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.
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.
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.