Safety, Laws, and Rights – Modesto Bicycle Crash Lawyer

Maison Law represents injured bicycle accident victims in Modesto. Bicycle accidents are more common than you might think, especially in areas like Modesto with its Central Valley beauty and thriving downtown. But despite the presence of dedicated bike lanes and safety laws, crashes between cyclists and motor vehicles still occur, resulting in severe, life-altering injuries.

At Maison Law, we stand up for injured bicyclists and protect their right to compensation. If you’re suffering injuries, financial losses, and mental trauma from a bicycle accident, our firm can help. Contact Maison Law today for a no-cost, no-obligation consultation.

How a Modesto Bicycle Crash Lawyer Can Help

Bicyclists in Modesto have the same legal rights and responsibilities as someone driving a car or truck on the road. So, if you were injured by another motorist, pedestrian, or hazard, then you are entitled to recover damages in the same way a car accident victim would.

Unfortunately, recovering essential compensation can become challenging when insurance companies offer victims the lowest amount possible for their injuries. It can also be exceptionally difficult for bicyclists who are often blamed for causing accidents on the road. That’s where Maison Law can help. Our firm will manage your accident claim and ensure the insurance company compensates you 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 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.

California and Modesto Bicycle Laws

California state law permits local governments to form their own bicycle laws. The city of Modesto provides their definition of what constitutes a bicycle in Modesto Ordinance 3.12, which states:

“”Bicycle” for the purpose of this chapter means any device upon which a person may ride, which is propelled by human power through a system of belts, chains, or gears and which has wheels at least twenty (20) inches in diameter and a frame size of at least fourteen (14) inches.”

Modesto Municipal Code 3-3.12 specifies where bicycles are permitted, stating bicycles licensed in Modesto may be operated on all streets, alleys, and public ways of the city. However, no bicycle shall be operated on the sidewalk area in any business district as defined in the California Vehicle Code.

The following California bike laws must also be adhered to by Modesto bicyclists, which include:

• 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

Bicycle Helmet Basics in Modesto

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 are required 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 bicycle or motorcycle drivers and their passengers must wear a helmet.

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.

What Factors Could Decrease My Settlement?

Understanding the factors that can potentially harm your bicycle accident case is essential to knowing the value of your lawsuit. While a highly experienced Bicycle 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. Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence La, which states:
   1. “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.”
      
      
2. Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
   
   
3. 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.
   
   
4. Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe.
   
   
5. Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects.

How to Strengthen Your Modesto Bicycle Crash Injury Claim

If you suffer a bicycle crash injury, seek medical attention immediately. Nothing is more important than your health. Call out to another cyclist or pedestrian to help you get immediate medical attention. After you get medical care, it is recommended to:

• Report the injury to police: It is recommended to always call the police after an accident. A police report will serve as evidence, as well as assign liability to one party or the other.
  
  
• Take your own photos of the scene and get witness statements. Any evidence you can gather to support your claim will come in handy later, especially if you decide to take legal action to pursue compensation.
  
  
• Follow up on your injuries with a doctor. Any injuries you’ve sustained from your accident will become a part of your case, and you will need a doctor to corroborate your injuries. Insurance companies will not consider compensating your injuries without verifiable medical documentation.
  
  
• Contact Maison Law to protect your rights to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact a serious bicycle injury can have on their lives. Our experienced attorneys can help you understand your options and get you the compensation you need to make a full recovery.

Common Causes of Bicycle Crash Injuries

Like with any physical activity, bicycling comes with the risk of injuries. According to the CDC, the cost of bicycle injury and death exceeds $23 billion in the United States every year. These costs are accumulated through medical expenses, lost quality of life, missed time at work, and the loss of life.

Some injuries are preventable with training, technique, and proper safety practices. But when another person is careless around cyclists, injuries are inevitable and extremely costly. That’s why it is important to consult with an experienced Bicycle Accident Lawyer after a bicycle crash to ensure you receive full compensation for your damages.

Here are some of the most common causes of cycling injuries:

• Improper bike fit: an improper bike fit, which is common in first-time bicyclists, can lead to various cycling-related injuries, including knee pain, back pain, and saddle sores.
  
  
• Collisions: bicycle crashes involving cars, pedestrians, and other cyclists result in injuries, ranging from minor cuts to severe trauma. These injuries can be maximized by failing to wear the proper safety equipment.
  
  
• Speed and reckless riding: riding at excessive speeds or engaging in reckless behavior, such as ignoring typical traffic laws, can lead to accidents and crashes with others on the road.
  
  
• Weather conditions: adverse weather conditions, such as rain, snow, and ice can make bicycling more dangerous due to the reduced traction and road visibility.
  
  
• Unsafe road conditions: poorly maintained roads, potholes, debris, and gravel can lead to crashes and injury. A simple defect in the road or bike lane can throw cyclists from their bikes, resulting in serious injury.

Types of Bikeways in Modesto

Whether you’re looking for an easy bike path or a quick bike route to get to work, Modesto offers numerous bikeways throughout the city. The four types of bikeways in Modesto are defined as follows:

• Class 1: standard bike path that provides bicycle travel on a paved right-of-way completely separated from any street or highway. Examples include the Virginia Corridor Trail, Dry Creek Regional Park Trails, and Hetchy Trail.
  
  
• Class 2: referred to as a “bike lane,” a Class II bikeway provides a striped and line-drawn for one-way travel on the street or highway. Examples include Buffered bike lanes and combined bike/right turn lanes.
  
  
• Class 3: this is generally referred to as a “bike route,” this bikeway is for shared use with pedestrians or motor vehicle traffic, which is identified by signage. These are typically found on roadway routes that are signed but not necessarily separated from traffic.
  
  
• Class 4: cycle tracks or separated bikeways provide a right-of-way for exclusive bicycle travel, typically adjacent to a roadway and protected from vehicular traffic. These are on-street facilities reserved for bicyclists with physical separation from vehicle traffic, such as curbs, bollards, or landscaping.

How Much Time Do I Have to File a Modesto Bicycle Crash

According to the Statute of Limitations in California, you have two years from the day your bicycle crash occurred. However, there are some exceptions. For example, if a government vehicle ran a red light to make a left turn and caused your accident. You would have six months, instead of two years, to file a personal injury claim.

Another exception would be the “discovery rule.” This rule delays the statute of limitations if you could not have reasonably known about your injuries right away. For example, let’s say a truck makes a right turn at an intersection without seeing you in the bike lane next to them and they hit you before they can stop.

You fall and hit your head at a low speed with your helmet on. You seem fine, so you brush yourself off and continue on your way. Years later, however, you begin to have neurological issues that your doctor says must be from a time when you suffered some sort of blunt trauma to your head. In this situation, the “discovery rule” applies as the two-year clock does not start running until the day your injury was discovered.

What is the Typical Compensation for a Modesto Bicycle Accident?

There is no set dollar amount for the trauma and pain experienced by bicycle accident victims. However, an experienced 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

Contact a Modesto Bicycle Crash Lawyer

If you or a loved one has been in a bicycle crash in Modesto, the Bicycle Accident Attorneys at Maison Law can help. We understand how traumatic a bike accident can be, especially when you have to fight with the insurance company to get what you’re owed. But you’re not alone in this fight.

Maison Law is here to help restore your life and protect your right to the maximum amount of compensation you’re entitled to. Our firm has years of experience taking on the insurance company to protect the rights of injured bicyclists. If you’re concerned about the financial, physical, and mental impact a bicycle accident has had on your life, contact Maison Law today. We offer all injured victims a free consultation and case evaluation. There are no hidden fees for our services and you will only be charged once we win your case.