Overview
Bicycle accidents can occur in a wide variety of locations, such as parking lots, sidewalks, crosswalks, bike lanes, roadways, and more. Riders are at a disadvantage on roads that are supposed to be shared with cars. They may be overlooked, cut off, and they are the ones who are always more severely injured in a crash.
Most cyclists have experienced a vehicle making an unexpected maneuver into their path, as though the bike rider was invisible. Many times, this results in a collision and serious injury. Even when the cyclist did nothing wrong, driver prejudice can come into play when dealing with an insurance company or a jury.
Bicycle injury claims have unique requirements and are generally more successful if a bicycle accident attorney with relevant experience represents the injured cyclist. The trial lawyers at The Brandi Law Firm know that it is just as important to determine causation as it is to overcome inherent bias in the case of a bicycle accident.
That is why we approach bicycle cases differently than other legal matters. The only way to overcome a preexisting bias is with evidence. We invest heavily in accident reconstruction, biomechanical analysis, and infrastructure review to build cases that leave no room for doubt.
Types of Cases We Handle
Intersection Collisions
The most common type of bicycle accident, often involving drivers who fail to yield, run red lights, or make turns without checking for cyclists.
Dooring Accidents
Injuries caused when a parked vehicle's occupant opens their door into the path of a cyclist. These are common in urban areas like San Francisco.
Hit and Run
Incidents where a driver strikes a cyclist and flees the scene. These cases require thorough investigation to identify the responsible party.
Dangerous Road Conditions
Injuries caused by potholes, broken pavement, inadequate bike lanes, missing signage, or other infrastructure failures that make roads unsafe for cyclists.
Vehicle Defect Crashes
Accidents caused or worsened by defects in the bicycle itself, such as faulty brakes, frame failures, or defective helmets that fail to provide adequate protection.
Commercial Vehicle Collisions
Crashes involving delivery trucks, buses, and commercial vehicles whose drivers may have blind spots or fail to account for cyclists sharing the road.
Understanding California Law
California law requires drivers to maintain a safe distance when passing bicyclists. Under Vehicle Code section 21760, drivers must generally provide at least three feet of clearance when overtaking a bicycle. Violations of this law can be strong evidence of negligence in a bicycle accident case.
Cyclists in California generally have the same rights and responsibilities as motor vehicle drivers. This means they are entitled to use the roadway and must follow traffic laws. However, there are specific rules that apply to cyclists, and understanding these nuances is important when building a case.
California's comparative negligence system applies to bicycle accident cases. Even if a cyclist is found to share some fault (for example, for not wearing a helmet), they are generally not barred from recovering compensation. However, the award may be reduced proportionally. An experienced attorney can help minimize fault attributed to the cyclist.
Potential Compensation
Depending on the circumstances of your case, you may be able to pursue compensation for the following types of damages:
Our Process
Case Assessment
We review the accident circumstances, gather police reports, and assess your injuries. We also identify whether bias against cyclists may be a factor and develop strategies to counter it.
Scene Investigation
Our investigators visit the accident scene, photograph road conditions, measure sight lines, and document any infrastructure deficiencies that may have contributed to the accident.
Accident Reconstruction
We work with qualified accident reconstruction professionals who specialize in bicycle collisions to establish exactly what happened and demonstrate that the driver was at fault.
Medical Case Building
We coordinate with your medical team to document the full extent of your injuries, including those that may take time to manifest, such as traumatic brain injuries from impact.
Evidence-Driven Advocacy
Using the evidence we've gathered, we present a case built on facts that overcomes any inherent bias against cyclists. We negotiate aggressively or take the case to trial.
What Sets Us Apart
Notable Case Results
The results described below are representative of past outcomes. Each case is unique. Prior results do not guarantee a similar outcome.
Bicyclist v. State of California
Wrongful death of a bicyclist who was riding with a friend on the shoulder. We contended that the State should have provided barrier protection for bicyclists allowed to travel on high-speed freeway shoulders on bridge approaches.
Bicyclist v. State of California
A 16-year-old was killed while riding her bike in a marked crosswalk. The crosswalk was unsafe due to the lack of signals and other devices warning of her presence.
Bicyclist v. City of San Francisco and State of California
Our client was paralyzed after he hit a sign that was in a dangerous condition.
Frequently Asked Questions
Do I have a case if I wasn't wearing a helmet?
California law does not generally require adult cyclists to wear helmets. While not wearing a helmet may be raised by the defense, it does not automatically bar your claim. Under California's comparative negligence system, you may still recover compensation. An experienced attorney can help minimize the impact of helmet use on your case.
What if the driver left the scene of the accident?
Hit-and-run bicycle accidents are unfortunately common. We work with law enforcement and conduct our own investigation to identify the responsible driver. If the driver cannot be identified, you may still be able to recover through your own uninsured motorist coverage.
Can I sue the city if a road defect caused my bicycle accident?
Yes, government entities can potentially be held liable for dangerous road conditions, including potholes, broken pavement, and inadequate bike infrastructure. However, claims against government entities have shorter filing deadlines and special procedural requirements. Contact us promptly if you believe a road defect contributed to your accident.
How does bias against cyclists affect my case?
Unfortunately, some insurance adjusters, jurors, and even judges may harbor bias against cyclists. This is one reason why it is particularly important to have experienced bicycle accident attorneys who know how to overcome this bias through compelling evidence and skilled advocacy.
What evidence should I collect after a bicycle accident?
If possible, take photos of the accident scene, your injuries, and any damage to your bicycle. Get the driver's information and contact details for witnesses. Preserve your bicycle and any damaged equipment, including your helmet. Seek medical attention promptly, even if you feel your injuries are minor.
Attorney Advertising. The information provided on this page is for general informational purposes only and does not constitute legal advice. Every case is unique. To understand how the law applies to your specific situation, you should consult with an experienced personal injury attorney. Past results do not guarantee future outcomes.
Free Case Evaluation
If you or a loved one has been affected by bicycle accidents, contact us for a free, confidential consultation.
Contact Us(888) 309-1224Our Track Record
- More Than 150 Years Of Combined Experience
- Focused Exclusively On Personal Injury
- Licensed In California, Nevada, Arizona And Washington
- More Than $1.6 billion In Verdicts & Settlements
- A Reputation The Insurance Companies Take Seriously
- You Pay Nothing Unless We Get Compensation For You
- Always Prepared To Go To Trial If Negotiations Break Down
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