Eisenberg Law Group

Los Angeles Bicycle
Accident Attorneys

Los Angeles Bicycle Accident Lawyer

Although bicycles are commonly used for recreation, transportation, and for exercise, bicycle accidents are both common and dangerous.  According to the National Highway Traffic Safety Administration, there were 857 bicyclists killed in traffic crashes in the United States in 2018.  Because bicycle accidents can be life-threatening, it is critical to understand the laws that apply to bicycle riders.

The attorneys at Eisenberg Law Group are bicycle riders themselves.  They are very familiar with the ins and outs of riding a bicycle on the streets of Los Angeles, and they know that drivers often fail to keep a proper look out for bicyclists.  Moreover, due to their own experiences riding bicycles and handling bicycle accident cases, the attorneys at Eisenberg Law Group understand the mechanics of bicycle accidents, the devastating injuries they can cause, and the best way to prepare and prove your bicycle accident case so that you get full and fair compensation.

What Do I Need to Know About California Bicycle Laws?

Bicyclists Have the Same Rights and Responsibilities as Drivers: A bicycle is treated the same as an automobile for the purposes of the California Vehicle Code.  California Vehicle Code § 21200(a)(a)(1) provides that a person riding a bicycle has all of the rights and is subject to all of the rules applicable to the driver of a vehicle.

Three Feet for Safety Act: the California Vehicle Code requires that the driver of a motor vehicle overtaking and passing a bicycle going in the same direction must do so at a safe distance that does not interfere with the safety of the bicyclist.  Further, a driver of a motor vehicle attempting to pass a bicycle in the same direction must maintain at least three feet between the vehicle and bicycle at all times.

Bicyclists Must Ride the Same Direction as Traffic: the California Vehicle Code requires that bicyclists and vehicles alike be driven on the right side of the road.

Bicyclists Must Ride in the Bike Lane When Possible: according to California Vehicle Code § 21208(a), a bicyclist must ride in the bicycle lane whenever there is one, except in the following situations:

  • When overtaking and passing another bicycle, vehicle, or pedestrian
  • When preparing for a left turn at an intersection or into a private road or driveway
  • When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions
  • When approaching a place where a right turn is authorized

Wear a Helmet if You are Under 18 Years Old: according to California Vehicle Code § 21212(a), a person under 18 years of age must wear a helmet when riding a bicycle.

Have Lights on Your Bicycle While Riding at Night: the California Vehicle Code provides that when you ride your bicycle at night, you must have the following:

  • A “lamp” emitting white light
  • A red reflector or a solid or flashing red light with a built-in reflector on the rear of the bicycle
  • A white or yellow reflector on each pedal, shoe, or ankle
  • A white or yellow reflector on each side forward of the center of the bicycle, and a white or red reflector on each side to the rear of the center of the bicycle
Bicyclists May or May Not be Allowed to Ride on the Sidewalk: California law allows local governments to put in place their own ordinances or rules regarding bicycles on sidewalks.  Therefore, each city, county, or municipality may have a different ordinance or rule permitting or prohibiting bicyclists to ride on the sidewalk.

Am I at Fault if I Didn’t Follow All of These Laws?

You are not automatically at fault if you are involved in a bicycle accident and didn’t follow each and every one of these laws.  As a bicycle rider, you will be held to the same negligence standard that a driver of an automobile is held to.  The question is, did you act as a reasonably careful person would have in the same or similar situation?If you did, then you will not be found at fault for the accident.  In order to see if you have a case, you should immediately call Eisenberg Law Group for a FREE, no obligation consultation.

What Causes Bicycle Accidents?

The following are common causes of bicycle accidents:

  • Potholes or other defects in the road
  • Distracted driving by another driveron the road
  • A driver failing to yield to the bicycle’s right-of-way
  • A driver running a stop sign and colliding with the bicycle
  • A driver running a red light and colliding with the bicycle
  • Sudden lane changes by cars, trucks, or buses that do not see the bicycle
  • Malfunctions or manufacturing defects with the bicycle itself

Common Bicycle Accident Injuries

  • Road rash (skin irritations, bruises, cuts and abrasions from the bicyclist making contact with the road)
  • Broken bones
  • Neck, back, wrist, hand, and shoulder injuries
  • Head trauma, including traumatic brain injuries, concussions and skull fractures
  • Partial or full paralysis
  • Loss of limbs

When Can You Take Legal Action?

In California, you are required to file a lawsuit within two years of the date that the bicycle accident occurred.  However, if you were injured by a government entity or anyone acting on behalf of a government entity, you are required to file a Claim for Damages within six months of the date of the accident.

What Kind of Damages Can I Recover in a Bicycle Accident Case?

Under California law, if you have been injured in a bicycle accident you can recover two different categories of damages: Economic Damages and Non-Economic Damages.

Economic Damages include the following:

  • Property damage (damage to your bicycle and personal belongings)
  • Loss of earnings (money lost due to time off from work)
  • Medical bills and expenses (past and future)
  • Medication expenses (past and future)
  • Expenses for medical equipment such as a wheelchair, cane, or brace
Non-Economic Damages include the following:
  • Physical pain
  • Mental suffering
  • Loss of enjoyment of life
  • Anxiety
  • Inconvenience
  • Grief
  • Humiliation
  • Emotional distress

Under California law, if you have been injured in a bicycle accident, you are entitled to be compensated for each and every item of damage described above.  More importantly, you are entitled to recover both past and future non-economic damages.  At Eisenberg Law Group, we know how to maximize the value of each item of damage so that your recovery is as large as possible.

Don’t allow the insurance company to minimize your claim.  Make sure that you have an attorney that knows how to recover the maximum amount for each and every item of damage allowed under California law.

What Should I Do at the Scene of a Bicycle Accident?

In order to preserve critical evidence and prepare yourself to maximize your compensation after a bicycle accident, take the following steps:

  1. Make sure that everyone is ok.If anyone needs emergency medical attention, immediately call 9-1-1.
  2. Report the accident to the police and request that they prepare a Traffic Collision Report. Make sure to get the Traffic Collision Report number.
  3. Gather the information (names, driver’s licenses, insurance companies, insurance policy numbers, vehicle makes and models, and license plates) of all drivers and vehicles involved in the collision. Taking photographs of this information will work well.
  4. Gather the names and contact information (phone numbers, addresses, e-mail addresses) of any and all witnesses to the accident.
  5. Take photographs of the scene of the collision, including where the vehicles ended up, damage to the vehicles, the nearest intersection, and traffic control signals.
  6. Take photographs of your injuries.
  7. Call our office for a FREE, no obligation consultation.

Why Choose Eisenberg Law Group as Your Bicycle Accident Attorney?

At Eisenberg Law Group, we’ve been successfully practicing personal injury law for more than 30 years, including the handling of many bicycle accident cases. Gary started by working for insurance companies, which gives him a unique insight into how the insurance industry operates.  At every step of the way, the insurance companies will try to minimize your claim and take money out of your pocket.  We use our unique experience and skills to maximize the value of your case and to ensure that you are fully and fairly compensated for your bicycle accident case.

When you choose Eisenberg Law Group as your Los Angelesbicycle accident attorneys, we will fight for you, employ effective strategies to prove your case, and get you maximum compensation for your claim.

When you work with Eisenberg Law Group, you will benefit from our emphasis on these fundamental cornerstones of our practice:

Personalized service: You can contact our attorneys directly at any time to discuss the details of your case. We will never route you to assistants or recorded messages. As a family-owned law firm, we combine the expertise and experience of larger firms with the friendly feel of a smaller law office.

Proven results: We have recovered millions of dollars in compensation for victims of catastrophic personal injuries, including traumatic brain injuries. Our team works hard to recover the maximum compensation available by law. Our success rates—both in and out of court—speak for themselves.

Risk-free representation: Consultations are always free, and you will not pay any attorney’s fees until we win your case

Don't Wait to Protect Yourself

If you’ve been involved in a bicycle accident that was no fault of your own, don’t let time slip away from you. It’s critical that you act quickly in securing quality representation. Contact Eisenberg Law Group today to get back on the path to physical and financial wellness, while helping to support your family members and anyone else who has been affected by the collision. You’ll pay nothing until we win your case.

 

FREE Case Evaluation