Fremont Bicycle Accident Lawyer
Maison Law Accident and Injury Lawyers of Fremont represents injury victims in bicycle accidents across the city and surrounding area. These accidents can leave you or your children with serious, long-lasting injuries that you’ll have to deal with for the remainder of your life. That’s why the legal process is so important and where we can help. Contact us today for a free consultation if you’ve been injured in a bicycle accident.
Do You Need Our Lawyers?
Bicycle riding is popular in Fremont just like other areas of the state, largely due to its favorable conditions. However, this also increases the risk of accidents. Despite taking steps to protect yourself and your loved ones, there’s always the chance that you’ll be involved in one of these accidents
Preparation involves knowing your options if an accident occurs. While not mandatory, having a lawyer can simplify matters. Our established approach includes:
- Figuring out who’s at fault.
- Collecting and reviewing evidence.
- Talking to witnesses and experts.
- Handling daily tasks and talking to the other party’s insurance.
- Negotiating for a fair settlement.
While we are happy to provide our services to you, whether or not you need us depends entirely on your circumstances. If you have minor injuries, you probably don’t have to worry about the legal side of things. But if your injuries are more in line with a typical bicycle accident, you’ll probably need all the help you can get.
Causes of Bicycle Accidents and Who is Responsible
As you might expect, there’s a number of different underlying causes when it comes to bicycle accidents in Fremont. While a lot of these have to do with other drivers, there’s some that are unique to the city and area itself. Regardless of the cause, though, figuring out liability is crucial for your options. First of all, it’s important to look at these underlying causes:
- Distracted driving – Drivers distracted by smartphones or GPS devices may overlook bicyclists, leading to accidents.
- Failing to yield – Motorists not yielding to bicyclists, especially at intersections or turns, can cause collisions.
- Dangerous lane changes – Accidents happen when drivers fail to check blind spots or signal properly, colliding with bicyclists during lane changes.
- Dooring incidents – Drivers or passengers opening car doors without checking for bicyclists can cause collisions.
- Speeding and reckless driving – Speeding reduces a driver’s ability to respond quickly, increasing the risk of hitting bicyclists.
- Poor road conditions – Bad roads, potholes, debris, or lack of bike lanes increase dangers for bicyclists.
- Driving under the influence – Alcohol, drugs, or medication impair driver reactions and decisions, posing a threat to bicyclists.
- Low or reduced visibility – Cycling at night without reflectors or lights, or wearing dark clothing, makes it hard for drivers to see bicyclists, raising accident risks.
How Maison Law Accident & Injury Lawyer of Fremont Helps Injured Riders
From scenic outdoor parks to downtown bike paths, Fremont offers cyclists ample space to ride, featuring over 18 miles of separated bike paths throughout the city.
However, with so many bike paths running along heavily-trafficked roads like Paseo Padre or Walnut Avenue, there is heightened risks for cyclists in Fremont. The slightest careless act from another driver, construction crew, or pedestrian can turn an eventful bike ride into a catastrophic, life-changing accident.
This is where Maison Law Accident & Injury Lawyers of Fremont can help. After an accident, cyclists are often blamed for causing the crash, making it extremely difficult for injured cyclists to recover costs. Our attorneys work to protect cyclists’ rights and will not hesitate to take legal action to secure compensation on their behalf.
As avid bicyclists ourselves, we want to ensure injured bicyclists are taken care of after suffering an injury at the hands of another. That’s why we pursue the maximum amount of compensation for the following damages:
- Medical and hospital bills
- Property damages
- Occupational and physical therapy
- Lost earnings and wages
- Property damage
- Lost earning capacity
- Pain and suffering
How Does Comparative Fault Work in a Fremont Bicycle Accident?
California law covers liability through comparative fault, also known as comparative negligence. California is a pure comparative negligence state. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the 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.”
For example, a vehicle fails to stop in time, and hits the back of your bike, sending you over the handlebars and onto the pavement. The crash leaves you with a serious head injury because you were not wearing a helmet.
In this scenario, you may be found partially at fault for your head injury because you were riding without a helmet on. While bicyclists over the age of 18 are not required to wear a helmet in California, it could be seen as careless to be riding near traffic without a helmet on.
These liability reasons are why it is important to have an experienced Bicycle Accident Lawyer from Maison Law Fremont Lawyers on your side. Our attorneys are experts at minimizing liability and can potentially eliminate fault entirely, so you’re settlement will not be reduced due to comparative negligence.
Fremont Bicycle Laws
Whether you’re an avid cyclist in Fremont or a first-time rider, it’s important to familiarize yourself with Fremont’s bicycle laws. While the state of California has bicycle laws, each city is responsible for designating their own bicycle laws in addition to state bicycle laws. The Fremont bicycle laws are as follows:
- 10.10.010: “bicycle,” 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 at least 20 inches in diameter and a frame size of at least 14 inches.
- 10.10.020: any bicycle owned and operated by a resident must conform to the requirements of pertinent provisions of the California Vehicle Code as to its safe condition and other specified requirements relating to warning devices such as reflectors.
- 10.10.030: it shall be unlawful for any person to ride or operate a bicycle in the city of Fremont in violation of any of the rules of the road as set forth below and as contained in the city and state traffic laws.
- 10.10.040: no person shall ride or operate a bicycle on any sidewalk in the city as herein specifically permitted. Juveniles under the age of 16 years, exercising due care and giving pedestrians the right-of-way, may ride and operate their bicycles upon the sidewalk, except such sidewalks as are in front of schools, stores, or buildings used for business purposes.
- 10.10.050: no person shall park any bicycle against windows or on the main-traveled portion of the sidewalk, no in such manner as to constitute a hazard to pedestrians, traffic, or property.
California Right-of-Way Laws for Bicyclists
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, for your own safety, it is important to remain aware of motorists as not all drivers recognize this law or respect the rights of bicyclists 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. Some cities permit cyclists to ride on sidewalks, but some cities have banned cyclists from using the sidewalks.
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 that 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
How Do Bicycle Crash Injuries at Public Parks Differ From Private Parks?
If you suffered a bicycle crash injury in a Fremont 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 Fremont State 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.
Common Bicycle Accident Injuries in Fremont
Medical professionals are no strangers to bicycle accident injuries. According to the American Academy of Family Physicians, bicycle injuries account for 1.2 million doctor visits and 580,000 emergency visits per year. Although collisions with motor vehicles only involve a minority of bicycle accidents, they’re most responsible for the majority of injuries and fatalities. The most common bicycle accident injuries in Fremont include:
- Brain injury: brain injuries are far more likely when bicyclists fail to wear their helmets. Although a helmet will not entirely protect you against a 3,000-pound vehicle, it can still reduce the risk of serious brain injury. According to the Insurance Institute for Highway Safety, 62% of all fatal bicycle accidents involved bikers without helmets.
- Facial injury: bicycle injuries typically involve facial injuries due to the lack of protection on a rider’s face. Common facial injuries include:
- Broken jaw bone
- Missing teeth
- Fractured cheekbones
- Damaged eye sockets
- Spinal cord injury: considered one of the most dangerous injuries, spinal cord damage can most likely become permanent, affecting the entire body. A blunt hit to the spinal cord can cause:
- Loss of movement
- Loss of sensation
- Loss of bladder control
- Difficulty breathing
- Trouble with balance and walking
Dealing with Insurers After a Fremont Bicycle Accident
When it comes to bicycle accidents that result in injuries, insurance companies will not hesitate to shift blame onto the bicyclist for causing the accident. So, for example, let’s say you’re biking through Fremont’s Central District, and all of a sudden, a driver swings open their car door in your path without checking the bike lane. You try to swerve, but you end up colliding with the door at high speed and suffer a serious head injury.
A representative from the vehicle owner’s insurance company will most likely contact you shortly after the accident. While they may seem concerned, they will be looking to get you to give a statement that accepts some liability for the accident. They will even try to use your words against you, or get you to admit that your injuries are not that serious.
In these situations, it is recommended to NEVER admit fault. In fact, you do not have to speak with any insurance company representative if you do not want to. Our firm can do that for you. Contact Maison Law Accident & Injury Lawyers of Fremont today if you’ve been involved in a Fremont bicycle dooring accident.
Liability
Again, these underlying causes will go a long way in figuring out who is responsible. But it’s not always so straightforward. To determine responsibility, you have to show negligence. In a typical bike accident, this means proving that someone:
- Didn’t do their duty to keep you safe, which caused the accident and your injuries.
Different people or groups could be responsible for your particular bike accident, depending on what happened. Usually, they are:
- Careless drivers – Drivers who don’t drive safely and cause an accident with a bike might have to pay for the damages and injuries.
- Government agencies – If the accident happens because the road isn’t safe or well-maintained, the government agency in charge might be responsible.
- Bike makers or sellers – If the accident is because the bike is broken or doesn’t work right, the company that made or sold the bike might have to pay under product rules.
- Pedestrians or other bikers – Depending on what happened, other people like pedestrians or bikers might also be partly responsible for the accident.
Figuring out who’s responsible is extremely important for how your claim will play out because it’s this person or people that are liable for covering your damages. And in a bicycle accident, these can be significant.
Filing a Claim For Damages
When it comes to your actual options for recovering damages from your bicycle accident, it’s going to involve formally filing an injury claim. Generally, you have two ways to do this:
- Insurance claim, where you’ll go through insurance coverage to seek financial support.
- Personal injury lawsuit, where you’ll file a formal Complaint in civil court against the responsible party.
Both routes aim to help you recover “damages,” which are broadly categorized into two types: economic and non-economic, and cover various aspects of your injuries that came out of the accident. Here’s what you may be able to recover in a successful claim:
- Medical expenses and costs – This includes all medical bills and treatment expenses, such as surgeries, ambulance services, consultations, and ongoing care if injuries are permanent.
- Lost wages and earning potential – These cover any wages lost due to inability to work, or diminished earning capacity resulting from the accident.
- Property damage – These are for the repair or replacement costs for your bike, gear, clothing, and any other damaged personal property.
- Pain and suffering – These damages relate to the physical discomfort and mental suffering you go through as a result of the accident.
- Emotional distress – These are separate from pain and suffering, and are built around the psychological impacts (anxiety or PTSD) resulting from the incident.
- Reduced quality of life – These cover any changes in your personal life or relationships caused by the accident.
Although rare, there’s also the possibility of punitive damages, which are awarded in cases of extreme negligence, aiming to penalize the responsible party.
The outcome of your claim depends on various factors, including the specifics of your case, the extent of damages and injuries, and the effectiveness of presenting your case. Collaborating with our experienced team maximizes your chances of obtaining the best result. Remember, you have to file within California’s statute of limitations for an injury claim, which is two years from the date of the accident itself.
Strengthening a Bicycle Accident Claim
Like any other injury claim, what you’re able to get back is going to depend heavily on the evidence. This doesn’t just rest on things like medical records and visual evidence, which is very important. Rather, the actions you take–or don’t take–in the aftermath of the accident is going to be crucial. Here’s what you can do to strengthen your claim:
- Move to a safe place like the side of the road or a safe area away from the bike path to stay safe.
- Get help from a doctor right away.
- Tell the police about the accident.
- Share your contact and insurance information with everyone involved.
- Take pictures or videos of the scene and important details.
- Don’t throw away anything that could be proof of what happened.
- Schedule another appointment with your doctor to check on your injuries.
- Don’t fix your bike or other things that got damaged too quickly.
- Even if you feel okay at first, don’t say no to medical help.
Even by taking these steps, it’s still up to you to present evidence for your damages. It’s here that our team can also be extremely helpful. We can help you put together medical records, accident reports, and other pieces of key evidence for your claim. But more than that, we’ll be there to support you every step of the way.
FAQs
Is there a time limit for filing a personal injury claim after a bicycle accident in Fremont?
Yes. Currently, you have two years from the accident date. Act promptly to make sure you meet it, because missing it means you can’t recover damages.
What should I do if the driver who hit me in Fremont doesn’t have insurance or flees the scene?
Contact the police immediately to report the incident. If possible, gather information about the vehicle and driver, like the license plate number or physical description.
Should I seek medical attention even if I don’t feel injured after a bicycle accident in Fremont?
Yes, it’s wise to seek medical attention. Some injuries may not be immediately obvious, so it’s important to get checked out at an urgent care or emergency room.
Contact Maison Law Accident and Injury Lawyers of Fremont After a Bicycle Accident
Bike accidents in Fremont are unfortunate, no matter what caused them. Biking should be fun, especially in such a nice area. But it’s important to know biking has risks, some you can’t control.
If you’re hurt in one of these accidents, don’t wait to contact our team at Maison Law Accident and Injury Lawyers of Fremont. We’ll handle your claim and give you the support you need. To get the process started, contact us today for a free consultation.