Maison Law is an advocate for safe bicycle rides for all Stockton bicyclists and we represent riders when the carelessness of local drivers leaves them with serious injuries.
Our bicycle accident lawyers are committed to helping victims secure the support they need to recover fully.
Schedule a free, no-obligation case consultation with a real lawyer.
To find out what you should demand from an at-fault driver’s car insurance, talk to a skilled, local lawyer in a free consultation.
Do I need a Lawyer after a Bicycle Crash?
If your accident results in a serious injury and a reckless driver is to blame, you should talk over your case with a skilled Stockton bicycle accident lawyer. Insurance companies will look for ways to blame you for what happened. They’ll also try to limit the support you receive by downplaying how badly you are hurt.
Your lawyer is your protection against this type of treatment. Your lawyer collects evidence and files your injury claim for you. Your lawyer also protects you during settlement negotiations to make sure you and your family receive everything required to pay hospital and physical therapy bills.
Having a lawyer represent your case can mean you take home much more in compensation. And there are no upfront costs to hire a lawyer. Your Maison Law representative isn’t paid unless you win your case. Then our fee comes out of the insurance settlement you receive.
Protecting The Rights of Stockton Cyclists
California law and Stockton ordinances guarantee certain rights to cyclists and certain protections. Riders have just as much right to the lanes on Stockton streets. Unfortunately, drivers who are either ignorant of the law, or are just plain careless can put cyclists of all ages at risk of a devastating collision.
Stockton bicyclists have some bike lanes to take advantage of and some bike trails to hop on in the morning and afternoon. But our city needs to continue to build out this network of bikeways and pass further ordinances to safeguard vulnerable riders. There are plans in place (detailed below), but bicycle advocates must join together to push for further improvements.
Types of Bike Lanes In Stockton and California
The City of Stockton continues expanding its bike lanes and trail network. But most residents would admit that the path for cyclists in our city could be much safer.
Stockton has some bike lanes along busy roads marked off in white paint. However, the city struggles to provide more protective lanes that offer a physical cushion between motorists and riders.
There are generally four types of bike paths found along California roads, some of them are featured on Stockton routes:
Class I Bikeway – These paths and trails offer the safest travel for cyclists. They include the bike routes that are mostly set far away from traffic. They can be just for bikes or be shared by cyclists, pedestrians, and joggers. But they are usually much more safe than riding along a street in between and beside cars, SUVs, trucks, and motorcycles.
Locally, many cyclists already enjoy Class I bikeways like the Calaveras River Bike Path as pictured here.
Class II Bike Lanes – Class II bike lanes run along streets and are indicated by a white line, or sometimes multiple white lines. Lanes should also have the occasional white bike symbol on the lane and bike path street signs above. Some Stockton bike lanes extending across intersections will be indicated with a path painted green. A bike lane along Pershing Avenue is pictured below.
Class III Bike Routes – When there isn’t enough space for a bike lane along a busy street, cities sometimes create bike routes, known as Class III bikeways. There’s not much difference from a normal road, but the route designation is all about raising the awareness of drivers. Motorists will notice street signs and lane markings indicating bike routes. It’s a reminder that drivers must share the lanes. As a further reminder, some bike routes will have arrows painted on the road surface. These indicate where a rider should try to be when possible. These arrows are known as “sharrows” a term that combines share and arrows.
Class IV Bike Lanes – Class IV bike lanes are also referred to as “separated” bicycle lanes. The lanes are protected from traffic with painted, buffered space and/or physical barriers protecting cyclists. Riders can be separated from traffic by cement barriers, planter boxes, parking spaces, and plastic pylons/bollards.
California Bicycle Laws
California has many vehicle codes written and passed to protect cyclists of all ages. Those codes apply to Fresno roads too. Fresno also adds some guidelines for riders and drivers in our city (see below).
The most important state law is the one that offers the most protection to riders who ride in the street with traffic. It’s the California Vehicle Code that grants riders the same access to the road as any driver.
CVC 21200 Cyclists’ Right to the Road
“(a) (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle…”
CVC 21202 Use of Bike Lanes
Cyclists have a right to the full lane, but only if they can keep up with traffic. When they can’t, people on bikes are required to utilize a bike lane if available. If there is no bike lane, they should remain on the far right-hand side of the right lane.
AB 1909 Motorist Must Pass in Left Lanes
Passed in California in 2022, this new law offers additional protections to bicyclists who must travel alongside vehicles. It requires Fresno motorists to switch to the left lane if possible when trying to pass a cyclist. You can find more information about the law change here.
CVC 21760 Three Feet for Rider Safety
When the left lane isn’t open, drivers must observe California’s “Three Feet for Safety” Law. It requires motorists to allow at least three feet of space when passing. If there isn’t at least 3 feet of space to be had, motorists shouldn’t try to pass.
The cyclist also gets the right of way when the driver is ready to make a right turn. The driver must yield to any cyclist traveling beside them and in the right lane before turning.
CVC 21212 California’s Bicycle Helmet Law. Riders under 18 years old must wear an approved safety helmet. Adult riders don’t have to wear a helmet, but it’s an incredible safety precaution that all cyclists should consider. More on California’s Bicycle Helmet Laws.
Additional Information on Local Bicycle Laws
2024 Bicycle Intersection Crossing Law
California Electric Bicycle Laws
Do California Cyclists Have to Stop at Stop Signs?
Do Motorists Have the Right Of Way Over California Cyclists?
Rear Red Reflector Law for California Cyclists
2024 Bike Crossing Intersection Law
Bicycle Tips for New Cyclists in California
Who Is To Blame When a Child on a Bike is Hit?
Stockton City Ordinances Governing Local Cycling Rules
Stockton also enforces its own bicycle ordinances. There are some important local rules that cyclists must obey and important safety checks for drivers.
Bicyclists are prohibited from riding on sidewalks in certain areas.
Areas Off-Limits to Riders
Stockton Code of Ordinances § 10.12.220 Riding bicycles on sidewalks.
“A. No person shall ride or attempt to ride any bicycle upon or over any walking area situated inside a private shopping center or parking area, or over any sidewalk space in the following areas unless signs permitting such riding are posted:
Areas zoned:
- CO Commercial Office District
- CN Commercial Neighborhood District
- CG Commercial General District
- CD Commercial-Downtown District
- CL Commercial Large-Scale District”
Instructions for Drivers Crossing Bike Lanes
§ 10.12.210 Vehicles crossing bicycle lane.
“No person shall drive a vehicle within, upon or across a bicycle lane except to enter a driveway, courtesy mailbox zone, and except to park such vehicle or leave a parking space. No person shall drive within, upon or across a bicycle lane as permitted by this section except after giving the right-of-way to all bicycles within the lane.”
Stockton Bicycle Safety Plan and Vision Zero Campaigns
The City of Stockton Vision Zero Action Plan (VZAP) is a transportation improvement strategy implemented in many cities across the nation. It’s a program to make travel safer for all motorists, pedestrians, and cyclists on Stockton streets. The ultimate goal is to reduce traffic fatalities and serious injuries to zero.
Stockton received funding from the U.S. Department of Transportation to move forward with a Vision Zero initiative. Right now, Vision Zero is in the planning stages with leaders initiating studies to see where the areas with the most need for improvement are. They are also seeking community input on the implementation in 2025.
City transportation officials are also continuing progress on upgrades suggested in the Stockton Bicycle Master Plan (BMP). The plan includes adding separated Class IV bike lanes in dangerous stretches such as along Pacific Avenue and south of the city along El Dorado Street and Center Street. These another other proposals would help correct socio-economic inequities in less-served parts of the city. It’s also aimed at improving safety for cyclists around schools.
Bicycle Accident Injury Risks in Stockton
Cyclists in Stockton must often confront lanes of speeding and careless drivers to get to their destinations. Bicyclists have just as much right to the lanes as any driver, but those laws protecting riders aren’t a lot of help when drivers remain ignorant of their duties.
Many of those motorists aren’t aware that they owe anyone on a bicycle a legal duty of care. This duty compels drivers to slow down when they see a cyclist in the lane ahead. Drivers should use a speed that allows them to come to a full stop if need be to avoid a collision. This extra care is due to the extreme vulnerability of a cyclist when compared to someone in a car or SUV.
Unfortunately, drivers don’t pay much attention to these rules, especially at night when they need to show extra caution to spot cyclists. The California Transportation Injury Mapping System (TIMS) recorded 85 bicycle collisions involving injury in 2023. Those accidents led to at least 8 tragic deaths.
Visit our Stockton Bicycle Accident Study page for a closer look at local bicycle collision statistics in recent years.
What to Do After a Stockton Bicycle Accident
Careless motorists bear the blame for most Stockton bicycle accidents and yet many insurance companies still make cyclists prove their innocence after an impact.
With this in mind, it’s important to collect evidence in the moments after a collision, right there on the scene, if possible.
If you are well enough, you should set out to gather certain details after your accident:
- See to injuries first. Call 911. Let paramedics check out every pain. Go to the emergency room if necessary. Tell police officers everything you can remember about how your accident unfolded. Alert them if the driver was behaving recklessly before the crash.
- Pull out your cellphone and take pictures. Show the damage to your bike and any vehicle damage. Take pictures of any visible injuries, including road rash, and damage to your clothing. Show traffic signs and lane markings. Note the time and weather conditions.
- Talk with witnesses. Discuss what they observed and find out how to contact them.
- Exchange information with the driver, but don’t admit fault or talk about your injuries. You can state that you’re “okay” but may be dealing with serious injuries.
- Note the presence of any security cameras on houses or businesses around the scene. Tell your Stockton Bike Accident Lawyer about any potential footage so he or she can request access.
- Don’t dispose of your bicycle or your damaged clothing and shoes. It will all serve as powerful evidence of your collision.
- Schedule an appointment with your doctor. Document all injuries. Pay special attention to pain that arises after the shock of your incident wears off. Do everything your doctor recommends. Save all medical invoices.
Common Bicycle Accident Injuries
Bicycle collision victims will want to return to their bikes and return to their normal lives as soon as possible. Sadly, recovery can take weeks and sometimes months when considering the severity of injuries often stemming from impacts.
Riders can absorb a strike from a car or SUV and then suffer a hard impact with the ground or pavement. Likewise, more than one vehicle can strike a rider when there is traffic.
These are just a few examples of the most common bicycle accident injuries in Stockton emergency rooms:
- Traumatic Brain Injury – Cyclists often take a blow to the head once they fall from their bikes. A traumatic brain injury (TBI) can include mild to severe concussions. A TBI might also lead to confusion and memory loss as well as a loss of muscle function.
- Broken Bones – Clavicles, arms, hands, legs, ankles, and hips can all sustain fractures in a collision. These fractures can resist healing and keep cyclists off their bikes for months at a time.
- Amputation – The loss of a limb is a higher probability for bicycle accident victims. Just consider the force of impact. A limb getting run over by a vehicle tire could also lead to an amputation. The limb may require removal once at the hospital if doctors determine it can’t be saved.
- Paralysis – An accident may result in the loss of the ability to move, a portion, or all of the body in the short or long term.
- Facial and Dental Injury – Cyclists’ faces often take the brunt of the blow after being sent over the handlebars. Facial bones get broken and teeth can be cracked or lost.
- Joint Dislocation – These often occur when bicyclists try to break their fall with their arms when sent off their bikes. This dislocation can lead to long-term muscle weakness.
- Road Rash – Pavement doesn’t offer any soft landings. Skin can be badly damaged as it comes in contact with the ground. Infections are common and skin grafts can be prescribed in the worst cases.
Compensation Available After a Bicycle Accident
It’s a Stockton Bicycle Accident Lawyer’s duty to make sure cyclists and their families have everything they need to make a full recovery. This includes support for the best care available and money to sustain the household as finances get strained waiting on an insurance company to do the right thing.
In a claim for damages, your attorney will be listing every hardship you and your family have faced since the accident. A skilled attorney will list some factors you may not have thought of in order to make sure you get the support you need now and down the road.
These are just a few of the things you might receive compensation for.
- All present medical bills and those expected in the future.
- Past and future lost earnings at a job.
- Costs of continued care for permanent disfigurement or permanent disability.
- Pain and suffering. Including the emotional toll a bicycle accident can take on a victim.
- Costs of counseling and psychological services. Help with coping while not being able to ride.
- Repairs to Bicycle or Replacement.
Wrongful Death Benefits for Families After a Tragic Bicycle Accident in Stockton
With every bicycle collision having the potential to end with a severe injury, the risk of the loss of life is always high. Cyclists die every day by the careless or reckless moves by motorists.
The families left behind after such a terrible accident face the financial consequences that follow. They’ll often see the bills for a funeral service and ambulance fees arrive just days after a fatal accident.
Through a wrongful death claim, close family members may seek financial support for these and other hardships. A wrongful death claim also seeks to set the family on strong financial footing in the future, when they’ll be without the guidance and financial support the deceased can no longer provide.
A spouse or domestic partner of a victim, or the children of a victim, can file a wrongful death claim. A Stockton Wrongful Death Lawyer can also file this claim on behalf of the entire family.
Frequently Asked Questions
What if I am found partially at fault in my accident?
You can still earn injury support, even if you are assigned some blame for your bicycle accident. You and the driver can share a percentage of the blame. The driver’s insurance would still owe you support, but your final award would be reduced by your percentage of liability.
What if I wasn’t wearing a helmet when I was struck in a Stockton bicycle accident?
You can still earn injury support, even if you are assigned some blame for your bicycle accident. You and the driver can share a percentage of the blame. The driver’s insurance would still owe you support, but your final award would be reduced by your percentage of liability.
How long do I have to file a Stockton bicycle accident claim?
Two years. You have two years from the date of your accident to file an accident claim. It’s important not to wait to contact a personal injury lawyer. Your lawyer will have an easier time collecting fresh evidence the sooner you take action.
Contact a Stockton Bicycle Accident Lawyer
Mounting a difficult recovery after a bicycle accident can leave victims feeling completely alone and vulnerable. Martin Gasparian, the founder of Maison Law, wants to make sure victims simply trying to earn what’s fair from a car insurance company never face these battles alone.
Mr. Gasparian works to remove the stress and worry insurance claims can bring while giving victims the peace and quiet they need to focus on healing. Furthermore, he wants to see cyclists get back on their bikes after a full physical and financial recovery.
Contact Maison Law for a free Bicycle Accident Case Consultation. Find out what your injury is worth and talk over your best path to receiving the support you need to rebuild your life.
