Gilroy Bicycle Accident Lawyer

Maison Law supports victims injured in bicycle accidents in Gilroy. If you or a loved one are suffering from injuries you received in a bicycle accident, the Bicycle Accident Lawyers at Maison Law can help.

Bicyclists ride unprotected alongside heavy, fast-moving vehicles. If they get hit, or even brushed, victims can require extensive medical treatment. If you’re a bicyclist in Gilroy who’s suffering from a serious injury, our law firm is here to win you the compensation you need to heal and get back on a bike. Contact Maison Law for a free, no-risk consultation to explore your legal options.

Do I Need a Lawyer for a Bicycle Accident in Gilroy?

With motorists and bicyclists traveling side-by-side so frequently throughout the city, the slightest mistake by a driver can result in real trouble for cyclists. Victims can suffer devastating injuries that change their lives and keep them off their bikes. When injuries are serious a lawyer might provide a big advantage in the frustrating claims process.

It is important to note that if victims only suffer minor scrapes or bruises from a bicycle accident, they may not need a lawyer.

However, it is recommended to consult with a lawyer 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 a fatal bicycle 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.
• Incorrect police report: If a police report places blame on you, and you disagree, an attorney will gather evidence to support your claim.

Get the legal support you need after a bicycle accident by contacting an experienced Gilroy Bicycle Accident Attorney today to receive the maximum compensation for your damages.

Right-of-Way Laws for Bicyclists in Gilroy

Bicyclists in Gilroy do have bike trails and bike lanes (like those along 1st Street) where they can worry less about careless drivers. Gilroy even provides bike safety education classes and resources to keep cyclists safe on the roads.

But at some point may cyclists must join traffic or cross a busy street. This is where they need the most protection. There are plenty of state laws meant to keep riders out of harm’s way.

California Vehicle Code CVC 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, it is important to remain aware of motorists as not all drivers recognize this law or respect the rights of bikers on the road. Other laws outlining the rights of bicyclists on the road include:

• California Vehicle Code CVC 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.

Dealing with Insurers After a Gilroy Bicycle Accident

When it comes to bicycle accidents, insurance companies will not hesitate to shift blame onto the bicyclist for causing the accident. So, for example, let’s say you’re biking through a high-traffic area like Gilroy’s Historic Downtown District. You’re pedaling in your bike lane as traffic is passing you and all of a sudden a parked car on your right swings open their car door in your path.

You try to swerve, but you end up colliding with the door at a high speed and suffer a serious head injury. In this situation, a representative from the vehicle owner’s insurance company will most likely contact you shortly after the accident. While they may seem concerned, their job is to minimize the costs they owe you.

An insurance rep will be looking for you to accept some liability for the accident, even if they know you are not at fault. They will even try to use your words against you, or get you to admit that your injuries are not that serious.

In these situations, it is recommended to NEVER admit fault. In fact, you do not have to speak with any insurance company representative if you do not want to. Our firm can do that for you. So, if you’re concerned about liability or receiving adequate compensation, contact Maison Law for help with managing your bicycle accident claim.

Most Common Causes of Bicycle Accidents in Gilroy

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 outdoor-centric places like Gilroy. 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.

What is the Typical Compensation for Gilroy Bicycle Accidents?

There is no set dollar amount for the trauma and pain experienced by bicycle accident victims. However, a Bicycle Accident Lawyer will help you understand the value of your case by calculating your economic damages (such as lost wages and medical bills) and non-economic damages (emotional harm, depression, and anxiety). These damages combined include:

• 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 are Injuries Calculated in a Gilroy Bicycle Accident Settlement?

There are several factors used to calculate a bicycle accident settlement. Medical expenses, legal expenses, lost wages, and pain and suffering will have a significant impact on the value of your settlement. However, those factors will all be decided by the severity of your injuries. When assessing the severity of injuries sustained from a car accident, they are typically placed into one of the following three tiers:

• Tier 1: This tier is for the most severe injuries. Severe injuries tend to have the largest payout. These injuries include:
  • Traumatic brain injuries
  • Spinal cord injuries
  • Permanent disfigurement
  • Wrongful death
• Tier 2: This tier is for moderate to severe injuries. These injuries typically require surgical intervention and deal with broken bones, fractures, and lacerations.
• Tier 3: This tier is for mild to moderate injuries. This generally includes injuries that do not require surgery such as strains, sprains, and contusions.

How Many Bicycle Accidents Are There in Gilroy?

California’s Transportation Injury Mapping System (TIMS) reports that Gilroy has recorded around 15 people a year hurt in bicycle accidents (2021-2025).

Gilroy saw 14 bicycle collisions involving injury in 2025, and thankfully, no deaths to report according to TIMS. Of course, many Gilroy riders also head out into the county, and into the much busier San Jose for rides.

Santa Clara County overall documented 555 bicycle accidents involving injury, and at least two tragic fatalities.

Gilroy makes up only a small percentage of those collisions, but still sees way too many serious bicycle accidents each year.

Frequently Asked Questions

How long do I have to file a bicycle accident injury claim?

In California, bicycle accident victims can wait up to two years to file an injury claim. But victims shouldn’t wait months or years to file. They should explore their options early before evidence starts to disappear, and witnesses become harder to locate.

Can you still earn compensation for bicycle accident injuries if you weren’t wearing a helmet?

Yes. The fact that you weren’t wearing a helmet doesn’t affect the driver’s fault in the collision. California only requires riders under 18 to wear bicycle helmets.

It may be ruled that your injuries would have been less severe if you’d worn a helmet. But your share of blame in a crash would likely be much less than the driver’s. The driver would still owe you a percentage of support.

Can my family seek support if a loved one was killed in a bicycle accident?

Families can ask at-fault drivers for help through a wrongful death claim. A claim can seek assistance in paying funeral costs and leftover medical fees. Close relatives should receive support for the income the deceased will no longer provide in the future. They must also demand support for the emotional trauma they must cope with. This includes the loss of companionship and love they’ll endure. It can include the loss of special moments with loved ones, such as at future holiday gatherings and for the birth of children.

Contact a Gilroy Bicycle Accident Lawyer

If you’ve been seriously hurt in a bicycle accident, and a dangerous driver was to blame, take advantage of a free case review with a real Gilroy lawyer at Maison Law. Find out what your injury is worth and how to make insurance companies pay what’s fair.

This evaluation comes with no obligation to you or your family. However, if you feel we can help you earn more, you don’t have to empty your bank account to hire a lawyer. Maison Law doesn’t earn anything unless we win your case for you and your family. And if we are successful, our attorney’s fee is paid out of the settlement a car insurer is forced to provide.