather, visibility, and traffic conditions.
• CVC 22352: Drivers must obey the following limits – 15 mph on any alley and 25 mph near schools, senior centers, and business or residential districts.
• CVC 22406: Under this regulation, certain vehicles are restricted to a maximum speed of 55 mph on highways regardless of the higher posted limits presented. Some of these include truck tractors, school buses, and vehicles transporting explosives.

Unsafe Lane Changes

Bicycles are small and can be difficult to spot in heavy traffic or low-light conditions. Drivers failing to properly signal and check their blind spots, while in the presence of cyclists, will make unsafe lane changes, thus increasing the risk of accidents, like sideswipes. 

Dooring Accidents

A dooring accident happens when a person in a vehicle opens their door into an oncoming cyclist. These cases are quite common in urban areas and can trigger a cyclist to be diverted directly into traffic. Motorists will need to comply with CVC 22527 by cautiously checking their surroundings before opening car doors.

Defective Bike Components

There are cases in which a mechanical failure can contribute to a bike accident. Defective brakes, tires, or handlebars can ultimately lead to loss of control. Given the circumstances, liability may be placed on the bicycle manufacturer or a negligent repair shop.

Low Visibility

If low visibility is presented, drivers will be unable to notice a cyclist and have enough time to react if they suddenly appear on the road. To prevent such a collision, it is encouraged for bike riders to wear bright or reflective clothing to remain noticeable while on the road.

Poor Road Conditions

Uneven pavement, potholes, or inadequate signages can create dangerous road conditions for cyclists. Unlike cars, bikes are less stable and can be more affected by these irregularities. If an accident occurs as a result of poor road conditions, property owners or government entities in charge of the area can be held responsible for injuries and damages.

Types of Bicycle Accident Injuries

A bike crash can be classified as a personal injury accident, especially if it is caused by a negligent driver or unsafe road conditions. Bodily harm can range from mild to life-threatening, with some victims enduring catastrophic injuries that can affect every aspect of their lives. Common types include the following:

• Broken bones
• Spinal cord injuries
• Traumatic brain injuries
• Internal injuries

Depending on the intensity of the impact and what part of the body was heavily affected, temporary or permanent disability may also occur.

What to Do if Someone Hits You on a Bike?

If someone hits you while you are on a bike, your first priority would be to prioritize your safety. But, it is also important to consider the following steps to protect your rights, as well.

Contact the Police

If possible, try to move to a safe location and contact your local authorities. The police will arrive shortly after and document the scene. Paramedics will also show up to assist the injured parties.

Seek Medical Attention

Even if you did not sustain serious injuries, you should see a doctor shortly after the incident. If you are evaluated and notable bodily harm is detected, you will receive a personalized medical treatment plan to help with your recovery. Documentation made during each visit can help connect your injuries to the bicycle accident, and support a potential claim for financial compensation.

Document the Scene

Take photos of your injuries along with property damage and the road conditions. Other details you should gather include:

• CCTV footage
• Witness statements
• A copy of the police report and your medical records

Exchange Information

Try to exchange contact, insurance, and vehicle information with all parties involved in the bike accident.

Consult with a Visalia Bicycle Accident Lawyer

After the collision, it is crucial to speak to an experienced personal injury attorney as soon as possible. They will advocate on your behalf and ensure your legal rights are protected throughout the duration of your case.

To be more specific, a Visalia bicycle accident lawyer will gather evidence to establish liability, calculate the full extent of losses you incurred, negotiate with the insurance companies to prevent you from accepting an unfair offer, and file a lawsuit if an agreement cannot be reached. Acquiring legal services will give you a peace of mind while you focus on recovering, and will help secure the financial compensation needed to rebuild your life.

Who Is Usually At Fault if a Bicycle Is Involved in an Accident?

Establishing fault in a bicycle accident will require the injured party to prove that another individual or entity was negligent, as in, they failed to act with reasonable care and that ultimately led to the crash.

The following elements will need to be established to succeed in a bicycle accident claim:

• The defendant owed a duty of care to you
• The defendant failed to uphold their duty of care
• The defendant’s actions directly caused your bodily injuries
• You suffered actual damages as a result of the bike accident, like medical expenses, lost income, and pain and suffering

Under California’s pure comparative negligence law, your compensation will be reduced based on your percentage of fault. So, if you are 20 percent liable and total damages are $90,000, you could still acquire $72,000.

Common defendants in a bicycle accident case include:

• Negligent drivers
• Government entities
• Bicycle manufacturers
• Property owners or businesses
• Other road users, like cyclists or pedestrians

How Helmet Use Affects Personal Injury Claims

In a bicycle accident, a common question that is asked is whether the injured cyclist was wearing a helmet at the time of impact, and how that could affect their ability to recover compensation. While California law does require helmets in certain situations, not having one on does not automatically exempt someone from pursuing a personal injury claim. But, it could affect the settlement value depending on the circumstances involved.

Under CVC 21212, only bike riders who are 18 and younger must wear a helmet while traveling on public roads, bikeways, or trails. The helmet will need to meet U.S. Consumer Product Safety Commission (CPSC) standards. Even though it is not required for adults to have one on, it is still strongly recommended to ensure safety.

In terms of liability, if a cyclist is injured due to someone else’s negligence, they may be entitled to seek compensation regardless of helmet use. But, the defense may argue that not wearing the protective gear could have contributed to the severe injury, specifically if a head or brain injury occurred. 

But, if the cyclist suffered other types of bodily harm, the absence of a helmet will likely have little to no impact on fault or damages. The defense will need to demonstrate a clear connection between the missing gear and the intensity of the injury to have liability reduced.

Bicycle Accidents and Wrongful Death

Bicyclists are considered one of the most vulnerable road users on California’s roads. They have inadequate protection against brute force and are often surrounded by negligent drivers. These factors can increase the likelihood of a fatal outcome. 

In the case where a bicycle accident results in death, the victim’s surviving family members may be entitled to file a wrongful death claim to seek compensation and accountability. Under California Civil Code of Procedure 377.60, certain individuals who can pursue legal action include the following:

• Surviving spouse or domestic partner
• Children or issue of deceased children
• Anyone who is entitled to the property of the decedent by intestate succession

Recoverable damages in a wrongful death claim may include:

• Hospital fees
• Funeral and burial expenses
• Loss of financial support
• Loss of companionship
• Loss of household services

What Compensation Can I Get for a Bike Accident?

If you have been injured as a result of a bike accident that was caused by another individual or entity, you may be eligible to recover financial compensation through a personal injury claim. These damages will help you achieve physical and financial recovery.

Determining the amount you are owed will vary depending on the following factors:

• The extent of your injury
• Percentage of fault
• Current and future medical bills
• Lost wages and earning capacity

To get an idea of what you may be eligible to receive, you can use our personal injury settlement calculator by inputting the losses you sustained after the incident.

Typically, personal injury victims may be granted both economic and non-economic damages. This includes:

• Medical expenses
• Lost income
• Property damage
• Emotional distress
• Pain and suffering

In rare cases, punitive damages may also be given. This is used to punish the defendant for exhibiting egregious behavior and deter future wrongdoing. To prove punitive damages, you will need to show how the defendant acted with malice, oppression, or fraud.

The Importance of Finding a Local Bike Accident Lawyer

Finding the right local bike accident lawyer can make a significant difference with the outcome of your case. Below, we will explore key advantages they can offer.

Understands Traffic Laws and Bike Infrastructure

A local personal injury attorney will understand the city’s road conditions, where the dangerous crossings are, and patterns of negligence that can affect bike riders. Their knowledge will help them develop strong arguments and investigate your case thoroughly. Essentially, they are better equipped to apply California’s rules and regulations relevant to your area.

Familiar with Local Courts and Judges

Each court system implements unique procedures, deadlines, and personnel. A local bicycle accident lawyer will know how they handle personal injury claims and filing and motion practices. This can help your case move smoothly as it will reduce the likelihood of mistakes that could result in delays or re-filings, saving you time and money.

Connections to Local Resources and Experts

Local personal injury lawyers have a network full of medical experts, accident reconstruction specialists, and investigators. These parties can provide crucial insights and evidence, assisting you in developing a persuasive claim, especially if you are pursuing compensation for serious or fatal injuries.

Personalized Services

Working with Visalia personal injury attorneys will make it easier to meet in person, attend depositions, and get frequent updates. They are more likely to provide personalized attention rather than hand your case off to a staff or satellite offices.

West Coast Trial Lawyers Is Here to Help

Bicycle accident victims are entitled to seek compensation by filing a personal injury claim against the at fault party. At West Coast Trial Lawyers, our Visalia personal injury lawyers are readily available to provide the legal guidance and support you need to get you the best outcome possible.

Our team will gather crucial evidence, establish fault, negotiate with the insurance adjuster, and defend you in court if your case heads to trial. With our proven track record of success, we remain determined to help each of our clients rebuild their lives with confidence.

To set up a FREE consultation, you can get in touch with us by calling (213) 927-3700 or completing our convenient online contact form.

Visalia Bicycle Accident FAQ

Is There a Time Limit to Make a Bicycle Accident Claim?

Under personal injury law, the time limit to file a bicycle accident claim is two years from the date of when the incident took place. If a wrongful death occurred, the surviving family will have two years to take legal action starting from the date of death. And if the defendant is a government entity, you must file within six months from the event.

Missing these deadlines can cause you to lose your opportunity of securing compensation, no matter how strong your case may be. This is why it is important to speak with a Visalia bicycle accident lawyer soon after the collision. They will keep you on the right track, ensuring important documentation has been submitted in a timely manner. 

Do Cyclists Have the Same Road Rights as Drivers?

Cyclists do have the same road rights as drivers. This is established under CVC 21200, which indicates that cyclists are subject to all of the same rules as motorists, unless certain regulations say otherwise. This means that bike riders will have the right to:

• Travel in traffic lanes
• Make left-hand turns
• Use available bike lanes
• Receive the same respect and caution as drivers

But, cyclists will need to comply with the same laws, like:

• Obey traffic signs and signals
• Yield when needed
• Ride in the same direction as traffic

Understanding these shared rights is crucial, especially if you are proving negligence or defending yourself against fault in a bicycle accident claim.

How Do I Know if I Have a Case for My Bicycle Accident?

You may have a valid bicycle accident case if your injury was caused by someone else’s negligence, whether it was because of a driver or a manufacturing defect. To determine if you should move forward with the legal process, you can present your case to our Visalia personal injury lawyers. Some key factors will be considered before proceeding with your case:

• Was the other party at fault?
• Did you sustain any injuries or losses?
• Are you within the legal limit?
• Have you gathered supporting evidence?

Even if you are unsure whether another party was at fault, it is still worth speaking with our legal team. We will evaluate the information provided and navigate you toward the option that best protects your rights and interests.

How Much Do Accident Attorneys Charge in California?

In California, most bicycle accident attorneys operate under a contingency-fee basis. This means that you are not required to pay upfront fees or hourly rates. Instead, the attorney’s fees will be a percentage of the settlement awarded in your personal injury case.

Usually, this will range from 33 to 40 percent of financial recovery. The exact amount will depend on multiple factors, such as:

• The complexity of the case
• The amount of work required
• If the case heads to trial or settles prior

If you do not win, you do not owe any fees to your attorney.

It is important to have a clear understanding of a law firm’s fee structure before hiring them. So, be sure to have this covered during your initial consultation.

Does Insurance Cover Bike Accidents?

Insurance can cover bike accidents, but the extent of coverage will vary depending on multiple factors, like:

• The insurance policy
• Who is at fault
• Specifics surrounding the collision

For instance, if a cyclist was involved in a motor vehicle accident, the driver’s personal auto insurance may cover injuries and damages. The two types that may apply in this case are liability coverage and uninsured/underinsured motorist coverage.

In some cases, homeowner’s or renter’s insurance may compensate for costs associated with a damaged bicycle. Some examples include the following:

• Fire-related loss
• Theft or vandalism
• Damage occurs on the premises

Although bicycle accident insurance is not required in California, some cyclists own it to protect themselves against financial losses caused by accidents or theft. Your health insurance may also cover medical expenses you incurred from the bike crash regardless of fault. But, insurers may want to seek reimbursement from the responsible party’s insurance through subrogation.