Modesto Bicycle Accident Lawyer
Maison Law Accident & Injury Lawyers of Modesto proudly represents bicycle accident victims across the city. Modesto has a seemingly ideal environment for bicyclists, with its great weather and numerous paths, trails and lanes. However, sharing the road with cars and other vehicles can sometimes be a recipe for an accident–which can leave you injured. Our team will be there to help you through the recovery process. Contact us today to set up a free consultation to learn more.
Should You Consider Hiring a Lawyer?
Whether you need a lawyer after a bicycle accident depends on the situation. For minor accidents, legal action may not be necessary, but you still have the right to file a claim, if need be.
Still, being prepared is key in any bicycle accident, and having a lawyer can simplify the process. Our approach to bicycle accidents involves:
- Determining fault.
- Collecting and analyzing evidence.
- Interviewing witnesses and consulting experts.
- Managing administrative tasks and communicating with insurance companies.
- Negotiating for a fair resolution.
Even if your accident seems minor, they often result in injuries requiring medical attention and further care like therapy or rehabilitation. Managing insurance matters while recovering can be overwhelming. Our team can shoulder that responsibility, allowing you to focus on healing and recovery.
How Should You Respond After a Bicycle Accident?
Whether you decide to take legal action after a bicycle accident is entirely up to you. But there’s a few things you should do after any bicycle accident to make sure that your health and safety are taken care of:
- Get to safety – If you’re able, the very first thing you should do is get to a safe area of the road or trail. Usually, this means moving off to the side, away from other traffic. Check yourself for any injuries.
- Call for help – Next, call 911 and report the accident. This will dispatch an ambulance and police to the scene so they can begin clearing things out. Make sure to get attention from the EMTs, and talk to the police about what happened.
- Document the scene – Take photos or videos of the accident, including bike damage and surroundings. Also, get contact and insurance details from all parties and witnesses.
- Maintain records – Keep records of medical treatment, accident reports, and related communication. Make sure to keep up with your doctor’s orders too, and don’t repair or fix your bike or other damaged belongings right away.
Bike Laws to Prevent Vehicle-Bicycle Accidents in Modesto
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 Modesto, bicyclists can ride on the sidewalks except in the Downtown Improvement District of the City.
Modesto Bicycle Laws
California state law permits local governments to form their own bicycle laws. The city of Modesto provides their definition of what constitutes a bicycle in Modesto Ordinance 3.12, which states:
“”Bicycle” for the purpose of this chapter means any device upon which a person may ride, which is propelled by human power through a system of belts, chains, or gears and which has wheels at least twenty (20) inches in diameter and a frame size of at least fourteen (14) inches.
Modesto Municipal Code 3-3.12 specifies where bicycles are permitted, stating bicycles licensed in Modesto may be operated on all streets, alleys, and public ways of the city. However, no bicycle shall be operated on the sidewalk area in any business district as defined in the California Vehicle Code.
Causes of Accidents
One of the things about any bicycle accident is that the above steps are important regardless of the type or cause of your particular accident. At the same time, it’s important to have some awareness of the causes so you can be better prepared:
- Failure to yield – Drivers frequently fail to yield to bicycle riders, particularly at intersections. This can result in collisions.
- Not checking blind spots – These accidents often happen when drivers fail to check blind spots or signal properly, leading to collisions.
- Distracted driving – Drivers distracted by phones or GPS may overlook cyclists, causing accidents.
- Reckless driving – Speeding and driving recklessly reduce reaction time, heightening the risk of colliding with cyclists.
- Dooring accidents – Opening car doors without checking for cyclists can result in collisions.
- Poor road maintenance – Hazardous road conditions (like potholes) or the absence of bike lanes make cycling unsafe.
- Driving under the influence – Alcohol or drugs impair drivers, posing a serious threat to cyclists.
No matter what the cause of your particular accident is, what you’re going to have to do is connect the cause of the accident to your injuries. In terms of your legal options, what you’re able to get depends on the strength of your case–and how the legal process plays out.
Modesto Bike Lane Classes
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. Examples include the Virginia Corridor Trail, Dry Creek Regional Park Trails, and Hetch Hetchy Trail.
- 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 Buffered bike lanes and combined bike/right turn lanes. It provides a striped and stenciled lane for one-way travel on a street or highway.
- 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 this in Modesto would be Paradise Road in front of Modesto High School.
- 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. Modesto has implemented Class IV bikeways on the MJC Campus Connection, a 2.2-mile protected bike path.
What if I’m Injured at a State Park in Modesto?
Modesto is home to some of the most adventurous bike trails in California. But what happens if your injury is due to a hazard on a state park trail. For example, if your bicycle accident was caused by debris left by a construction crew, or by unrepaired holes in the ground? Who is responsible for a bicycle crash in a state park?
State parks 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 filing a lawsuit against the government versus an a private citizen 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 accident can be an incredibly challenging process. You will need an experienced tort lawyer who understands government liability to navigate the complex legal process.
California E-Bike Law
California leads the nation in e-bike adoption, allowing people a more efficient and smaller mode of transportation. However, with the popularity of these bikes booming across the Golden State, there has been a major uptick in e-bikes being used on public roads and bike paths alike. So, e-bike enthusiasts may wonder if e-bike riders are subject to the same laws as non-electric bicycles.
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
What is the Typical Compensation for a Modesto Bicycle Accident?
There is no set dollar amount for the trauma and pain experienced by bicycle accident victims. However, our experienced Bicycle Accident Attorneys can help you understand the value of your case by calculating your economic damages (such as lost wages and medical bills) and non-economic damages (emotional harm, depression, and anxiety). These damages combined include:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages
What Factors Could Decrease My Settlement?
Understanding the factors that can potentially harm your bicycle accident case is essential to knowing the value of your lawsuit. While a highly experienced Bicycle Accident Attorney will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These factors include:
- Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law, which states: “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
- Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
- Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
- Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe.
- Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects.
What Are Your Legal Options?
Legally, your options after a bicycle accident are very similar to any other type of accident. The purpose of your legal rights is to file an injury claim, either through an insurance claim outside of court or a personal injury lawsuit inside the court system. The second part of that equation is to recover certain “damages” for your losses. In a typical bicycle accident claim, this invovles:
- Medical expenses – These cover all medical bills and treatment costs, from initial emergency care to ongoing rehabilitation for permanent injuries.
- Lost income – These damages are for any income lost due to the inability to work or reduced earning capacity resulting from the accident.
- Property damage – These damages are for any repair or replacement costs to your damaged property, including your bike.
- Pain and suffering – This covers any physical discomfort and mental anguish experienced due to the accident.
- Emotional distress – Similarly, these damages cover the psychological effects of the accident, such as anxiety or post-traumatic stress disorder (PTSD).
- Reduced quality of life – These cover any adverse changes in personal life or relationships resulting from the accident.
- Wrongful death expenses – In the event that injuries are fatal, your surviving family members can recover expenses relating to funeral or burial, or loss of earnings or benefits.
Who Pays For Damages?
Just having access to these damages is part of your legal protections as an accident victim in California. But an important part of the process is figuring out who is responsible for paying for them. This, in legal terms, is known as “liability.” The underlying causes of the accident will be crucial in determining liability, but it’s not always straightforward. Like any other accident, the key is establishing negligence. Typically, this means showing that someone:
Failed in their duty to ensure your safety, leading to the accident and your injuries.
Depending on the circumstances, a number of different parties could be liable:
- Drivers
- Employers (if the driver was on the clock or in a company vehicle)
- Local governments
- Construction crews
- Repair shops
- Parts manufacturers
Even with your legal rights in place, it doesn’t always protect you from accidents. In fact, many bicycle accidents are simply out of your control. That said, you should do everything you can to avoid them if you can, which means wearing proper safety gear, using reflectors, and always following the rules of the road.
Frequently Asked Questions
How common are bicycle accidents in Modesto?
In 2023, there were 68 bicycle accidents in the city, according to the CHP’s Transportation Injury Mapping System (TIMS).
How long do you have to file a bike accident claim?
Two years. This is the statute of limitations for any injury claim in California.
Can I be at fault for the bike accident?
It depends. You can share some liability and fault for the accident if you were riding recklessly or weren’t otherwise following the rules of the road. You can still file an injury claim, though, if the accident was caused by someone else.
Experienced Modesto Bicycle Accident Lawyers
Any accident brings its share of challenges, but this is especially true in a bicycle accident. Whether it’s injuries or changes to your quality of life, these accidents can leave you feeling confused and overwhelmed.
At Maison Law Accident & Injury Lawyers of Modesto, we can help. We’ll explain the process and guide you through it.
Contact us today for a free consultation to get started.