At Maison Law, we represent bicyclists who have been injured in accidents across California. While biking comes with certain risks, knowing your rights is vital when it comes to keeping yourself safe with others on the road. If you’ve been involved in a bike accident or just want to know more about your rights, contact us today for a free consultation.
Do You Need a Lawyer After a Bicycle Accident in California?
Deciding to hire a lawyer after a bicycle accident depends on how serious the accident is. For minor accidents, you might manage without one. But if the accident is severe and you’re feeling overwhelmed, our team can help. While California doesn’t require a lawyer, having one can be very beneficial.
We bring experience in negotiating with insurance adjusters to secure a fair settlement. We also evaluate your damages thoroughly and gather strong evidence to maximize your compensation. Our team will protect your rights, handle any unfair tactics from insurance companies, and manage all the paperwork and negotiations, allowing you to focus on your recovery.
What Rights Do You Have as a Bicyclist in California?
When you think about how popular riding a bike is in California, it’s not all that surprising that accidents happen. Yet, as a bicyclist, you have certain rights under California law:
- Where you can ride – When riding your bike as fast as surrounding traffic, you have the same right to the road as any vehicle, meaning you can ride wherever you want. Otherwise, you’re allowed to ride as far to the right as possible.
- Using a bike lane – When you’re on a road with a bike lane, you’re allowed to use it if you’re:
- Moving slower than traffic
- Attempting to make a turn
- Avoiding hazards
You’re allowed to use a bike lane, but when there’s posts or parked cars that separate it from the road, it’s no longer considered a bike lane, so you don’t have to use the lane if you don’t want to.
- Space provided by passing vehicles – Passing vehicles must give you at least three feet of space when you’re on a bike, no matter where you are on the road.
- Riding side by side – You can ride next to another bicyclist if it’s safe, but otherwise, keep to a single file line. This makes it easier for everyone.
What Legal Rights Do You Have After a California Bicycle Accident?
Obviously, bicycle laws are in place in California to give you rights and protect you. However, your legal rights don’t just apply when you’re riding your bike, but also when you’re injured in an accident.
Generally, you have the right to file an injury claim to recover “damages” from the person or party that’s responsible for the accident. You do this by either filing a lawsuit in court or making an insurance claim. Once your claim is filed, you can potentially recover:
- Medical expenses – These cover all costs for treatment, like hospital bills, doctor visits, medication, rehab, and medical equipment.
- Lost income – This is for wages lost due to your injuries, including both the immediate loss during recovery and any future earnings if you can’t return to work.
- Property damage – These damages are for repairing or replacing damaged items such as your bike, gear, phone, or other belongings.
- Pain and suffering – These damages provide financial support for the physical pain and mental distress caused by the accident, affecting your overall quality of life.
- Emotional distress – Similarly, these damages are for any emotional issues like anxiety, depression, or PTSD caused by the accident.
- Loss of enjoyment of life – These damages cover the decline in your ability to enjoy activities and hobbies you did before the accident, including impacts on personal relationships.
- Wrongful death expenses – If the bicycle accident proves fatal, your surviving family members can file a wrongful death claim that provides damages for funeral or burial expenses, as well as loss of companionship.
Your health and safety are the most important after a bike accident, but it’s also crucial to act quickly to protect your legal rights. You have two years from the date of the accident to file your claim. If you don’t, you lose your right to file a claim at all.
What Can You Do to Protect Your Rights as a Bicyclist in California?
Given that you have rights as a bicyclist in California, it might seem like you don’t need to do much to protect your rights–especially your legal right to file an injury claim. However, as an injury victim in a bicycle accident, you have to show the extent of your damages. This means taking steps to protect a claim–and ultimately your rights:
- Get medical care – See EMTs at the scene and go to a hospital or doctor right away. Don’t skip this even if you feel fine, as some injuries may not show up immediately.
- Report the accident – Contact the local police or your county sheriff’s department to report the accident and have it officially documented.
- Exchange information – Swap contact and insurance details with everyone involved in the accident.
- Document the accident site – Take photos or videos of the accident scene and any important details, like vehicle damage and injuries.
- Preserve your evidence and information – Keep any damaged items from the accident, such as parts of your bike, as evidence.
- Follow up with a doctor – Schedule a follow-up appointment to check on your injuries and ensure proper care.
- Don’t rush repairs – Wait to repair your bike or other damaged items until you’ve fully documented their condition.
You need to gather evidence for your damages. Our team can help collect medical records, accident reports, and other important documents for your claim, and guide you through the process of figuring out who should pay for your damages. With that, you can have the best chance at recovering from any injuries and protecting your rights as a bicyclist.
Protect Your Rights as a California Bicyclist With Maison Law
At Maison Law, we believe biking in California should be a joyful experience. However, accidents can quickly turn things around, even with your rights and protections in place. If you find yourself in this situation, let our firm make sure your rights are protected. We’ll guide you through the legal process and provide the support you need for recovery. Contact us today for a free consultation and start the process.
