Dinuba Bicycle Accident Lawyer

Maison Law represents bicycle accident victims in Dinuba. The city of Dinuba contains over 15 biking trails covering more than 49 miles of exciting biking terrain. Unfortunately, this outdoor activity comes with the risk of injury, especially when others are careless around cyclists. At Maison Law, our team of Bicycle Accident Attorneys has 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 Maison Law Can Help Injured Bicycle Victims

Bicycle accident victims typically need extensive medical treatment, lose the ability to work, and suffer long-term health complications as a result of a serious accident. Despite these facts, insurance companies will still attempt to reduce or deny compensation owed to injured bicycle accident victims. Fortunately, a lawyer can protect you from being taken advantage of and protect your rights.

At Maison Law, we stand up for cyclists’ rights in Bakersfield. Our experienced Bicycle Accident Attorneys are skilled at managing 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

When Do I Need a Lawyer for a Modesto Bicycle Crash?

If you only suffered minor scrapes or bruises from a bicycle accident you may not need a lawyer. However, you should contact an attorney after a bicycle accident if:

• There were serious injuries: You will need compensation to cover your current and future medical bills if you’ve suffered serious injuries. An attorney can ensure both.
• Wrongful death: If a loved one has passed away due to the accident you will need compensation for funeral expenses and damages related to the untimely loss.
• Fault: If you are blamed for the accident, but are not at fault, an attorney can protect and assign liability to the at-fault parties. Also, an attorney can reduce liability if you are liable to some extent.
• Multiple parties involved: Multiple parties make cases complex. An attorney can manage your case while protecting your best interests and right to compensation from all liable parties.
• False police report: If a police report places blame on you, and you disagree, an attorney will gather evidence to support your claim.

Comparative Negligence in a Dinuba Bicycle Accident

Comparative negligence is when more than one party is partially at fault for causing an injury and is covered under California Civil Code 1714. This law essentially states:

• You can recover damages in cases even if you are partially at fault
• If you and the defendant are found negligent, the jury assigns a percentage of fault to each party
• The total compensation awarded to you is reduced by your percentage of fault
• If you are 99% at fault, you can still receive 1% of the total case value

In the case of a bicycle crash, ultimately, fault will be determined by the details of the case and the judgment of a judge and jury if the matter goes to trial.

Let’s say, for example, a bicyclist is trying to pass someone in the bike lane on Alta Avenue. They gather speed and pass a fellow bicyclist on the left side, causing their bike to exit the bike lane for a couple of seconds. At the same time, a speeding vehicle collides with the bicyclist and causes them to suffer severe injuries. Who is at fault?

In a hypothetical situation like this, comparative negligence could come into play. A jury may find the driver 80% at fault for speeding near a bike lane while finding the bicyclist 20% at fault for exiting the bike lane without checking the road for passing cars. So, if the jury awards the bicyclist $1,00,000 then their reward will be reduced by 20% of the fault, netting them $800k.

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.

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

Dinuba is home to some amazing state parks such as Centennial Park (The Water Tower). With its many trails and downward slopes, it is a popular cycling spot amongst bicyclists in Dinuba. But what happens if your injury is due to a hazard on a trail such as debris left by a construction crew, or unrepaired holes in the ground? Who can be held responsible?

A state park like Centennial Park is 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 an 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 Dinuba

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 bicycle 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 Dinuba Bicycle Accident Lawyer

While California has laws cyclists must follow to be safe, property owners, government entities, and other motorists still owe a duty of care to 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 understands 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. Don’t wait until it’s too late to take legal action and stand up for your rights. Contact Maison Law today for a no-cost, confidential consultation to see what legal options are available for your situation.