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Home » Modesto Personal Injury Attorney » 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.
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:
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:
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:
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.
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:
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:
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:
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.
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.
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:
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.
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