Cyclists are vulnerable on the road. When accidents involving bicycles occur, the consequences can be severe. Gallo Law advocates for injured cyclists, ensuring they receive the compensation they deserve from negligent drivers or other liable parties.
Bicycle accidents often result in catastrophic injuries due to the lack of protection for cyclists. Many of these accidents are caused by distracted drivers, failure to yield, or hazardous road conditions. We work with accident reconstruction experts to determine fault and gather supporting evidence. Additionally, we understand the unique laws that govern bicycle safety and use these regulations to strengthen our clients’ cases. Injured cyclists may require extensive medical treatment, rehabilitation, and ongoing therapy. Our firm fights to secure compensation for medical bills, pain and suffering, and lost income, ensuring our clients can focus on recovery.
Types of Bicycle Accidents:
Bicycle accidents occur in various ways, each presenting different legal and safety concerns. Common types include:
- Dooring Accidents: When a parked driver opens their car door into the path of an oncoming cyclist, leading to serious injuries.
- Right Hook Accidents: A vehicle turning right collides with a cyclist traveling in the same direction, often due to a failure to check blind spots.
- Left Cross Accidents: A motorist making a left turn strikes a cyclist coming from the opposite direction, frequently due to misjudgment of speed.
- Rear-End Collisions: A vehicle strikes a cyclist from behind, often due to distracted or aggressive driving.
- Intersection Collisions: Occur when cyclists and vehicles meet at crosswalks, stop signs, or traffic signals, sometimes due to confusion over right-of-way.
- Bike Lane Encroachments: When drivers fail to respect designated bike lanes, increasing the risk of collisions.
E-Bike Accidents:
With the rise in popularity of electric bicycles (e-bikes), new challenges have emerged. Unlike traditional bicycles, e-bikes can reach higher speeds, leading to more severe accidents.
E-Bike Classifications:
California law categorizes e-bikes into three classes:
- Class 1: Pedal-assist only, with speeds up to 20 mph.
- Class 2: Throttle-assisted e-bikes that do not require pedaling but have a speed cap of 20 mph.
- Class 3: Pedal-assist e-bikes with speeds reaching up to 28 mph, often restricted from certain bike paths.
Because e-bikes travel at higher speeds, their accidents tend to involve greater impact forces, leading to more severe injuries. E-bike riders must adhere to specific traffic laws, including helmet requirements and bike lane restrictions.
Bicycle Accident Statistics:
Understanding the prevalence of bicycle accidents helps highlight the risks cyclists face:
- The National Highway Traffic Safety Administration (NHTSA) reports that over 850 cyclists die in traffic crashes annually in the U.S.
- California has the highest rate of bicycle fatalities, accounting for nearly 20% of all cycling deaths nationwide.
- Hit-and-run incidents involving cyclists are increasing, making legal representation critical for victims seeking justice.
- Alcohol involvement is a factor in approximately 37% of all fatal bicycle accidents, either on the part of the motorist or the cyclist.
Common Bicycle Accident Injuries:
Due to their exposure, cyclists often sustain serious and life-threatening injuries, including:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries, including paralysis
- Fractured Bones and Dislocations
- Severe Road Rash and Lacerations
- Internal Organ Damage and Hemorrhaging
- Facial and Dental Injuries
- Psychological Trauma (PTSD, Anxiety, Depression)
Preserving Evidence After a Bicycle Accident:
To build a strong claim, it is crucial to collect and preserve key evidence, including:
- Photographs of the accident scene, road conditions, and vehicle damage.
- Medical records documenting injuries.
- Eyewitness statements.
- Police reports detailing the incident.
- Surveillance or dashcam footage.
- Bicycle damage assessments to demonstrate impact severity.
California Bicycle Laws and Liability:
Cyclists in California are protected by specific laws designed to promote their safety. Understanding these laws can help establish liability in accident claims.
Key California Bicycle Laws:
- California Vehicle Code §21200: Grants cyclists the same rights and responsibilities as motor vehicle drivers.
- California Vehicle Code §21202: Requires cyclists to ride as close to the right-hand curb as practicable, with exceptions for safety.
- California Vehicle Code §21208: Regulates when cyclists can leave designated bike lanes to avoid hazards.
- California Vehicle Code §21950: Mandates that motorists yield the right-of-way to cyclists at crosswalks and intersections.
- California Vehicle Code §21760: The “Three Feet for Safety Act” requires drivers to provide at least three feet of space when passing cyclists.
Comparative Negligence in Bicycle Accidents:
Under California Civil Code Section 1714, a cyclist’s compensation may be reduced if they are found partially at fault. For example, if a cyclist is deemed 30% at fault for an accident, their settlement will be reduced by that percentage.
Multi-Vehicle Bicycle Accidents:
Accidents involving multiple vehicles and a cyclist can make liability determination complex. Factors considered include:
- Traffic violations committed by each party.
- Accident reconstruction analysis.
- Involvement of commercial vehicles, which may introduce corporate liability.
The Role of Event Data Recorders (EDRs) in Bicycle Accidents:
Modern vehicles and e-bikes may be equipped with event data recorders (EDRs) that store crucial crash-related data, such as:
- Speed at impact.
- Braking data.
- Acceleration or deceleration prior to the accident.
- Rider input before the collision (for e-bikes).
Accessing this data can be pivotal in proving liability and reconstructing how an accident occurred.
How Gallo Law Advocates for Cyclists:
Our firm is committed to protecting the rights of cyclists and e-bike riders. We work closely with accident reconstruction specialists, medical professionals, and insurance companies to build compelling cases. Our goal is to ensure that injured cyclists receive full compensation for:
- Medical expenses (current and future).
- Lost wages and diminished earning capacity.
- Pain and suffering.
- Bicycle repair or replacement costs.
If you or a loved one has been injured in a bicycle or e-bike accident, contact Gallo Law today for a free consultation. We are dedicated to securing justice and fair compensation for our clients.