Bicycling is an easy and fun activity that many people enjoy as a form of exercise. Others use it as a primary form of transportation if they don’t have a car or simply wish to avoid sitting in traffic whenever it’s possible.

No matter why you ride a bike, there is always a risk of accidents involving other drivers and pedestrians. Did you or a member of your family sustain injuries from a bicycle accident? Did your spouse or relative die in a bike accident because of another party’s negligence? You may have the option of filing a personal injury lawsuit and obtaining monetary compensation. However, navigating the legal system and fighting for a fair settlement can be extremely difficult, especially when you are recovering from the physical and emotional harm caused by an accident. That’s why our legal team is here for you 24/7, so reach out today and schedule a free case evaluation.

California Laws on Riding Bikes

The state of California has certain laws that pertain to the ownership and usage of bicycles. Outlined in the California Vehicle Code (CVC), here are the laws that have to do with your rights and responsibilities as a bicyclist:

• CVC 21200: Those riding bikes have the same rights and legal obligations as people in motorized vehicles.
• CVC 21200.5: It is against the law to operate a bicycle under the influence of alcohol or drugs.
• CVC 21201 and 21204: Bikes must be equipped with brakes and handlebars that do not go higher than the rider’s shoulders. Additionally, the bike must have a headlight that’s visible from the front and a rear reflector in red. The pedal reflectors and side reflectors should be white or yellow. All bikes must have permanent, securely attached seats. If you have a passenger weighing less than 40 pounds (a baby, for example), the bike must have a rear seat that protects them from moving parts.
• CVC 21202: You must ride as close to the curb as possible if you are moving slower than normal traffic. The only exception is when the cyclist is passing a car, preparing to turn left, or avoid hazardous road conditions.
• CVC 21203: It is illegal to hold onto a vehicle while riding a bicycle (hitching a ride)
• CVC 21205: No items can be carried on a bike that prevent the cyclist from keeping at least one hand on the handlebars at all times.
• CVC 21208: bike riders must use the bike lane at all times except when turning left, passing, or avoiding hazards on the road.
• CVC 21760: drivers of motorized vehicles must maintain a space of at least 3 fees between themselves and a bicycle when passing.
• CVC 21650: bicyclists must travel in the direction of traffic and stay on the right side of the road at all times.

These are state laws, but bicyclists must also comply with local laws, like the Los Angeles Municipal Code (LAMC). For example. LAMC 56.15 prohibits cyclists from being on sidewalks with a disregard for the safety of pedestrians.

According to the JAMA Network Open, traumatic brain injuries account for three-fourths of all fatalities associated with bike crashes. Two-thirds of those who are hospitalized after a bike accident also end up with TBI, typically from a concussion.

Injury to the brain is the most common cause of long-term health complications and death after a bicycle accident. The JAMA Network stresses the importance of helmets, which have been known to reduce the risk of TBI as much as 88%. However, many people find helmets to be a nuisance or feel they are unnecessary for short rides.

The Insurance Institute for Highway Safety (IIHS) also talks about the reduced risk of head injury when you wear a bike helmet. According to the HIS, only 17% of people that died in a bike accident in 2014 were wearing helmets at the time.

Aside from traumatic brain injury, accidents on a bike can results in various injuries to the face, neck, back, spinal cord, hip, knees, ankles, wrists, and other parts of the body. Some people are lucky to end up with just bruises and cuts, but there is no denying that you can lose your life while riding a bicycle.

Why are bike accidents such common occurrences in California? There are numerous answers to this question, but we can say for sure that accidents happen anywhere, from residential neighborhoods to traffic-congested streets in downtown Los Angeles. Even if you have been riding bikes for most of your life, anyone can be injured by:

• Reckless drivers: all drivers of motorized vehicles have a duty of care to others on the road, including people on bikes. Drivers must always keep a safe distance between themselves and bike riders. This is one of many traffic rules and common sense measures that can keep cyclists from serious injury or death.
• Reckless bicyclists: cars are not the only source of injuries to a cyclist; those on bikes can also cause harm to themselves and others. Weaving in and out of traffic, getting too close to a car, and other careless actions can increase the possibility of an accident.
• Poor road conditions: cracked concrete, patches of ice, and potholes are just some of the hazards that can cause you to lose control while riding a bike. Dangerous road conditions also include lack of lighting, broken traffic signals, and various failures by public entities in charge of road maintenance.
• Defective bicycles: defects with a bicycle can easily result in accidents, which is why you must stay on top of repairs and maintenance as a bike owner. However, consumers can also be injured if negligence by the manufacturer is why the bike is defective.

The person riding the bike may have acted carelessly and caused themselves to be injured. However, there are many accidents that would not have happened were it not for negligence by others. When you sustain injuries and property damage because of irresponsible or malicious conduct by someone else, you may be entitled to payment for your medical bills and other expenses.

Here are some things to consider when it comes to liability for a bicycle accident:

• Drivers can be liable for injuries to a cyclist if they engaged in negligence that caused or contributed to the accident.
• People on bikes may be partially at fault for an accident, but they can still claim damages for the percentage of fault assigned to the other party.
• City, county, and state agencies may be responsible for a bike accident due to a failure to fix and maintain the road.
• Bicycle and parts manufacturers can be sued for injuries from a bike accident if there was a defect with the item, such as improper design, lack of safety features, faulty wiring, and low grade materials.

If your accident on a bike involves any of these circumstances, contact the offices of DTLA Law Group right away. A bicycle accident lawyer can determine your eligibility for compensation and fight to recover every penny you deserve.

Just because you are involved in an accident is not reason enough to justify a personal injury lawsuit. There must be evidence that proves someone other than yourself did something to cause or contribute to the incident. To put in another way, the party you are suing must have been negligent in their duty of care. To establish negligence and show that the defendant is liable for your physical and emotional injuries, you must prove:

• The party owed you a duty of care. In the context of a bike accident, a driver must exercise caution and keep an eye out for pedestrians and people on bikes and scooters. They must also obey traffic laws and refrain from operating a vehicle while under the influence of drugs or alcohol. This can affect their judgement and reaction time, which increases the possibility of hitting someone.
• By doing something reckless or careless, the defendant breached the duty of care. This can include a wide variety of acts, including running a red light, being distracted on your phone, speeding, or failing to make repairs on a vehicle.
• The breach of duty by the defendant caused an accident that resulted in physical injuries and damage to your bike / other property. You may also have trauma from the accident that manifests in mental health issues, like anxiety, mood disorders, depression, panic attacks, and sleep disorders.

You already know that people have to be covered by insurance to operate a motor vehicle, like a car, van, or truck. But bicycles are not classified as motor vehicles, which begs the question: Can I file an insurance claim if I was injured in a bicycle accident?

The answer depends on numerous variables, like the cause of your accident and who is responsible for the event. So, the specific cause of the accident and all the parties involved are the first elements that have to be established in order to verify your eligibility for an accident claim. Regardless of the details, you can be certain that your damages will be covered if the liable entity carries insurance for bodily injury to others. If the other party is not insured, your own policy’s uninsured / underinsured motorist coverage may be used to cover your financial losses. You can also tap into UI/UIM coverage if the other party’s policy limits are too low to pay for your medical needs, property damage, etc.

Many people run into difficulties with insurance companies after an accident, even when it’s not their fault. Claim denials, stall tactics, vague and unhelpful answers can frustrate and overwhelm claimants, but a bicycle accident injury lawyer can overcome these hurdles one by one and help you achieve the result you’re looking for.

Due to the common nature of bike accidents, there are many cases you can study to get an idea of settlement values and how these lawsuits play out in real life. Of course, many variations exist from one case to another, and there is no guaranteeing the results when you enter into a legal action. However, settlements and verdicts from the past provide helpful information to those who are seeking justice after being harmed by someone else. With that in mind, take a look at the following examples:

Peter Reed, the plaintiff in this case, was riding his bicycle on Santa Monica Boulevard. As he approached an intersection at Kings Road, a truck operated by Michael Quinn turned left in front of him. Reed crashed into the right, rear side of the truck and fell onto the road. He sustained an injury to his arm and filed an injury claim against Quinn for causing the accident with his negligent driving. As Quinn was operating the truck on behalf of his employer, Paramount Construction Services, they were included in the lawsuit.

According to the defense, the truck had completed 85% of the left turn when Reed came into the intersection and collided into the vehicle. Thus, the defense argued that the plaintiff should have clearly seen the truck and yielded the right of way. However, the jury sided with Reed and split liability for the accident 50/50 between Quinn and his employer, Paramount Construction Services. The verdict resulted in a total award of $110,000 for the plaintiff, which included $40,000 for past medical bills, $6,000 for future medical costs, $45,000 in current and future pain and suffering, and $20,000 for lost wages.

Angel Martinez was riding his bike on the sidewalk in Santa Ana. As he proceeded into a crosswalk, he was hit by a car that was driven by Phuong Phipps. It’s important to note that Martinez had entered the crosswalk while the traffic light was flashing a red hand signal, meaning that the traffic light was green and Phipps had the right of way. Having said that, drivers of motor vehicles have a duty to observe their surroundings and ensure that nobody is in the way before they proceed

The plaintiff suffered neck injuries, along with damage to his shoulder, knee, and wrist. Martinez filed a personal injury claim against Phipps, stating that the accident was a direct result of his negligence. The defense, on the other hand, countered that the plaintiff was also negligent. Not only did he enter the crosswalk too fast, he also did so when the light was flashing with the red hand signal.

Martinez ended up with a total of $244,195 in damages. However, his settlement was reduced, because under the system of comparative liability, he was found to be 50% at fault for the accident. So, he actually received $122,097.50 once his portion of liability was taken into account.

The plaintiff, William Zimmerman, was riding in a long-distance relay race. In these events, support vehicles typically trail the cyclists to offer assistance as needed. In his lawsuit, Zimmerman claimed that a support vehicle driver fell asleep at the wheel and crashed into him. The accident left Zimmerman with multiple injuries to his knee, foot, and shoulder on the right side. He was required to have surgery, along with other treatments to recover from the accident.

The support vehicle driver’s insurance company paid a settlement of $100,000, which was the policy limit. Zimmerman also filed a compensation claim through his insurance policy’s underinsured-motorist supplemental provision. As a result, he was able to obtain another $100,000 for his medical expenses and other monetary losses.

The victim in this case, Jane Guardado, was riding her bike in Los Angeles when she crashed into the door of a vehicle that was left open. The car was parked in the area by a parking attendant for Five Star Parking, Inc. The valet parking company was contacted by an operator of the nearby restaurant, TJ Park.

Guardado sustained multiple sprains to her neck and lower back, which prompted her to file a lawsuit against Five Star Parking and TJ Park. However, the claim against Park was dropped because he was able to conclusively prove that the valet who parked the car was not his employee. The defense also pointed out that Guardado could have avoided colliding into the door based on the circumstances of the accident.

The jury found that Five Star Parking’s employee was negligent, but Guardado should have been careful and more vigilant of her surroundings. The plaintiff received $25,000 in damages for her pain and suffering.

Melissa Ann Rose and David Bray were cycling with a few other people. Everyone was in the designated bike lane, but a hazard in the area caused Rose to lose control and fall into a traffic lane. She was hit by a vehicle, and Bray, who was riding behind Rose, steered to the right in order to avoid injuries to himself. He hit a patch of deep sand and fell, while the other cyclists in front of Rose and Bray managed to proceed without incident.

Because of the accident, Rose suffered injuries to her arm and shoulders, while Bray had wrist and finger injuries. Both the plaintiffs flied their own claims against the County of Fresno. The claim was based on the county knowing about the safety issues with the bike lane, yet failing to fix the problem. This resulted in Rose losing traction on the pavement and falling into the traffic lane, and Bray hurting himself when he steered abruptly to avoid her and oncoming cars.

In their deliberations, the jury found that both Rose and Bray were definitely injured by the condition of the bike lane. However, they also found that Rose was partly responsible for the accident, so the county was not fully liable for the harm she suffered. Rose was found to be 25% liable, while Fresno County was assigned 75% of the blame.

For David Bray, the county found that Rose was 30% liable for his injuries, while the county was 70% responsible. Thus, Rose was awarded $189,008 minus her percentage of fault for the accident, while Bray received $209,882. 

Bridget Dawson was riding her bike in the designated lane when she was hit from behind by Lisa Smith. The crash caused the victim to be ejected from her bike and die as a result of her injuries. Dawson’s family members filed a lawsuit against Smith and Dignity Health, the defendant’s employer. The plaintiffs argued that Smith was negligent in her operation of the vehicle, and held her employer, Dignity Health responsible as well, since they claimed she was distracted by a work call.

The jury determined that although Smith was distracted when the accident occurred, the reason was not because of a work call, as the plaintiffs claimed. Smith did call her job immediately to let them know of the accident, which happened while she was commuting to work. Thus, she was not acting within the scope of employment, and therefore, the principle of vicarious liability against the employer did not apply.

Smith was held solely liable for the death of Dawson and was ordered to pay $350,000 to her loved ones.

These examples illustrate how serious these accidents can be, and in more cases than not, victims end up with some level of compensation. We must also recognize that liability can be split among multiple parties, which adds to the complications that already exist when someone is harmed in a bicycle accident. Responsible parties may include the victim, by the way, but California operates under the system of comparative negligence. So, you can still demand compensation from the other party (or parties), but the amount you receive will be reduced by your percentage of fault.

When you file an accident claim, you are seeking payment for economic and non-economic damages. Though your settlement is usually paid as a lump sum, the total amount is made of up multiple payments that are based on your injuries and their impact on your life. As a bicycle accident victim, you may be eligible to receive:

• Medical expenses for treating your injuries and long-term care, such as hospitalization, surgeries, medications, physical therapy, and mental health counseling.
• Compensation for damage to any property, like the cost to replace or repair your bike and other possessions you had with you at the time of the accident.
• Loss of income due to the accident and your resulting medical needs (lost wages and loss of earning potential)
• Pain and suffering for the emotional trauma, mental health impact, and other non-tangible harm resulting from a bike accident
• Loss of consortium to compensate a spouse or family member for the loss of love, support, companionship, intimacy, etc., provided by the victim due to severe injuries or fatality.
• Punitive damages as part of a jury verdict for gross negligence by the defendant (if the lawsuit proceeds to a trial)
• Wrongful death compensation, such as funeral expenses, pain and suffering, and loss of expected income and benefits

With guidance from a bicycle accident attorney, you can figure out which of these payments to ask for as compensation from a lawsuit. Many variables affect what damages and how much in compensation you are eligible to receive. The severity of your injuries and how they affect your ability to work and have normal interpersonal relationships play a critical role. Income loss is particularly important if you are the main breadwinner, meaning you have people that depend on you financially. Your psychological suffering also impacts the value of a bike accident claim, and there is no denying that many claimants suffer anxiety, depression, phobias, insomnia, and other signs of PTSD.

If you would like a detailed discussion on your settlement value for a bicycle accident case, don’t hesitate to call the legal experts of DTLA.

Taking legal action may not be something that’s immediately on your mind, but it’s important to lay the foundation for a lawsuit just in case. What are the steps you should take if you’ve been harmed in a bicycle accident? Here are the actions recommended by our attorneys:

• Make sure to seek treatment for your injuries and call 911 if you have been seriously hurt. By seeing a doctor, you establish the fact that bodily harm occurred as a result of the accident. Without proof of physical injuries, you cannot pursue a personal injury claim, so please go to the hospital as soon as possible if you had an accident.
• Use your phone to take pictures of the accident scene as long as you are physically able to do so. Include any damage to your bike and other vehicles involved in the accident. This is also a good time to capture images of any surveillance cameras in the area and other information that can serve as evidence in the event you go through with a bike accident injury claim.
• Try to take photos of any visible injuries so that you have an accurate record of what happened to you as a result of the accident. This, along with your medical records, will present a clear picture of how the accident impacted your health.
• If there were people that saw the accident, ask for their contact information. This way, your lawyer can reach out to them and ask for witness statements. In many cases, testimony from a credible witness can make or break a case, or significantly impact how much you can recover from a lawsuit.
• Call the police to file an accident report, even if the other person tries to talk you out of it or they drive away without stopping to check on you (hit and run). This is another piece of documentation that gives your case strength and credibility.
• Get help from a bike accident injury lawyer, as the legal process for an injury claim can be quite complicated. You should never rely on insurance companies to do the right thing, as their ultimate goal is to pay you the lowest amount. Protect yourself and your future by retaining an attorney with experience in lawsuits for bike accident victims.

It’s essential to understand just how long you have for a lawsuit when you are the victim of an accident. California law generally imposes a deadline of 2 years for a personal injury claim, and the starting date for the statute of limitations is the date of the accident. An exception can be made if you do not find out about an injury from the accident until a later date, meaning the 2-year period starts on the date of discovery. Alternatively, if you are pursuing compensation for the loss of a family member, you have 2 years from the date of death to file a wrongful death lawsuit.

This is one of several instances where the statute of limitations can change, and in some cases, you will have less time to file a claim. Cases against government entities, for example, have a time limit of 6 months, either from the accident date or date of death.

You recognize the need to seek legal assistance after a bike accident, but how can you afford to pay for an attorney? This is not a problem here at DTLA, thanks to the Zero Fee Guarantee. All cases are accepted by our attorneys on a contingency basis. We put up all the costs associated with your claim on the agreement that we will receive a percentage of your settlement. That won’t happen unless we resolve the case in your favor, so you pay $0 in legal fees if you are not compensated from a bike accident lawsuit.

For more information on the Zero Fee Guarantee, call us today and speak with a lawyer that specializes in bike accident injuries.

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