Were you injured in an accident while riding your bicycle? Was it due to another person’s negligent misconduct? If so, you might be entitled to compensation for your accident-related expenses. The Fremont personal injury lawyers of OnderLaw can provide the legal representation you need to help you hold the at-fault party liable.

Since bikes offer a convenient mode of transportation and excellent exercise for the rider, more and more people choose to take their bicycles to work, school, and other places on a warm day. Unfortunately, sharing the road with motor vehicles places the bike rider at serious risk of harm. You can’t prevent someone from drifting into the bike lane or passing too closely, clipping you with their side-view mirror.

Bicyclists are more likely to suffer severe injuries in collisions involving motor vehicles. Without the protection of an airbag that car occupants have, a person on a bike can experience significant physical trauma during the impact. Initial injuries from the crash can include broken bones or a traumatic brain injury. Subsequent injuries often occur from falling to the ground, getting run over by a car, or being impaled by sharp debris.

For information on how to protect your rights after a bicycle accident and pursue compensation from the negligent driver, call OnderLaw for a free consultation with one of our Fremont bicycle accident attorneys.

Why Do I Need a Lawyer? Why Choose OnderLaw ?

Although you don’t have to hire a lawyer after being involved in a bicycle accident, it’s always the best decision to make. Anyone who tries to recover a fair settlement in an insurance claim without legal representation ends up with less money than they need. If you don’t know what you’re doing, the insurance company can provide a lowball offer and intimidate you into accepting it. You might feel tempted to accept even if it doesn’t cover your total expenses associated with the accident.

OnderLaw has represented bike accident victims since 2002 and knows what needs to be done to build a successful case. We can handle the responsibility that comes with an accident investigation and negotiate a settlement on your behalf. We are always aggressive when dealing with insurance companies and won’t back down without a fight.

Bike Laws in Fremont

Bicyclists have the same rights and must follow the same laws as the drivers of motor vehicles. It is unlawful to ride a bike under the influence of drugs, alcohol, or both. Violating this section of the California Code could result in a $250 fine and additional penalties.

If there is a bicycle lane and the rider is traveling at a slower speed than nearby traffic, they must use it. However, they can leave the bike lane if:

  • They are preparing to turn left at a driveway, private road, or intersection
  • They are passing another bicyclist, pedestrian, or vehicle in the lane
  • They are approaching an authorized right-hand turn
  • It becomes necessary to avoid hazardous conditions, such as debris

 

If there isn’t a designated bike lane, riders must stay as close to the edge of the road or right-hand curb as possible, unless they are:

  • Preparing for a left-hand turn at a private road, driveway, or intersection
  • Passing a bicyclist or driver traveling in the same direction
  • Trying to avoid conditions, such as vehicles, fixed or moving objects, animals, and other hazards
  • Approaching an authorized right turn

 

No one is allowed to park their bike on a sidewalk or leave it lying on its side in a way that blocks pedestrian traffic.

California law requires anyone under 18 years old to wear a helmet while riding a bicycle. The helmet should fit properly and meet the standards set by the United States Consumer Product Safety Commission or the American Society for Testing and Materials.

Causes of Bike Accidents

Despite bicycle lanes being available in some areas to help riders stay separated from cars, there often isn’t a divider or barrier to protect them from passing drivers. Someone could swerve into the lane to avoid a pothole or drift over while looking down at their cell phone.

Motorists have a hard time seeing bikers since they’re much smaller than vehicles. Many don’t even pay attention to bicyclists because they’re focusing on the cars around them. Errors and inattention can lead to severe collisions, causing injuries and even death to riders.

The most common causes of bicycle accidents include:

  • Dooring – After parking, the driver should look behind them before opening their door. If they don’t, they could open the door into the path of an approaching bicyclist.
  • Turning right without yielding – Turning right at a red light requires coming to a complete stop and proceeding when it’s safe. However, a motorist might roll through the light and crash into a bicyclist already crossing the road.
  • Failing to check blind spots – Lane changes can be hazardous to bikers sharing the road with vehicles. Some motorists will merge into another lane without checking their blind spots for other cars and bicyclists.
  • Turning left without enough space – People can make left-hand turns at green lights if oncoming traffic is far enough away to avoid a collision. However, a driver trying to turn ahead of a nearby biker could end up directly in their path.
  • Distracted driving – Distractions come in many forms. Anything that directs a driver’s attention to something other than driving can result in an accident with a biker.
  • Tailgating – Following a bicyclist too closely prevents the motorist from having enough space to stop when necessary. Crashing into the back of a rider could launch them from their bike.
  • Avoiding road hazards – Sometimes, swerving to avoid hitting a branch in the road, pothole, or another dangerous condition is necessary. However, drivers should also know what’s in their vicinity, so they don’t swerve into a bicyclist.

 

If someone else’s actions caused the accident you were in, they should be financially responsible for your medical bills, lost wages, and other expenses. You should not be forced to pay for any of the costs associated with your injury if they were entirely at fault.

Common Injuries Suffered in Bike Accidents

Bicyclists can sustain life-threatening injuries in accidents with cars or trucks. The most common include:

  • Paralysis
  • Broken bones
  • Concussion or traumatic brain injury
  • Psychological harm
  • Loss of limb
  • Permanent disability
  • Internal bleeding
  • Spinal cord damage
  • Back injuries
  • Deep lacerations
  • Disfigurement

 

Some injuries bicyclists suffer in accidents result in permanent damage. Many victims need continuous treatment and might require assistance performing routine tasks for the rest of their lives. The burden you face can be overwhelming and lead to lifelong physical and emotional struggles.

Compensation for Bike Accident Injuries

California’s fault system allows accident victims to seek compensation from the at-fault driver’s insurance company. You are eligible to file a car insurance claim even though you weren’t injured while driving or riding in a motor vehicle.

State law requires all vehicle owners and operators to carry car insurance with minimum limits of liability. The settlement you receive will depend on the amount of liability coverage on the at-fault driver’s policy and could compensate you for the losses you suffered, such as:

  • Emotional distress
  • Pain and suffering
  • Medical bills
  • Personal property damage
  • Lost wages
  • Lost earning capacity
  • Physical impairment or disfigurement
  • Loss of enjoyment of life

 

You can also seek compensation for these losses in a lawsuit. Additionally, you may be able to pursue exemplary damages from the defendant. This punishes them for their actions instead of compensating for your losses.

National and Alameda County Bike Accident Statistics

Unfortunately, it’s common for bikers to die in accidents. In 2019, 843 bicyclists were killed in motor vehicle-related crashes. Most injuries resulting in death were from a severe head injury. Only 15 percent of the fatalities were bikers wearing a helmet, while 62 percent were not. The highest number of deaths occurred between 6 p.m. and 9 p.m., the time of day when there’s heavy traffic due to rush hour, and it starts getting dark.

The same year in Alameda County, 2,954 bicycle accidents happened, causing 22 biker fatalities.

Contact a Dedicated Fremont Bicycle Accident Attorney

OnderLaw has fought on behalf of our clients for many years. We believe individuals wronged by others deserve the chance to hold these people accountable for their actions. You should not suffer the consequences of another person’s negligent behavior. Our team can help you build a solid case and try to recover the compensation you deserve.

We know the economic burden of treating injuries after a bicycle accident and paying for legal services. We don’t want to cause additional strain on your finances. That’s why we take bicycle accident cases on a contingency fee basis. You won’t owe us our legal fees and costs unless we secure compensation for you. If we lose your case, you won’t have to pay.

At OnderLaw , we have a proven record of success and strive to maintain our stellar reputation. Many legal organizations and the media have recognized us for our hard work and case results. We treat every client as a priority and provide the ongoing support necessary for you to make it through this traumatic experience. You can depend on our team to remain in your corner until the end.

If you suffered injuries in a bicycle accident due to someone’s negligence or carelessness, call OnderLaw for a free consultation with one of our experienced and compassionate Fremont bicycle accident attorneys.