Safety, Laws, and Rights – Tulare Bicycle Crash Lawyer

Safety, Laws, and Rights – Tulare Bicycle Crash Lawyer

Maison Law represents injured cyclists in Tulare. The physical and financial devastation cyclists face after a horrific accident are immeasurable. To make matters worse, the insurance companies are not interested in helping you. They only want to offer you ridiculously low settlements, no matter how severely your life has been altered from the accident.

At Maison Law, we ensure you are compensated for all your current hardships, as well as all future costs you will accrue over the course of your life due to your injuries. Protect your right to compensation and contact one of our skilled Bicycle Accident Attorneys for a no-cost, no-obligation consultation.

How a Tulare Bicycle Crash Lawyer Can Help

Nestled in the heart of Central California, Tulare offers cyclists breathtaking, outdoor trails and a vibrant downtown scene, equipped with bike lanes from 6th Street to Cedar. So, whether you’re looking to attempt “The Plunge,” on Cannell trail, or taking a leisurely family ride in a downtown bike lane, Tulare offers something to cyclists of all levels.

However, Tulare’s mountainous landscape and bustling downtown create heightened risks for cyclists. The slightest careless act from another driver, construction crew, or pedestrian can turn an adventurous bike ride into a catastrophic, life-changing accident.

This is where the Bicycle Accident Lawyers at Maison Law can help. After an accident, cyclists are often blamed for causing the crash, making it extremely difficult for injured cyclists to recover costs. At Maison Law, our attorneys protect cyclists’ rights and will not hesitate to take legal action to secure compensation on their behalf. The damages we pursue for bicycle crash victims include:

• Medical and hospital bills
• Property damages
• Occupational and physical therapy
• Lost earnings and wages
• Property damage
• Lost earning capacity
• Pain and suffering

California Bicycle Law and Cyclist’s Rights

California is a bicyclist’s paradise with scenic bike paths and adrenaline-pumping trails. So, when participating in one of California’s most popular outdoor activities, it is crucial to ensure safety and legal compliance by understanding California’s bicycle laws and the rights of cyclists. 

California state law permits local governments to form their own bicycle laws. However, in the state of California, there are provisions cyclists must follow:

• 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
• Bicyclists are required to stop at stop signs and red lights
• Bicyclists must yield to all vehicles at yield signs
• Bicyclists are required to yield to both marked and unmarked crosswalks
• Bicyclists cannot impede traffic or interfere with the flow of traffic

Tulare Bicycle Law

Cycling through Tulare is a great way for locals and visitors to enjoy the city. And for the more adventurous, Tulare offers mountain biking trails at Cannell Trail, as well as BMX biking at DT-1 MX Park, with various off-road and motocross tracks. To keep riders safe, the city of Tulare has enacted the following bicycle laws:

• Tulare Ordinance Code 36.240: No person shall ride a bicycle or skateboard on any grassy area, service roads, or pathways designated for pedestrian use. A bicyclist is permitted to push a bicycle by hand over any grassy area, path, or walkway.
• Tulare Ordinance Code 36.240 (B): No person shall leave a bicycle or skateboard in any place or position where other persons may trip or be injured by it. Bicycles are required to be left in the bicycle rack when one is provided and there is space available.
• Tulare Ordinance Code 16.070: No person shall ride a bicycle, skateboard, roller skates, coaster, toy vehicle or similar device upon any sidewalk within the Downtown Improvement District of the City of Tulare.

Comparative Negligence in a Tulare Bicycle Crash

Comparative negligence is when more than one party is partially at fault for causing an injury and is covered under California Civil Code 1714. This law essentially states:

• You can recover damages in cases even if you are partially at fault
• If you and the defendant are found negligent, the jury assigns a percentage of fault to each party
• The total compensation awarded to you is reduced by your percentage of fault
• If you are 99% at fault, you can still receive 1% of the total case value

In the case of a bicycle crash, ultimately, fault will be determined by the details of the case and the judgment of a judge and jury if the matter goes to trial.

Let’s say, for example, a bicyclist is trying to pass someone in the bike lane on Cedar Avenue. They gather speed and pass a fellow bicyclist on the left side, causing their bike to exit the bike lane for a couple of seconds. At the same time, a speeding vehicle collides with the bicyclist and causes them to suffer several injuries such as a broken elbow, fractured jaw, and bruised ribs. Who is at fault?

In a hypothetical situation like this, comparative negligence could come into play. A jury may find the driver 80% at fault for speeding near a bike lane, while finding the bicyclist 20% at fault for exiting the bike lane without checking the road for passing cars. So, if the jury awards the bicyclist $1,00,000 then their reward will be reduced by 20% of the fault, netting them $800k.

Bicycle Accidents and Premise Liability in Tulare

Premises liability is when a property owner fails to keep their property free of hazardous conditions by performing routine inspections, as covered in California Civil Code 1714. This law not only applies to property owners but to:

• Business owners
• Government entities
• Contractors or Subcontractors

Essentially, whoever is responsible for the property is required to repair, replace, or provide reasonable warning about unsafe property conditions to keep visitors safe. Property owners who fail to repair dangerous conditions, or warn them, can be served with a premise liability lawsuit if someone gets injured as a direct result of their carelessness. Hazardous conditions on a bike path or BMX park typically include:

• Poor maintenance: this could mean the bike path or ramps are worn down, forming hazards where people typically ride.
• Inadequate lighting: if the park is open at night and poor lighting causes a participant to get injured, then the park owner or government entity responsible could be held liable.
• Defective equipment: if the park rents out or sells protective gear or bicycles that are poorly designed, and their deficiencies result in an injury, then the owner could be held liable.
• Not posting visible warning signs: warning signs alerting patrons to hazards must be properly lit and visible to everyone on the property.

How Do Bicycle Crash Injuries at Public Parks Differ From Private Parks?

If you suffered a bicycle crash injury in a Tulare city park due to a hazardous condition, pursuing damages can be more complicated than if you were to file a lawsuit against a privately owned park. Public parks like DT-1 MX Park and Cypress Park are owned by the government. So, instead of filing a lawsuit against a company or individual, you would be filing a lawsuit against the government.

One of the major differences between government entities and privately owned parks is that the government can claim “sovereign immunity.” Sovereign immunity essentially means that a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty.

However, the California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness (drunk driving, knowingly ignoring hazards, etc.), or corruption. Depending on the circumstances, suing the government for a bicycle crash accident can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process.

Bike Laws to Prevent Vehicle-Bicycle Crashes

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, it is important for bicyclists to remain aware of motorists as not all drivers recognize this law or respect the rights of bikers on the road. Other laws outlining the rights of bicyclists on the road include:

• 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. In Tulare, bicyclists can ride on the sidewalks except in the Downtown Improvement District of the City.

California E-Bike Law

SB No. 1271 was signed into law in 2024 and is now in effect as of January 1st, 2025. This bill covers several new e-bike regulations to address the e-bike situation in California. The law states that an electric bicycle is a bicycle equipped with fully operable pedals and an electrical motor of less than 750 watts. Also, the new law separates e-bikes into the following three classes:

• Class 1: a low speed pedal-assisted electric bicycle equipped with a motor, which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached
• Class 2: a low speed throttle-assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance once a speed of 20 mph is reached
• Class 3: a low speed pedal-assisted electrical bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached

E-bikes are permitted to ride in the bike lane. However, Class 3 e-bikes cannot:

• Be ridden on bike trails
• Be ridden on sidewalks or in parks unless indicated otherwise
• Be operated by anyone under the age of 16 years old
• Be operated without a helmet
• Be operated while transporting passengers

Can I Get a DUI on a Bicycle in Tulare?

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.

What is the Typical Settlement Amount for a Bicycle Crash Injury in Tulare?

There is no average compensation for bicycle injuries. The result of every personal injury lawsuit varies on a case-to-case basis, so it is difficult to determine the value of every case. However, certain factors can potentially increase your amount of compensation:

• The severity and permanence of your injuries
• The percentage of blame assigned to you in the accident (ranges anywhere from 1% – 99%)
• Your age at the time of the accident
• Your education level and occupation
• Loss of enjoyment you’ve suffered due to injuries or mental trauma sustained from the accident
• Loss of earnings
• Future and present medical treatments

It is proven that payouts for bicycle crash injury victims tend to be higher for those represented by an experienced Personal Injury Lawyer than those who took legal action without representation.

Average Settlement for Bicycle Crash 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.

How Maison Law Will Help You Win a Fair Settlement

At Maison Law, we protect injured cyclists by reaching successful settlements through:

• Accurate damage calculation: we calculate damages based on expert testimony, medical evaluations, and economic analyses to cover every aspect of your current and long-term, medical needs.
• Clear reports and expert witness testimony: our firm compiles detailed reports that outline the extent of your injuries and the impact they will have on the rest of your life. We organize expert witness testimony to reinforce the credibility of your claim and the incident.
• Minimizing liability: if you file a claim or lawsuit against an at-fault party, they will most likely attempt to put some or all of the blame onto you. Our firm will analyze your case and work to minimize or eliminate liability in your personal injury accident.
• Negotiating with insurers: our experienced team of lawyers are expert negotiators and understand the tactics insurance companies will take to attempt to minimize your damages and compensation. We ensure our clients receive a fair settlement that fully covers their current and future needs.
• Court Representation: our trial lawyers will represent you in court and build a strong case, highlighting the depth of your injuries and the necessity for recovering damages.

Contact a Tulare Bicycle Crash Lawyer

Motorists and bicyclists are often at odds on the road and the same can be said when it comes to legal matters. Bicyclists often receive unfair blame for accidents and can face undeserved difficulties in recovering damages. But at Maison Law, we understand the rights of bicyclists and will fight to protect them.

Cyclists are offered practically no protection from serious hazards, making them far more likely to be seriously injured in an accident, or in worse cases, killed. That’s why having an experienced Personal Injury Lawyer on your side is vital to recovering the compensation you need to get your life back on track.

Don’t wait until it’s too late to take legal action. Contact us today for a no-cost, confidential consultation to see what legal options are available for your situation.