Bicycling can be an affordable and convenient way to travel throughout Stockton, but cyclists have little protection when they are struck by a car, pickup truck, or commercial vehicle. Even a relatively low-speed collision can cause broken bones, traumatic brain injuries, spinal injuries, or other injuries requiring extensive medical care. If another person's negligence caused your bicycle accident, you may have the right to seek compensation for your injuries and financial losses.
At Frank Penney Injury Lawyers, our firm represents injured victims throughout Stockton and San Joaquin County and our team of attorneys are committed to help you through your accident. With over 30 years of experience and over $1 billion recovered on behalf of our clients, our bike accident lawyers will guide you through the legal process to ensure you get the legal representation you deserve.
Contact our firm at 888-888-0566 or by filling out our online contact form today for a free consultation.
Why Are Bicycle Accidents a Concern in Stockton?
Stockton has been working to improve its bicycle infrastructure, but cyclists still regularly share roads and intersections with motor vehicles. As a way to better understand the main causes of bike accidents, the city conducted its own traffic safety analysis and identified several concerns involving bicycle collisions.
According to Stockton's Systemic Safety Analysis Report, bicycle collisions accounted for approximately 3% of reported collisions but 4% of fatal and severe injury collisions at signalized intersections and 10% at unsignalized intersections. The report also noted concerns involving unprotected bicycle lanes, missing dedicated bicycle facilities, and wrong-way riding, which means most of Stockton’s bicycle accidents are caused by negligence and a lack of safety measures.
What Are the Most Common Causes of Bicycle Accidents?
As per the city’s safety analysis report, many bicycle collisions happen because a motorist fails to notice a cyclist or properly account for the cyclist's right to use the roadway. Some of the most common causes may include:
Unsafe passing: A driver passes too closely to a cyclist.
Failure to yield: A driver turns or enters an intersection without yielding to a bicycle with the right-of-way.
Distracted driving: A motorist is looking at a phone, navigation system, or another distraction.
Speeding: Excessive speed gives drivers less time to react to cyclists.
Unsafe right turns: A driver turns across a bicycle lane or cyclist's path.
Unsafe left turns: A motorist turns in front of an approaching cyclist.
Dooring accidents: Someone opens a parked vehicle's door into a cyclist's path.
Impaired driving: Alcohol or drugs reduce a driver's ability to recognize and respond to cyclists.
Where Can Bicycle Accidents Happen in Stockton?
While bicycle accidents can happen anywhere cyclists and motor vehicles interact, but intersections, commercial corridors, driveways, and streets without protected bicycle infrastructure are some of the most common areas.
For example, Lincoln Street, Park Street, Oak Street, and Sonora Street are all areas that experience high bicycle accident rates, because there is not enough infrastructure that reduces the chances of an accident from occurring.
Do Drivers Have to Give Bicyclists Three Feet of Space in California?
Drivers do have to give bicyclists at least three feet of space in California as per California Vehicle Code § 21760, or commonly known as the Three Feet for Safety Act. Under this law, it prohibits motorists from passing a bicycle traveling in the same direction with less than three feet between the vehicle and bicycle or rider.
If the roadway or traffic conditions prevent the driver from providing three feet of clearance, the driver must slow down to a reasonable and prudent speed and may only pass when doing so would not endanger the cyclist. Any violation of this law can become important evidence when determining whether an unsafe passing maneuver contributed to a Stockton bicycle accident.
Do Bicyclists Have the Same Rights as Drivers in California?
In many situations, bicyclists do have the same rights as drivers, because under California Vehicle Code § 21200, bicyclists riding on highways generally have the same rights and are subject to many of the same traffic laws as motorists. However, California Vehicle Code § 21202 does require cyclists to travel slower than surrounding traffic and to ride as close as practicable to the right-hand curb or roadway edge.
These laws acknowledge how bicyclists deserve the same rights as anyone else and are designed to ensure that a driver or insurance company cannot automatically assume that a cyclist was at fault simply because the cyclist was riding farther into the traffic lane.
What if a Bicyclist Was Partially Responsible for the Accident?
Being partially responsible for a bicycle accident does not necessarily prevent an injured cyclist from recovering compensation. California follows a pure comparative negligence system, which means compensation will be reduced according to the injured person's percentage of responsibility.
For example, suppose a cyclist suffers $200,000 in damages but is found 20% responsible for the collision. The cyclist's potential recovery would be reduced by that percentage, leaving them with $160,000 before considering other legal or insurance issues.
However, because of the state’s stance on disputed liability, insurance companies may attempt to place additional blame on cyclists by arguing that they were riding outside a bicycle lane, traveling too quickly, riding against traffic, failing to use required lighting, or otherwise contributing to the collision. Those allegations should be evaluated against the actual evidence and applicable California bicycle laws rather than automatically accepted.
Does Not Wearing a Helmet Prevent You From Filing a Bicycle Accident Claim?
California does not impose a universal bicycle helmet requirement on every adult riding a traditional bicycle. However, California Vehicle Code § 21212 does require riders under 18 to wear a properly fitted and fastened bicycle helmet when riding on streets, bikeways, and public bicycle paths or trails.
Furthermore, a helmet dispute may still arise in an injury claim, particularly when the cyclist suffers a head injury. However, whether helmet use affects liability or damages depends on the facts of the case, the injuries involved, causation, and the evidence presented, but one thing is for certain, not wearing a helmet does not automatically make the cyclist responsible for the collision itself.
What Compensation Can I Recover After a Stockton Bicycle Accident?
An injured cyclist may be able to pursue compensation for both the financial and personal effects of the accident. Depending on the circumstances, recoverable damages may include:
Medical expenses: Emergency transportation, hospital treatment, surgery, diagnostic testing, medication, physical therapy, rehabilitation, and future medical treatment.
Lost wages: Income lost while recovering from the accident.
Loss of future earning capacity: Compensation may be available when long-term injuries reduce the person's ability to work or earn income.
Property damage: Repair or replacement costs for a damaged bicycle, helmet, phone, cycling equipment, clothing, or other property.
Pain and suffering: Compensation may account for physical pain, emotional distress, inconvenience, and the effect of the injuries on daily life.
Future damages: Serious injuries may create long-term medical costs, disability, or other losses extending years beyond the accident.
Despite what some insurance adjusters may say, the value of a bicycle accident claim depends on the severity of the injuries, available insurance coverage, liability evidence, treatment requirements, lost income, long-term prognosis, and other case-specific factors.
What Should You Do After a Bicycle Accident in Stockton?
The actions taken immediately after a crash can affect both a cyclist's health and their ability to document a future injury claim. With that in mind, it is important to try to take the following actions:
Call 911- Request emergency assistance and report the collision.
Get medical treatment- Some injuries, particularly concussions and internal injuries, may not be immediately obvious.
Document the accident scene- Photograph the vehicle, bicycle, roadway, intersection, traffic signals, skid marks, debris, injuries, and surrounding area.
Get the driver's information- Obtain the driver's name, contact information, license information, insurance details, and vehicle information.
Preserve your bicycle and equipment- A damaged bicycle, helmet, clothing, lights, or other equipment may become evidence.
Look for cameras- Nearby homes, businesses, intersections, buses, or vehicles may have captured the collision.
Avoid giving unnecessary recorded statements- Insurance adjusters may ask questions designed to evaluate or challenge liability.
Keep records of your losses- Save medical bills, receipts, wage records, photographs, and other accident-related documents.
Consider speaking with a Stockton bicycle accident lawyer- An attorney can help preserve evidence and determine which insurance policies or responsible parties may apply.
How Long Do You Have to File a Bicycle Accident Claim in Stockton?
Under California Code of Civil Procedure § 335.1, an injured bicyclist has up to two years to file a personal injury claim for any injury or death that was caused by another person's wrongful act or negligence.
However, if a dangerous road condition or another government-related issue potentially makes the City of Stockton, San Joaquin County, Caltrans responsible, California Government Code § 911.2 requires a claim involving personal injury to be presented within six months after the cause of action accrues. Any failure to file a claim within their respective deadlines will automatically lose their right to file a claim and recover compensation for their damages.
How Can a Stockton Bicycle Accident Lawyer Help?
Bicycle accident claims can become complicated when a driver disputes fault or an insurance company argues that the cyclist contributed to the crash. A Stockton bicycle accident lawyer can investigate the circumstances surrounding the collision and help determine what evidence supports the claim. For instance, an experienced attorney may:
Investigate the accident scene
Obtain police and collision reports
Search for available surveillance or traffic camera footage
Interview witnesses
Review applicable California bicycle and traffic laws
Analyze vehicle and bicycle damage
Determine whether multiple parties share liability
Identify applicable insurance policies
Communicate with insurance adjusters
Negotiate for a settlement
File a lawsuit when appropriate
For serious accidents, attorneys may also work with accident reconstruction specialists, medical professionals, economists, vocational experts, or other specialists to evaluate how the collision happened and calculate long-term losses. While it is not mandatory to hire an attorney, it is recommended to do so especially if you are unfamiliar with the legal process.
Injured While Riding a Bicycle? Speak With a Stockton Bicycle Accident Lawyer
A bicycle accident can leave an injured cyclist facing medical treatment, time away from work, property damage, and uncertainty about who will pay for those losses. When another driver's negligence caused the collision, a Stockton personal injury lawyer can investigate the collision and help pursue the compensation you deserve.
At Frank Penney Injury Lawyers, our team of accident lawyers understand how impactful bike accidents are and are committed to help injury victims through the legal process. By hiring our team to represent your case, you can rest easy knowing your case is being handled with the utmost care and respect that it deserves.
Contact our firm at 888-888-0566 or by filling out our online contact form today for a free consultation.