Bicycle Accidents

Fresno Bicycle Accident Lawyer

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Did you know the Pandemic has decreased car accident numbers but, increased bicycle accident numbers?


This is especially true in the larger cities where bike riding is a well-supported mode of transportation.
The theory is that people who traditionally drove a car to work have found that the less crowded streets are more conducive to riding a bike to work.
In addition, staying away from crowds via public transportation and gyms have prompted people to opt to ride their bikes more.


Soaring Medical Costs from Bicycle Accidents


In recent years, and especially since Covid, travel by bicycle has become an increasingly popular way to approach getting from here to there. It is not only an environmentally friendly way to travel, it is comparatively cheap when compared to driving a vehicle, and it can serve as excellent exercise. According to figures published by Statista, 47.5 million Americans considered themselves bike riders in 2017. In 2016, more than 12 percent of Americans cycled regularly.


There are so many benefits to biking and cycling that the increasing popularity of traveling by bike is unsurprising. What is shocking however, is how often bike riders and cyclists are struck by motor vehicles during their travels. According to the advocacy group People Powered Movement, 45,000 injurious bicycle accidents were reported in the U.S. in 2015 alone. Too often, calls to “share the road” with cyclists fall on indifferent or distracted ears.


All Biking and Cycling Accident Victims Deserve Qualified Representation


If you’ve been injured in a bicycle accident, it’s important to connect with our firm as soon as you can. Although infrastructure and city planning doesn’t always properly account for bike-related safety, the law takes bike safety seriously. When a motorist strikes a cyclist, it is usually assumed that the motorist was – if not completely at-fault for the accident – more at-fault for the harm that occurred than the cyclist was. Yes, in rare cases, it is possible that cyclists may be held to be primarily or totally responsible for the accidents that caused them harm. However, in most cases, cyclists are entitled to receive compensation from the motorist that hit them and/or the motorist’s insurance provider.

We can help you explore your legal options so that you can make an informed decision about how you want to proceed.

Every single bike accident victim - regardless of their economic status, immigration status, age, and other personal details – deserves to benefit from knowledgeable, qualified, capable, and passionate representation. Our firm prides itself on treating our clients in the ways we’d treat our loved ones had they suffered injury in an accident. We would be honored to speak with you about your situation. Should you decide to pursue legal action of any kind or attempt to negotiate an insurance settlement, we will handle the legal “heavy lifting” so that you can focus on recovering from your injuries.


Immediately After a Bicycle Accident – Medical Attention Comes First


If you’re still on the side of the road, wondering what to do, immediately after you’ve been struck by a motor vehicle, make two calls and make them in this order – call 911 to receive emergency medical attention and then call our firm to alert us to your situation. Your medical needs always need to come before any legal or financial concerns in the wake of your accident. If you require emergency medical attention, get it now. If you’re worried about affording the ambulance ride and the emergency room visit, please set those worries aside for now. You’ve been struck by a massive vehicle. The chances are very high that you’ll be entitled to compensation that will cover the cost of your medical bills, unless the accident was somehow (again, very unlikely) entirely your fault.


If you just can’t set your financial worries aside, call someone to take you to the hospital instead of calling an ambulance, but get medical attention immediately. You could have internal injuries that you can’t yet perceive because adrenaline is pumping through your veins in the wake of the impact you just absorbed. Only after you’ve called for medical attention and put in a very quick call to us, should you turn your attention to the accident scene while you’re waiting for medical help to arrive.


Immediately After a Bicycle Accident – Next Steps


As you wait, if your phone is available or if a witness can take pictures on your behalf, snap photos and/or video of the accident scene. Make sure to document the vehicle that hit you and the surrounding scene. If you haven’t moved your bike yet, get a shot of where you fell. Also, take down the names and contact information of any witnesses to your accident and the name and insurance information of the individual who hit you. All of this information will be invaluable later as we begin to build your case.


After you’ve received medical attention, take a little time to either write down or record (audio or video) your recollection of the events leading to the crash, the moment that the collision occurred, and the immediate aftermath of your accident. Your memory will start to fade (at least in regard to certain details) very quickly after your accident. Having these recorded memories to reference whenever you need to will be more helpful than you can probably imagine right now.


If, for any reason, you have not yet contacted our firm to alert us to your accident, now is the time to do so. Given that you’ve already received medical attention and left the scene, we’ll probably schedule a case evaluation appointment for you, which will take place as soon as possible. This meeting is confidential and doesn’t obligate you to take any legal action or to work with our firm going forward. We offer consultations so that prospective clients can clarify their options and ask questions before committing to a plan of action. 


Common Causes of Bicycle Accidents


Most of the common causes of biking and cycling accidents are behaviors that can be shared by motorists and riders alike. However, as bike riders and cyclists tend to be aware of the likelihood that their dangerous behavior could get them killed, these behaviors are more commonly attributed to motorists in such crashes.


  • Inattention – Intentional and unintentional distractions cause a significant number of rider crashes each year
  • Failure to yield – Neither motorists nor riders are always aware of the rules of sharing the road. Therefore, a failure to yield properly in various traffic scenarios is a common problem
  • Dangerous conditions – Ill-maintained roads, poor visibility, and inclement weather all regularly contribute to rider crashes in California and throughout the U.S.


Do You Need to Speak with a Lawyer if You’ve Been Struck While Biking?


It’s possible that you’ve already been approached by insurance carrier who represents the policy held by the motorist who struck you. Even if you’re fairly certain that you want to avoid filing formal legal action against the driver who caused your injuries, it’s important to speak with our firm before moving forward. Insurance providers are – as all for-profit businesses are – beholden to their stock holders. As a result, they will do whatever they’re legally allowed to do (and perhaps some things that they aren’t legally allowed to do) to protect their company’s bottom line.

You may be tempted to take the first settlement offer you’re presented with, to give them a statement if they request one from you, and to move on with your life. That’s understandable. However, the chances are high that you’re owed far more than the amount presented in an initial settlement offer. Our firm can help to ensure that, should you accept a settlement offer, it is negotiated to an amount that is truly fair under the circumstances.


Additionally, if you’re thinking about filing legal action against the driver who hit you, you won’t want to navigate that process alone. Filing a personal injury lawsuit is a complex business. Most of the time, these suits require the plaintiff (that’s you) to “battle” big corporations (insurance companies, auto manufacturers) and/or municipalities before a settlement or verdict is reached.

You’ll want to make sure that your interests are represented by a firm that understands relevant laws inside and out, has experience with negotiations and settlements of bicycle accident cases, and knows how and when to “push” to better ensure a positive outcome for its clients. When you work with our firm, you can rest assured that we will approach your case in a knowledgeable, experienced, and determined way on your behalf.


Does it Matter if You Were Partially At-Fault for Your Accident?


As mentioned above, it is rare that a bike rider or cyclist is considered to be more at-fault for a motor vehicle collision than a motorist is. That means that even if you’re partially to-blame for your accident, you can probably still recover financial damages tied to your injuries. Whether your child road his or her bicycle part-way into the street before being hit, you failed to cross the street at a designated intersection, or you were distracted while biking, the law is generally on your side. Barring extraordinary circumstances, motorists driving massive, potentially destructive machines are generally held to a higher degree of safe operation of their vehicles.

It’s important not to make assumptions about the potential relative strengths and weaknesses of your case before receiving a case evaluation. Even if you’re partially to-blame for your accident, it may still be well worth your time to pursue an insurance settlement and/or formal legal claim.


Is Pursuing Compensation “Worth” the Stress of Pursuing Legal Action?


If you’re currently trying to recover from a traumatic biking or cycling accident, you may be wondering whether the benefits of exploring your legal options are going to be worth the “fuss” that it will take to explore them. First, it’s important to note that the consultation process usually doesn’t take terribly long or much effort. If you’re still in the hospital, we can even come to you.

Second, know that the stress of absorbing your medical costs, lost wages, and other accident-related expenses over time is usually a greater burden on families than exploring your legal options is. Depending on the kinds of injuries you’ve sustained, you might not even know yet how much your recovery is going to cost your family. Imagine waking up one day, months from now, wondering if you should have tried to get those costs covered via an insurance settlement or legal claim when you had the chance. Isn’t that the kind of preventable regret that is best avoided?


Why Should Our Firm Help You Navigate Your Legal Options?


Fresno hasn’t always been a hub for bike riders and cyclists. However, in recent years, the popularity of biking and cycling has become undeniable. Unfortunately, we’ve had to represent too many clients who have suffered as a result of being struck by motorists. Our extensive experience with these cases has allowed us unique insight into the process of seeking compensation for biking and cycling injuries. Whether your child was struck while riding down a residential road or you were struck while riding to work on a major thoroughfare, our team has the experience and the passion to serve as capable, focused, and dedicated advocates on behalf of your interests.

Call today to receive a confidential case evaluation. When it comes to personal injury claims, knowledge is indeed power. By having your case assessed by experienced professionals, you’ll be empowered to make a truly informed decision about your legal options. We look forward to speaking with you.





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Bicycle Defined. VC 231

Defines bicycle as a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears and having one or more wheels. Specifically provides that persons riding bicycles are subject to Vehicle Code provisions specified in Sections 21200 and 21200.5 (see below).

Bicycle Use. VC 21200

Every person riding a bicycle upon a street or highway has all the rights and is subject to all the duties applicable to the driver of a vehicle, including the provisions of law dealing with driving under the influence of alcoholic beverages or drugs, except those provisions which by their very nature can have no application.

Bicycling Under Influence of Alcohol or Drugs. VC 21200.5

Provides that it is unlawful to ride a bicycle upon a street or highway while under the influence of an alcoholic beverage or drug or the combination of alcohol and a drug, punishable by a fine of up to $250. A person arrested may request a chemical test. If the person is under 21 but over 13 years of age, his or her driving privilege will be suspended for one year or delayed for one year once the person is eligible to drive.

Equipment Requirements. VC 21201

  1. No person shall operate a bicycle on a roadway unless it is equipped with a brake which will enable the operator to make one braked wheel skid on dry, level, clean pavement.
  2. No person shall operate on the highway any bicycle equipped with handlebars so raised that the operator must elevate their hands above the level of their shoulders in order to grasp the normal steering grip area.
  3. No person shall operate upon any highway a bicycle which is of such a size as to prevent the operator from safely stopping the bicycle, supporting it in an upright position with at least one foot on the ground, and restarting it in a safe manner.
  4. Every bicycle operated upon any highway during darkness shall be equipped with the following:
  • A lamp emitting a white light which illuminates the highway and is visible from a distance of 300 feet to the front and the sides of the bicycle.
  • A red reflector mounted on the rear of the bicycle and visible from 500 feet to the rear of the bicycle.
  • A white or yellow reflector mounted on each pedal visible 200 feet to the front and rear of the bicycle and a white or red reflector on each side to the rear of the center of the bicycle, except bicycles which are equipped with reflectorized tires on the front and the rear need not be equipped with side reflectors. All reflectorized tires must meet DMV requirements.
  1. A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front and from the sides of the bicycle, may be used in place of a lamp attached to the bike.

Duty of Bicycle Operator: Operation On Roadway. VC 21202

  1. Any person operating a bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as close as practicable to the right-hand curb or edge of the roadway except under any of the following situations:
  • When overtaking and passing another bicycle or motor vehicle proceeding in the same direction.
  • When preparing for a left turn at an intersection or into a private road or driveway.
  • When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and a vehicle to travel safely side by side within the lane.
  1. Any person operating a bicycle on a one-way street or highway with two or more marked traffic lanes, may ride as near the left-hand curb or edge of such roadway as practicable.

Hitching Rides. VC 21203

No person riding upon any motorcycle, motorized bicycle, bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or themselves to any streetcar or vehicle on the roadway.

Riding On Bicycle. VC 21204

  1. No person operating a bicycle on a highway shall ride other than on a permanent and regular attached seat.
  2. No person operating a bicycle on a highway shall allow anyone to ride as a passenger other than on a separate attached seat. If the passenger is four years old or younger or weighs 40 pounds or less, the seat shall adequately retain the passenger in place and protect him/her from the bicycle's moving parts.

Carrying Articles. VC 21205

No person operating a bicycle shall carry any package, bundle, or article which prevents the operator from keeping at least one hand upon the handlebars.

Permitted Movements from Bicycle Lanes. VC 21208

  1. Whenever a bicycle lane has been established on a roadway, any person operating a bicycle upon the roadway at a speed less than the normal speed of traffic moving in the same direction shall ride in the bicycle lane, except under the following situations:
  • When overtaking or passing another bicycle, vehicle, or pedestrian within the lane or about to enter the lane if such overtaking and passing cannot be done safely within the lane.
  • When preparing for a left turn at an intersection or into a private road or driveway.
  • When necessary to leave the lane to avoid debris or other hazardous conditions.
  1. No operator of a bicycle shall leave a bicycle lane until it can be done safely and then only after giving an appropriate hand signal in the event that any vehicle might be affected by the movement.

Parking. VC 21210

No person shall leave a bicycle lying on its side on any sidewalk, or shall park a bicycle on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic. Local authorities may prohibit bicycle parking in designated areas of the public highway, provided appropriate signs are erected.

Obstruction of Bikeways. VC 21211

No person shall place or park a bicycle or vehicle so as to impede or block the normal and reasonable movement of any bicyclist on a bikeway or bicycle path or trail unless the placement or parking is necessary for safe operation or otherwise in compliance with the law.

Youth Helmets. VC 21212

Prohibits persons under 18 from riding or being a passenger on a bicycle without wearing helmets meeting specified standards (ANSI or SNELL). Violations are punishable by a fine of not more than $25.

Bicycles on Roadways VC 21650.1

A bicycle operated on a roadway or highway shoulder shall be operated in the same direction as vehicles are required to drive upon the roadway.

Bicycling on Freeways VC 21960

  1. The Department of Transportation and local authorities may prohibit or restrict the use of freeways or any portion thereof by bicycles.
  2. Such prohibitory regulations shall be effective when appropriate signs giving notice thereof are erected upon the freeway and the approaches thereto.

Hand Signals. VC 22111

All required signals given by hand and arm shall be given in the following manner:

Left turn-hand and arm extended horizontally beyond the side of the bicycle.

Right turn- left hand and arm extended upward beyond the side of the bicycle or right hand and arm extended horizontally to the right side of the bicycle.

Stop or sudden decrease of speed signal- left hand and arm extended downward beyond the side of the bicycle.

Toll Crossing. VC 23330

Except where a special permit has been obtained from the Department of Transportation, bicycles shall not be permitted on any vehicular crossing, unless the Department by signs indicates that bicycles are permitted upon all or any portion of the vehicular crossing.

Headsets and Earplugs. VC 27400

No person operating any vehicle, including a bicycle shall wear any headset covering, or any earplugs in, both ears. There are exceptions for persons operating authorized emergency vehicles, special construction or maintenance equipment and refuse collection equipment, and for any person wearing personal hearing protectors designed to attenuate injurious noise levels and which do not inhibit the wearers' ability to hear a siren or horn from an emergency vehicle or horn form another motor vehicle, and for any person using a prosthetic device which aids the hard of hearing.

License Requirement. VC 39002

  1. A city or county may adopt a bicycle licensing ordinance or resolution providing that no resident shall operate any bicycle on any street, road, highway, or other public property within the city of county, unless such bicycle is licensed in accordance with this division.
  2. Any bicycle not licensed under this division may be additionally regulated or licensed pursuant to local ordinance or may be licensed upon request of the owner.
  3. It is illegal for any person to tamper with, destroy, mutilate or alter any license indicia (marking) or registration form or to remove, alter, or mutilate the serial number, or the identifying marks of a licensing agency's identifying symbol on any bicycle frame licensed under the provision of this division.

Throwing Substances on Highways or Adjoining Areas. VC 23111 7 23112

No person in any vehicle shall throw or discharge from or upon any road, highway or adjoining area, pubic or private, any lighted or non-lighted cigarette, cigar, match or any flaming or glowing substance.

No person shall throw or deposit upon a highway any bottle, can garbage, glass, wire, nails, paper or any substance likely to injure or cause damage to traffic using the highway.

Note: Some of the sections of the laws listed above have been reworded slightly and/or abbreviated. For exact language, refer to the referenced sections in the California Vehicle Code.

In addition to these state laws, many communities have local ordinances. Check with your local police department regarding bicycle registration, licensing, and regulations (sidewalk riding, etc.) in your area.

To see the California Bicycle Laws, please go to the California Legislative Information site.

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