Maison Law represents injured bicycle accident victims in Salinas. Bicycle accidents are more common than you might think, especially in areas like Salinas with its Central Valley bike paths and cyclist-friendly downtown area. 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 Salinas Bicycle Accident Lawyer Can Help
Located in the heart of the Salinas Valley, the City of Salinas is well known for its enjoyable climate, old-fashioned charm, and modern-day conveniences. One of those conveniences is road cycling the scenic Monterey Loop, which offers riders an easy route through the Salinas and Carmel Valleys.
However, these popular routes also present a heightened risk of accidents for cyclists in Salinas. Bike riders are most vulnerable near roads, and the slightest careless act from another driver, construction crew, or pedestrian can turn an adventurous bike ride into a catastrophic, life-changing accident.
That’s where Maison Law can help. If you’ve suffered injuries while riding your bike in Salinas, we can help you recover compensation to get your life back on track. At Maison Law, we protect cyclists’ rights in Salinas and will take legal action to secure compensation on their behalf. The damages we pursue for Salinas bicycle accident victims include:
- 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
Do I Need a Lawyer for a Salinas Bicycle Accident?
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. The attorneys at Maison Law 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. Our attorneys will take the necessary steps to ensure a quick and efficient legal process, so you can focus on the loss of your loved one.
- 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. At Maison Law, our attorneys will reduce liability if you are liable to some extent.
- Multiple parties involved: Multiple parties make cases complex. Our attorneys 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 Bicycle Law and Cyclist's Rights
Salinas can be a bicyclist’s paradise with scenic bike paths and adrenaline-pumping trails. So, when participating in one of the most popular outdoor activities on the Central Coast, it is crucial to ensure safety and legal compliance by understanding California’s bicycle laws and the rights of cyclists. California Vehicle Code 21200 awards cyclists the same rights and responsibilities as drivers. This entitles bicyclists to the right-of-way just like all the other drivers on the road. However, there are provisions cyclists must follow:
- California Vehicle Code 21209: this law prohibits other drivers from driving in the bike lane except to park in permitted areas, or when leaving or entering the roadway.
- California Vehicle Code 22517: this statute covers dooring. Dooring is when a driver opens their vehicle door into the path of an oncoming rider. Under this law, no driver shall open the door of their vehicle on the side that is available to moving traffic unless it can be done in a reasonably safe manner and without interfering with moving traffic.
- Bicyclists in traffic: cyclists are required to ride as close to the right side of the road as possible except when they’re trying to avoid a hazard, turn left, or when passing. They are also required to signal their movements when turning or preparing to change lanes.
- Riding on sidewalks and crosswalks: California allows cyclists to ride legally in crosswalks. Some cities permit cyclists to ride on sidewalks, but some cities have banned cyclists from using the sidewalks.
Bicycle Helmet Law in Salinas
In Salinas, 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, however, are required by California Law 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 bicycles or motorcycle drivers must wear a helmet, including passengers.
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.
Bicycle Head Injury Accident Statistics
Bicycling for exercise, recreation, and commuting continues to make cycling one of the most popular activities in California. Unfortunately, as popularity grows, so does the number of cyclist fatalities and injuries. According to Governors Highway Safety Association (GHSA), adults are more likely to die in a fatal bicycle accident than children, accounting for 88% of bicycle fatalities. Over one-third of non-fatal accidents result in head injuries with a staggering 80,000 cycling-related head injuries requiring emergency room treatment every year, according to the Consumer Safety Commission (CPSC). The following graph shows how common cyclists suffer head injuries without wearing a helmet.
Types of Bike Lanes in Salinas
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. An example would be the Imjin Parkway bike lane.
- 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 East Boronda Road and North Main Street.
- 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. An example of these can be found on Rider Avenue and Towt Street.
- 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.
Average Settlement for Salinas Bicycle Accident Injuries
The severity of your bicycle injuries will account for a majority of your overall compensation if you reach a successful settlement. While there are other determining factors, the following personal injury classifications can give you a rough estimate of what your case is worth.
- Minor injuries: Approximately $1,500 – $15,000 – minor injuries are considered sprains, strains, and minor cuts and bruises.
- Moderate injuries: Approximately: $15,000 – $100,000 – moderate injuries are considered fractures, herniated discs, and torn ligaments.
- Severe injuries: Approximately $100,000 – $1,000,000+ – paralysis and death can quickly exceed settlement amounts of around $1,000,000 or more.
Can I Get a DUI on a Bicycle in Salinas?
Some people may think riding a bicycle is safe to do even after having a few drinks. However, in the state of California, bicycling under the influence is a crime according to California Vehicle Code 21200.5. In order for a bicyclist to be convicted of a DUI while cycling, they would have to be displaying signs of intoxication while riding on a public highway.
It is important to note that a DUI charge on a bicycle is not the same as one charged to a motorist driving under the influence. Cycling under the influence is a misdemeanor in the state of California, punishable by a fine up to $250. Other key differences include:
- No legal limit – determining intoxication in a bicycle case is proven through indirect evidence such as the odor of alcohol, flushed face, or erratic cycling.
- No jail time – normal DUIs in California are punishable up to six months in jail. However, cycling under the influence does not come with the consequences of jail time.
- No driver’s license suspension – cyclists will not have their license suspended if they receive a DUI while cycling unless they are under the age of twenty-one. If you are under twenty-one years of age and you get caught cycling under the influence, your driver’s license will be suspended for up to one year. If you haven’t received your driver’s license, then the process to get your driver’s license will be delayed for one year.
Common Types of Bicycle Accidents in Salinas
By maintaining an awareness of the different types of bicycle accidents that can occur, bicyclists can ride with increased safety. Speeding, distracted driving, dooring accidents and driving under the influence can all fall under the heading of failing to yield the right-of-way. Here are some common examples of the types of bicycle accidents that can occur when drivers of motor vehicles fail to yield the right-of-way to bicyclists:
- Stop Sign Accidents: Most drivers fail to completely stop and look both ways before entering an intersection. Accidents at stop sign-controlled intersections often occur after a driver approaches an intersection and slows down but fails to stop.
- Accidents at Intersections Without Traffic Controls: If there aren’t any stop signs or traffic lights at an intersection, the person who enters the intersection first has the right-of-way. Bicyclists are highly vulnerable in an accident. If there’s any doubt on who has the right-of-way, bicyclists should yield for their own personal safety.
- Accidents at Intersections Having Traffic Lights: The law at these types of intersections is fundamental. If you have the green light, you have the right-of-way. Make sure that the intersection is clear though.
- Left Turns: Riders must be aware of the fact that a driver who appears to be intending to turn left might not see a rider traveling straight ahead. That driver might fail to yield the right-of-way and turn left directly in front of the bicyclist and cause a collision.
- Right Turns: Motorists will also fail to determine whether it’s safe to make a right turn. Then, they’ll turn into a bicyclist who is between their motor vehicle and the curb.
Common Types of Bicycle Accident Injuries
Other than maybe a helmet, bicyclists are unprotected and exposed to serious injuries. When an impact with a motor vehicle occurs, there’s at least one other impact with the road surface. Here are some common types of bicycle accident injuries that are suffered:
- Skull fractures and traumatic brain injuries.
- Vertebral fractures or displacement with displaced or herniated discs.
- Leg and hip fractures.
- Joint injuries to the ankles, knees, and shoulders.
- Facial and dental fractures.
- Road rash with a likelihood of infection.
Don’t Take Another Hit from the Insurance Company
When an insured driver causes serious injuries to a bicyclist, his or her insurer knows that it’s exposed to paying serious compensation for the bicyclist’s damages. It’s going to do whatever it can to try and attribute some or all of the fault for the accident to the bicyclist. Don’t give the opposing insurer an opportunity to try and do that. The best way to prevent that is to not give the opposing insurer any information at all about your accident or medical condition. It will only try to use information that it gets from you against you. California law doesn’t require you to cooperate with an opposing insurer in setting up its defense against you.
Contact a Salinas Bicycle Accident Lawyer
You can preserve and protect your right to pursue the maximum compensation that you deserve for your injuries and damages by contacting us at Maison Law to arrange for a free confidential case consultation and review. We’re going to listen to you closely and answer your questions truthfully. After that, we’ll tell you how your case should be approached. We might even be able to help you if the driver who hit you was uninsured. If we’re retained to represent you, our objective will be to obtain the maximum compensation that you deserve for your injuries and damages.
