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Cyclist deaths make up four percent of all auto accidents in California, according to the California DMV. Most accidents occur between 6 p.m. and 6 a.m., when visibility is poor. Cars and trucks outnumber bicycles in the state, so the odds are often against cyclists no matter where or when they ride or how safety-conscious they are.

One hundred cyclists are killed in California annually, and 10,000 are injured in collisions, according to the California DMV. The DMV also reports that bicycle accidents are most commonly caused by riders’ and motorists’ behavior, lack of skill, and inattention.

Beyond those factors, bike accidents and fatalities have increased along with the growing popularity of electric bicycles (e-bikes) and bike shares. The number of California cyclist deaths from 2016 through 2018 reached a 25-year high.

If bike accident victims are seriously injured, a California bicycle accident lawyer can help. Porter Simon Sierra Injury Lawyers, a Truckee-Tahoe injury firm, helps bike accident victims recover compensation to help them heal and recoup their financial losses.

Common Bike Accidents and Injuries in California

Many streets in California do not have proper bike lanes. There is often an imbalance on the road as cyclists have to share the space with larger and faster vehicles. When speeding or driving under the influence of alcohol or drugs occur in these already tightly shared spaces, bike accidents may occur.

Accidents like dooring (when a driver opens the door of a parked car and hits a cyclist), distracted driving, failing to yield the right of way, or road rage are additional causes of bike accidents.

Biking can be a dangerous mode of transportation, especially in states like California, as cyclists are not required to wear helmets. Brain injuries are a prevailing catastrophic injury among bikers post-accident, as well as neck and back injuries, road rash, eye damage, dental fractures, broken limbs, and more.

Does Car Insurance Cover a Bicycle Accident?

Uninsured motorist coverage protects a rider if a driver without automobile insurance hits them. Underinsured motorist coverage is usually offered alongside uninsured motorist coverage. It can help protect bicyclists if they are hit by a driver who does not have enough coverage to pay for damages or injuries.

A bike accident victim should not have to pay for their medical bills, lost wages, or other expenses if the accident was not their fault. A bike accident lawyer can help establish fault and ensure you get paid what you deserve.

Will my bike and accessories be replaced?

Compensation from a successful bike accident lawsuit could cover the bicycle and any damaged accessories after an accident. A personal injury lawyer experienced with bike accident lawsuits can give can help give you the best opportunity to get your bike fixed or replaced without depreciation.

Who May Be At Fault in California Bike Accidents?

California is an at-fault state: Drivers responsible for a car accident (including bikers) may be held liable for any damages or injuries resulting from the accident. This could include property damage, medical expenses, lost wages, and other associated costs.

Bicyclists are responsible for following the same rules and regulations of the road as drivers. Not all drivers are automatically liable for a bicycle accident if a rider does not follow the rules. A bicyclist may not be eligible for compensation or partial compensation if the driver was found not at fault.

Other parties, such as a truck company that employs a driver who struck a cyclist, may be considered at fault if they failed to provide the driver with sufficient rest breaks, failed to properly maintain the vehicle, and/or did not hire a driver that was qualified for the job.

Insurance companies play a significant role in establishing fault in accidents, so it is wise to consider securing legal representation if there is any question of responsibility and/or you are suffering from accident-related injuries.

What Damages Can I Get Through a Bicycle Accident Lawsuit?

A successful personal injury lawsuit can help bike accident victims recover pertinent financial losses to support medical treatment and care, lost wages, and more.

Examples of possible damages include:

• Past and future ongoing medical care and expenses
• Lost income from being out of work temporarily or long-term because of an injury
• Physical and emotional suffering
• Wrongful death of a loved one

How Much Is My Cycling Accident Case Worth?

Bicycle accident settlements vary, but choosing a firm with successful case results can increase your chances of recovering compensation with a qualified case.

Porter Simon Sierra Injury Lawyers has recovered millions of dollars for California and Nevada residents, including:

• $3,000,000 for a client with an amputated leg after a motorcycle-automobile collision
• $1,200,000 for a client with catastrophic injuries after an automobile and multiple tractor-trailer incidents

$1,150,000 for a client injured in a semi-truck collision in Nevada

Can California Bicycle Law Affect Compensation After My Accident?

Cyclists should be aware of the many different influences that affect compensation in a bike injury lawsuit, such as the following state laws:

California Bicycle Helmet Law

According to CVC §21212, bicyclists are not required to wear helmets over the age of 18. Despite the rule, insurance companies do not hesitate to use it against victims. Insurers often argue not wearing a helmet should reduce financial compensation. Lawyers for bicycle accidents with knowledge of insurance tricks and state law can help fight these arguments and ensure maximum compensation.

Reflective Gear at Night

Bicycles must have lights and reflectors for nighttime riding, per CVC §21201. Without it, bicyclists might still be able to get compensation, but it could affect the outcome of their case. If the driver shared fault, perhaps they were speeding or under the influence, bicycle accident victims might have a better chance of securing compensation.

Still, bicycle accident attorneys can offer more insight and advice. A bike accident attorney can help determine and argue to what extent not having lights contributed to the accident in the first place.

California Vehicle Code: What To Know

The California Vehicle Code covers any rules of the roads and driving, including registration and titling, driver’s license procedures, financial responsibility and car insurance, bicycle laws, and safety regulations.

Regarding bicycle laws and practices, the California Vehicle Code states:

• CVC §21201(a): Bikes must have functional breaks for safety purposes.
• CVC §21200.5: A bicyclist cannot operate a bicycle while operating drugs and alcohol.
• CVC §13202.5: If riders ages 13 to under 21 are caught biking while under the influence, their driving privileges may be suspended or delayed for one year (or one year after driving eligibility).

E-Bike California Law

E-bikes are increasingly popular in California. The electric bike market is expected to reach 53.5 billion USD by 2027.

The laws are relatively new and vary by state, which can be challenging if you are an e-bike accident victim with a bicycle lawsuit seeking compensation. A California accident attorney can protect you from insurance and other parties who might misinterpret or misrepresent the facts.

Frequently Asked Questions About Working With a Bicycle Accident Law Firm

How do I find a bicycle accident attorney near me?

Bicycle accident victims need an experienced local attorney and fast if they are dealing with injuries and financial losses. People can search online for lawyers near them and check firm testimonials and case results. Porter Simon Sierra Injury Lawyers proudly serves the Truckee-Tahoe region and all of California and Nevada.

How long does it take to get a settlement or jury verdict?

Personal injury case timelines differ, including bike accident lawsuits. Settlements or a final judgment often happen faster with an experienced personal injury firm representing you.

A bike injury attorney can help gather compelling evidence, facilitate the paperwork, and negotiate with insurance companies and other attorneys until a resolution is reached.