Manteca Bicycle Accident Lawyer

Maison Law represents injured bicycle accident victims in Manteca. If you or a loved one has been injured in a bicycle accident due to a careless driver or hazardous conditions, the Bicycle Accident Lawyers at Maison Law can help.

Our firm stands up for injured bicyclists in Manteca. We protect cyclists from potential liability, as well as recover compensation for medical bills, lost wages, and emotional damages. Contact Maison Law today for a no-cost, no-obligation consultation.

How Maison Law Can Help

Bicycling through Manteca is an easy way to get around. From riding down to Habibi’s Market for a slice of Pistachio Cheesecake to Fegundes on Main Street, bicyclists must ride alongside traffic, as well as pedestrians, to get from place to place. Unfortunately, bicyclists are some of the least protected travelers on the road, and accidents can result in life-altering injuries.

The Attorneys at Maison Law protect injured cyclists by making sure they are fully compensated for the physical and financial hardship they’ve been forced to endure. Our firm will manage your injury claim and aggressively pursue all liable parties for the following damages:

• Economic damages: financial damages you incurred due to the accident.
  • Medical bills
  • Lost Wages
  • Loss of future potential earnings
  • Loss of property
  • Cost of property repair or replacement
• Non-economic damages: these are subjective, non-compensatory damages.
  • Pain and suffering
  • Emotional distress
  • Depression
  • Anxiety
  • Loss of consortium
• Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
  • Reckless behavior (DUI, street racing)
  • Actions performed out of spite

When Should I Contact a Lawyer for a Manteca Bicycle Accident

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

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

Most Common Causes of Bicycle Accidents in Manteca

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 Manteca. 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.

Bicycle Law for Cyclists in Manteca

California state law permits local governments to form their own bicycle laws. The city of Manteca provides rules for bicyclists through their Code of Ordinances, which include:

• Ordinance 10.68.020: serial or model number removal from a bicycle is prohibited. It is unlawful for any person to willfully or maliciously remove, destroy, mutilate, or alter the manufacturer’s nameplate on any bicycle.
• Ordinance 10.68.030: no person shall ride a bicycle upon a sidewalk within a business district. The police chief is authorized to prohibit bicycle riding on any sign by erecting a sign. No person twelve years of age or older can ride a bicycle on the sidewalk in any district.
• Ordinance 10.68.040: no person shall park any bicycle against any windows or parking signs or in the main traveled portion of the sidewalk, or in any way that creates a hazard to pedestrians, traffic, or property.
• Ordinance 10.68.050: it is unlawful to ride or operate a bicycle with willful or wanton disregard for the safety of others. Reckless and unlawful operation includes swerving, riding into oncoming traffic, or performing stunts or tricks in the roadway.

California Bicycle Law

The following California bike laws must also be adhered to by Manteca bicyclists:

• VEH 21202, cyclists must ride as close to the right side of the road as practicable except when passing, preparing for a left turn, if the lane is too narrow to share, or if approaching a place where a right turn is authorized.
• VEH 21960, bicycles, as well as motorized bicycles, may not be ridden on freeways and expressways as prohibited by the California Department of Transportation and local authorities.
• VEH 23330, bicyclists may not cross a toll bridge unless it is permitted by the California Department of Transportation.
• VEH 21201 (d) requires all bicycles to have a light when riding on a highway when it is dark.
• Electric bicycles are allowed wherever regular bikes are allowed, except for Class 3 electric bicycles, which have restrictions, according to SB No. 1271.
• Bicyclists under the age of 18 are required by Vehicle Code 21212 to wear helmets at all times

How Does Comparative Fault Work in a Manteca Bicycle Accident?

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, let’s say a speeding vehicle fails to stop in time because you rode out onto the street in front of them, not realizing how fast they were going. The vehicle hits you, and you suffer a serious head injury.

In this scenario, you may be found partially at fault for not yielding to traffic, while the driver may incur some fault as well because they were speeding. Determining fault in a situation like this is where comparative fault comes into play. A jury may assign you 20% of fault and the driver 80% at fault. So, if the jury awards your $500k for your accident, then it will be reduced by 20%, netting you $400k.

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.

What Other Factors Could Decrease My Settlement?

Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While a highly experienced accident attorney will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These factors include:

1. Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
2. Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
3. Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe.
4. Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects.

How are Injuries Calculated in a Manteca 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.

Contact a Manteca Bicycle Accident Lawyer

If you or a loved one have suffered injuries in a bicycle dooring accident, the Bicycle Accident Attorneys at Maison Law can help. Our firm has years of experience in bicycle accident law and will aggressively pursue fair compensation on your behalf.

If you incurred damages as a result of another person’s careless act, then we will hold them responsible to the full extent of the law. Contact Maison Law today for a no-risk, no-cost case evaluation.