Bicycle Accident Personal Injury Attorney in Fresno, CA

Cycling has grown in popularity across Fresno, CA, and its surrounding areas in recent years. With its sunny weather, scenic routes, and growing emphasis on healthy, eco-friendly transportation, many people are choosing bicycles as their preferred mode of travel. From recreational riders to daily commuters, more cyclists are sharing the road, which, unfortunately, increases the likelihood of bicycle accidents. While cycling offers many benefits, it also exposes cyclists to unique risks and dangers, especially when interacting with motor vehicles.

Unlike drivers of cars, trucks, and other motorized vehicles, cyclists do not have the protective barrier of a steel frame, airbags, or seat belts. As a result, even seemingly minor accidents can lead to severe injuries, including head trauma, broken bones, spinal injuries, and in some cases, fatalities. In Fresno, a city with growing traffic and busy intersections, cyclists are particularly vulnerable to being struck by vehicles that may not be paying attention or give proper consideration to their right to share the road.

Bicycle accidents are an unfortunate reality that many cyclists face. Whether due to a motorist’s negligence, poor road conditions, or other factors, these accidents can cause significant physical, emotional, and financial harm. In the aftermath of a bicycle accident, victims often face high medical bills, lost wages, and the trauma of dealing with the legal and insurance complexities that come with recovery. It’s at this critical juncture that having experienced legal representation becomes essential.

The Vulnerability of Cyclists on the Road

Cyclists are uniquely vulnerable on the road due to the lack of protective features that motor vehicles provide. While drivers are surrounded by a metal frame, airbags, and seat belts designed to absorb and protect them during a collision, cyclists are exposed to the full force of an impact, which significantly increases their risk of serious injury.

Cycling accidents can result from a wide range of causes, including:

• Distracted or reckless drivers who fail to notice cyclists or don’t yield the right of way.
• Poor road conditions, such as potholes, debris, or improperly maintained bike lanes, which can cause a cyclist to lose control.
• Motorists failing to obey traffic laws, such as running red lights, failing to signal, or making unsafe turns in areas where cyclists are present.

The injuries sustained in these accidents can range from minor scrapes to life-altering spinal cord injuries or traumatic brain injuries, making it crucial for victims to seek the right legal help immediately. Understanding California’s laws, gathering the right evidence, and negotiating with insurance companies requires the expertise of a qualified attorney who specializes in bicycle accidents.

California Bicycle Laws

Helmet Laws:

In California, it is legally required for cyclists under the age of 18 to wear a helmet while riding. This law is designed to reduce the risk of severe head injuries, as helmets are proven to be effective in protecting the brain from trauma during a fall or crash. While the law mandates helmets for minors, it is strongly recommended for adults as well. The safety benefits of wearing a helmet are undeniable, significantly decreasing the likelihood of head injuries in the event of an accident.

However, not wearing a helmet can have important implications in personal injury cases. In California, the use of a helmet can play a role in determining contributory negligence. If an adult cyclist is not wearing a helmet at the time of the accident, the defense might argue that the cyclist's failure to wear a helmet contributed to the severity of their injuries, potentially reducing the amount of compensation they can recover. While helmet use is not required for adults, it’s important to consider both the safety and legal aspects of helmet use when riding.

Right-of-Way and Lane Rules:

Cyclists in California have specific rights and responsibilities when it comes to road use. Like motor vehicles, cyclists must obey traffic signals, stop at stop signs, and yield to pedestrians at crosswalks. In California, cyclists are allowed to use bike lanes where available, and drivers are required to yield to cyclists in these lanes. However, cyclists also have a responsibility to follow rules of the road to ensure their own safety, including signaling turns and maintaining a safe speed.

Cyclists are also required to ride in the same direction as traffic, and they must stop at red lights and stop signs just as motor vehicles do. Failure to do so can result in traffic violations and affect the outcome of a personal injury case. Properly following the rules of the road ensures that cyclists are not found partially liable in the event of an accident.

Local Traffic Ordinances in Fresno:

In Fresno, there are several local ordinances that apply to cyclists. Fresno has designated bike lanes throughout the city, and cyclists are required to use these lanes where available. In some areas, there may be specific restrictions on cycling, such as restrictions on cycling during certain hours or on particular roads due to safety concerns.

Fresno also has its own helmet laws for minors, in line with state regulations. However, local ordinances may include additional safety regulations, such as rules about where cyclists can park their bicycles or additional rules about using bike lanes. It’s important for cyclists in Fresno to be aware of local traffic ordinances to avoid fines and ensure that their actions on the road are legal.

Differences Between Bicycle and Motor Vehicle Laws:

While bicycles must follow many of the same rules as motor vehicles, there are significant differences in how bicycles are regulated. One of the most notable differences is that bicycles are not required to have insurance. Unlike motor vehicles, cyclists are not mandated by law to carry liability insurance, making it important for cyclists to have personal injury protection insurance or rely on the at-fault motorist's insurance in the event of an accident.

Additionally, bicycles are not permitted on freeways or highways unless explicitly allowed, and cyclists must be mindful of where they ride to ensure they are within legal areas. While motor vehicles are required to undergo registration and inspection, bicycles do not have these requirements, making them a more flexible and accessible mode of transportation, though still subject to the rules of the road.

Negligence and Liability in Bicycle Accidents

Defining Negligence:

Negligence in bicycle accidents occurs when one party fails to act with reasonable care, resulting in harm to another party. In bicycle accidents, common causes of negligence include:

• Distracted driving: A driver texting, talking on the phone, or failing to pay attention to the road and colliding with a cyclist.
• Failure to yield: A driver failing to yield the right of way to a cyclist, especially in situations where the cyclist has the right to pass through an intersection or crosswalk.
• Speeding: A driver speeding, which reduces their ability to react in time to avoid hitting a cyclist.
• Reckless or aggressive driving: Tailgating, road rage, or unsafe lane changes can all result in accidents that harm cyclists.

Proving negligence is critical in a personal injury case, as the plaintiff (the injured party) must demonstrate that the defendant owed a duty of care, breached that duty, and caused harm as a result.

‍Who Can Be Held Liable?

‍Several parties can be held liable in a bicycle accident, including:

• Drivers: If a motorist is at fault for the accident—whether by distracted driving, failure to yield, or reckless driving—they can be held responsible for the cyclist’s injuries.
• Municipalities: Local government entities can be held responsible if poor road conditions or inadequate infrastructure (such as poorly maintained bike lanes or dangerous intersections) contribute to the accident.
• Bike Manufacturers: If a defective bicycle or bike part causes an accident (for example, faulty brakes or tires), the manufacturer or retailer of the bike can be held liable for the injuries sustained.
• Other Cyclists: In some cases, another cyclist’s actions may be at fault, particularly if they cause a collision through unsafe riding.

Comparative Negligence in California:

‍California follows a comparative negligence rule, meaning that if both parties share responsibility for an accident, the damages are divided based on the degree of fault. For instance, if a cyclist is found 30% at fault for not signaling a lane change, and the motorist is found 70% at fault for not yielding, the cyclist can still recover 70% of the damages from the driver. This system allows for fair compensation even when both parties share fault, which is particularly important in bicycle accident cases where liability can be disputed.

‍Insurance and Compensation for Bicycle Accident Victims

Types of Insurance Coverage for Bicycle Accident Victims:

‍There are various types of insurance that may cover a cyclist’s injuries in an accident:

• Auto Insurance: If a motorist is at fault, their liability auto insurance should cover the cyclist’s medical bills, lost wages, and property damage.
• Health Insurance: Cyclists may need to rely on their health insurance to pay for medical treatment if the driver’s insurance doesn’t cover all expenses.
• Homeowner’s or Renter’s Insurance: In some cases, a cyclist’s own homeowner’s or renter’s insurance may cover medical expenses if the accident occurs on or near their property.

Uninsured and Underinsured Motorist Coverage:

• Uninsured Motorist Coverage: This coverage helps cyclists recover damages if the driver responsible for the accident is uninsured or underinsured. This is important, especially in cases where the at-fault driver lacks sufficient insurance to cover all medical expenses and damages.
• Underinsured Motorist Coverage: This provides compensation if the responsible driver’s insurance coverage is insufficient to cover the full cost of the cyclist’s injuries, medical bills, and other expenses.

How to Deal with Insurance Companies:

‍Insurance companies often attempt to minimize payouts or deny claims altogether. Hiring an experienced attorney is crucial to ensure that your claim is handled fairly and that you receive the full compensation you deserve. An attorney can handle all communications with insurance companies, negotiate a fair settlement, and, if necessary, take legal action to recover damages. Attorneys also help clients navigate complex legal processes, ensuring that all deadlines are met and that all aspects of the claim are considered.

Contact Information

Get in Touch

If you've been involved in a bicycle accident in Fresno, CA, it's crucial to have an experienced attorney by your side to ensure you receive the compensation you deserve. The Law Offices of Tim D. Wright specialize in personal injury law and have extensive experience handling bicycle accident cases. Our team is dedicated to guiding you through every step of the legal process.

Phone Numbers for Scheduling a Consultation:

• Burbank Office: (323) 379-9995
• Van Nuys Office: (818) 428-1080

Office Locations:

• Fresno Office:
  1112 W. Burbank Blvd., Suite 302
  Burbank, CA 91506
• Van Nuys Office:
  16555 Sherman Way, Suite B2
  Van Nuys, CA 91406

Website:
www.timwrightlaw.com

When you've been injured in a bicycle accident, having the right legal representation is critical for ensuring that your rights are protected and that you receive the compensation you are entitled to. Navigating the complexities of a bicycle accident case—dealing with insurance companies, medical bills, and proving negligence—requires the expertise of an experienced personal injury attorney.

The Law Offices of Tim D. Wright specialize in bicycle accident claims and have over 30 years of experience successfully representing clients throughout California, including Fresno. Our team understands the challenges you face after an accident, and we are committed to securing the maximum compensation to help you recover.

Don’t face the challenges of a bicycle accident case alone. Contact the Law Offices of Tim D. Wright today for a consultation to discuss your legal options and let us help you get the justice you deserve.

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