Safety, Laws, and Rights – Bakersfield Bicycle Crash Lawyer

Maison Law represents bicycle accident victims in Bakersfield. With over 170 miles of bike trails, lanes, and paths, Bakersfield features some of the most exciting biking experiences. Unfortunately, this outdoor activity comes with risk of injury, especially when others are careless around cyclists. Thousands of Bakersfield residents are involved in bicycle accidents every year, often leaving victims with life-altering injuries and endless medical bills.

At Maison Law, our team of Bicycle Accident Attorneys have the knowledge, experience, and expertise to ensure you receive maximum compensation for all the damage done to your life after a bicycle crash injury.

Contact Maison Law today for a no-cost, no-obligation consultation and protect your right to compensation.

How a Bakersfield Bicycle Crash Lawyer Can Help

We’ve all seen the news. It seems every month there is a serious bicycle accident or a fatal accident in Bakersfield. In January of this year, a 14-year-old boy was left in critical condition after being struck by a vehicle on Truxtun Avenue, according to KGET. As horrific as this news is, what most people don’t see from accidents like this is the aftermath the victim and their family will experience.

Bicycle accident victims typically need extensive medical treatment, lose the ability to work, and suffer long-term health complications as the result of a serious accident. Despite these facts, insurance companies will still attempt to reduce or deny compensation owed to injured bicycle accident victims.

At Maison Law, we stand up for cyclists’ rights in Bakersfield. Our experienced Bicycle Accident Attorneys are skilled at managing the insurance companies, protecting victims from liability, and ensuring they are fully compensated for the following damages:

• Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
• General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
• Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
• Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages

How Does Comparative Fault Work in a Bakersfield Bicycle Crash?

California law covers liability through comparative fault, also known as comparative negligence. California is a pure comparative negligence state. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:

“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”

For example, a vehicle fails to stop in time, and hits the back of your bike, sending you over the handlebars and onto the pavement. The crash leaves you with a serious head injury because you were not wearing a helmet.

In this scenario, you may be found partially at fault for your head injury because you were riding without a helmet on. While bicyclists over the age of 18 are not required to wear a helmet in California, it could be seen as careless to be riding near traffic without a helmet on. 

These liability reasons are why it is important to have an experienced Bicycle Accident Lawyer from Maison Law on your side. Our attorneys are experts at minimizing liability and can potentially eliminate fault entirely, so you’re settlement will not be reduced due to comparative negligence.

California Bicycle Helmet Law

In California, individuals caught not wearing a helmet when they are legally required will likely receive a fine between $25 and $200. Adults are not required to wear helmets while riding regular, non-motorized bicycles. Children under 18, however, are required by California Law to wear bicycle helmets while riding bicycles. Children under 5 years of age must wear helmets if they are riding in a bicycle attachment with an adult. In California, all motor-driven bicycles or motorcycle drivers must wear a helmet, including passengers.

According to California Legislation, the youth helmet law applies to riding a bicycle on the street, bikeway, sidewalk, or public bike path. So, it is technically legal for someone under 18 years of age to ride a bike without a helmet on private property. If a minor does receive a helmet violation, a parent or guardian will be responsible for paying the ticket. However, California has a program to reverse helmet citations.

After receiving a helmet citation, California citizens have the option to attend a bicycle safety class and show proof of a purchased helmet to have the citation removed. California offers those who have received a bicycle helmet citation 120 days to complete these tasks and avoid being fined.

Head Injury Bicycle Accident Statistics

Bicycling for exercise, recreation, and commuting continues to make cycling one of the most popular activities in California. Unfortunately, as popularity grows, so does the number of cyclist fatalities and injuries. According to Governors Highway Safety Association (GHSA), adults are more likely to die in a fatal bicycle accident than children, accounting for 88% of bicycle fatalities. Over one-third of non-fatal accidents result in head injuries with a staggering 80,000 cycling-related head injuries requiring emergency room treatment every year, according to the Consumer Safety Commission (CPSC). The following graph shows how common cyclists suffer head injuries without wearing a helmet. 

California Right-of-Way Laws for Bicyclists

California Vehicle Code 21200 awards cyclists the same rights and responsibilities as drivers. This entitles bicyclists to the right-of-way just like all the other drivers on the road. However, for your own safety, it is important to remain aware of motorists as not all drivers recognize this law or respect the rights of bicyclists on the road. Other laws outlining the rights of bicyclists on the road include:

• California Vehicle Code 21209: this law prohibits other drivers from driving in the bike lane except to park in permitted areas, or when leaving or entering the roadway.
• California Vehicle Code 22517: this statute covers dooring. Dooring is when a driver opens their vehicle door into the path of an oncoming rider. Under this law, no driver shall open the door of their vehicle on the side that is available to moving traffic unless it can be done in a reasonably safe manner and without interfering with moving traffic.
• Bicyclists in traffic: cyclists are required to ride as close to the right side of the road as possible except when they’re trying to avoid a hazard, turn left, or when passing. They are also required to signal their movements when turning or preparing to change lanes.
• Riding on sidewalks and crosswalks: California allows cyclists to ride legally in crosswalks. Some cities permit cyclists to ride on sidewalks, but some cities have banned cyclists from using the sidewalks.

Bakersfield Bicycle Laws

When it comes to bicycle laws in California, each city has different laws. So, the rules for cyclists can change as quickly as the Santa Ana winds from city to city. Cyclists biking in the city of Bakersfield must adhere to the following municipal codes:

• Bakersfield Municipal Code 52.010: it is unlawful for any person upon a bicycle, skates, skateboard, or by means of any coaster, toy, vehicle or similar device to upon any sidewalk in the central traffic district or Old Town Kern, as further defined in 10.08.020, or upon the steps, landings, entranceways or halls of city hall or any other city owned building.
• Bakersfield Municipal Code 52.20: on any street where a bicycle lane has been established, bicycles shall be restricted to that bicycle lane and shall be required to follow any direction or pavement markings pertaining to the bicycle lane. Bicycles shall have the right-of-way over all vehicles when properly within the bicycle lane.

California E-Bike Law

California leads the nation in e-bike adoption, allowing people a more efficient and smaller mode of transportation. However, with the popularity of these bikes booming across the Golden State, there has been a major uptick in e-bikes being used on public roads and bike paths alike. So, e-bike enthusiasts may wonder if e-bike riders are subject to the same laws as non-electric bicycles.

SB No. 1271 was signed into law in 2024 and is now in effect as of January 1st, 2025. This bill covers several new e-bike regulations to address the e-bike situation in California. The law states that an electric bicycle is a bicycle equipped with fully operable pedals and an electrical motor of less than 750 watts. Also, the new law separates e-bikes into the following three classes:

• Class 1: a low speed pedal-assisted electric bicycle equipped with a motor, which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached
• Class 2: a low speed throttle-assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance once a speed of 20 mph is reached
• Class 3: a low speed pedal-assisted electrical bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached

E-bikes are permitted to ride in the bike lane. However, Class 3 e-bikes cannot:

• Be ridden on bike trails
• Be ridden on sidewalks or in parks unless indicated otherwise
• Be operated by anyone under the age of 16 years old
• Be operated without a helmet
• Be operated while transporting passengers

What if I’m Injured at a State Park in Bakersfield?

Bakersfield is home to some of the most beautiful state parks that offer adventurous bike trails. The 30-mile paved path along the Kern River is a prime example, giving bikers easy access to local roadways and California State University Bakersfield. But what happens if your injury is due to a hazard on a state park trail such as debris left by a construction crew, or unrepaired holes in the ground? Who is responsible for a bicycle crash in a state park?

State parks like Kern River County Park or Hart Memorial Park are owned by the government. So, instead of filing a lawsuit against a company or individual, you would be filing a lawsuit against the government.

One of the major differences between filing a lawsuit against the government versus a private citizen is that the government can claim “sovereign immunity.” Sovereign immunity essentially means that a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty.

However, the California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness (drunk driving, knowingly ignoring hazards, etc.), or corruption. Depending on the circumstances, suing the government for a bicycle accident can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process.

Most Common Causes of Bicycle Accidents in Bakersfield

According to the National Safety Council, not only are bicycle accidents involving serious injuries on the rise, but so are the number of fatal bicycle accidents that occur each year. This has to do with the rapid growth of certain cities, especially more economically appealing and family-centric places like Bakersfield, which is home to multiple colleges and a thriving downtown epicenter.   The most common reasons for bicycle accidents include:

• Distracted Driving: even momentary glances can cause devastating accidents. Distracted driving can be proven through camera footage, cell phone records, and collision investigations.
• Speeding: speeding only increases the severity of accidents and is a leading contributor to fatal motorcycle accidents every year in California. A driver’s CPU data can potentially reveal their speed before an accident.
• Moving violation: running red lights, illegal U-turns, or failing to yield can disrupt the flow of traffic, leading to major accidents. These illegal actions can typically be proven by traffic camera footage and eyewitnesses.
• Driving under the influence (DUI): this action is one of the leading causes of fatal accidents in California.

Contact a Bakersfield Bicycle Crash Lawyer

While California has laws cyclists must follow to be safe, property owners, government entities, and other motorists still owe a duty of care for cyclists. On the road, cyclists are offered practically no protection from serious hazards, making them far more likely to be seriously injured in an accident, or in worse cases, killed. That’s why having an experienced Personal Injury Lawyer on your side is vital to your compensation.

The dedicated team of California Bicycle Accident Attorneys at Maison Law understand how essential it is to receive compensation after a bicycle accident injury. Our firm will aggressively pursue liable parties to recover the maximum amount of damages you’re owed. Contact Maison Law today for a no-cost, confidential consultation to see what legal options are available for your situation.