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Bicycle Accident Attorney in Clovis

Law Firm Helping Pursue Compensation After a Bicycle Accident

California law recognizes the vulnerability of bicyclists and provides specific legal protections to ensure their safety on the road. Despite these legal safeguards, many drivers fail to observe or respect the rights of cyclists, which often leads to devastating collisions. Understanding the responsibilities that both cyclists and motorists must follow is essential when seeking accountability after a crash.

Under California Vehicle Code § 21200, bicyclists are granted the same rights and responsibilities as motor vehicle drivers. This means they are entitled to share the road, obey traffic signals, and ride with the flow of traffic. At the same time, drivers must exercise caution and respect toward bicyclists.

Additionally, California Vehicle Code § 21760 (also known as the Three Feet for Safety Act) requires drivers to maintain a minimum distance of three feet when passing a bicyclist. If that buffer is not possible, the driver must slow down to a safe and reasonable speed before attempting to overtake. Violations of these codes not only endanger cyclists but also serve as critical evidence in personal injury claims after a bicycle accident.

In Clovis, where cycling is popular along trails like the Dry Creek Trail and roadways near Old Town, the mix of motor vehicles and bicycles creates daily risk. Knowing your rights as a cyclist under California law helps you pursue compensation if a driver breaches their duty of care.

Types of Bicycle Accidents We Handle

Cyclists in Clovis encounter a wide range of hazards, from careless drivers to unsafe infrastructure. Bicycle accidents can occur in high-traffic intersections, residential neighborhoods, or along designated bike lanes. Each accident scenario presents different liability factors and injury outcomes.

Our firm handles a broad spectrum of bicycle accident cases, each with its challenges and causes:

  • Dooring Accidents: A “dooring” accident occurs when a driver or passenger opens a vehicle door directly into the path of a cyclist. Common along Clovis’s older commercial districts and downtown parking areas, dooring can cause the cyclist to flip over the door or swerve dangerously into traffic.
  • Failure to Yield: Drivers turning left across oncoming bicycle traffic or pulling out of driveways without looking often strike cyclists who have the right of way. These collisions frequently occur at intersections like Herndon and Clovis Avenue, where vehicle traffic intersects with high cycling activity.
  • Bike Lane Encroachments: Motorists sometimes drift into designated bike lanes or use them as turning lanes. These illegal intrusions put cyclists at immediate risk, particularly on streets like Fowler Avenue, where bike lanes run adjacent to heavy traffic.
  • Rear-End Collisions: When drivers fail to see or respond to a cyclist in time, they may strike them from behind. This often happens during low-light conditions or when drivers are distracted, such as near the Sierra Vista Mall or along heavily trafficked school routes.
  • Visibility-Related Accidents: Even in well-lit areas, drivers may claim they “didn’t see” a cyclist, especially if the cyclist is riding at dusk or dawn. Visibility issues are often cited as a contributing factor in nighttime collisions on rural routes leading out of Clovis.

Every type of accident presents unique legal and factual challenges. Thoroughly investigating the scene and identifying the specific nature of the incident is essential in determining liability.

Injuries and Long-Term Consequences for Cyclists

In a collision between a motor vehicle and a bicycle, the cyclist is at greater risk of sustaining more severe injuries. Even with a helmet and safety gear, the human body is no match for the force of a moving vehicle. The physical, emotional, and financial toll of a bicycle accident can linger for years, especially when the injuries are catastrophic.

Common injuries from bicycle accidents include the following, each with long-term consequences:

  • Traumatic Brain Injuries (TBIs): Even a mild concussion can cause an impact to memory, emotional stability, and cognitive function. More severe TBIs can result in permanent disability, loss of independence, and the need for round-the-clock care.
  • Spinal Cord Damage: Injuries to the spinal cord can lead to partial or complete paralysis, affecting not only mobility but also bladder, bowel, and sexual function. These injuries often require lifelong rehabilitation and the use of assistive technology.
  • Fractures and Broken Bones: Cyclists often suffer broken wrists, collarbones, ribs, or legs during impact or while trying to break a fall. These fractures may require surgery, physical therapy, and months of lost income due to recovery.
  • Facial and Dental Injuries: In the absence of airbags or a windshield, cyclists are vulnerable to facial trauma, including broken jaws, lost teeth, and severe lacerations. These injuries can be painful, disfiguring, and emotionally traumatic.
  • Psychological Trauma: Beyond the physical injuries, cyclists often experience post-traumatic stress, anxiety, and depression after a serious crash. The fear of riding again or navigating traffic can be a long-lasting one.

Understanding the extent of these injuries is crucial for evaluating the true cost of a bicycle accident. Compensation should account not just for emergency care, but also for long-term treatment, therapy, and reduced quality of life.

Investigating the Scene and Proving Fault

Proving fault in a bicycle accident requires a detailed and prompt investigation. While the facts may seem obvious to the injured cyclist, insurance companies often challenge claims or downplay the severity of the driver’s negligence. Gathering credible evidence is critical for building a strong case and ensuring the responsible party is held accountable.

Several key tools and sources of evidence can strengthen a bicycle accident claim:

  • Eyewitness Statements: Testimony from bystanders, other cyclists, or nearby drivers can corroborate your account of the incident. Prompt interviews are crucial before memories fade or witnesses become unavailable.
  • Helmet Use and Protective Gear: While helmet use is not required for adults in California, showing that you took safety precautions can help refute arguments that you contributed to your injuries.
  • GoPro or Action Camera Footage: Cyclists are increasingly using handlebar- or helmet-mounted cameras to document their rides. This footage can capture the moments leading up to and during a crash, providing clear, real-time evidence.
  • Traffic Camera and Surveillance Footage: Intersections and storefronts may have video footage that captured the crash. Prompt requests to preserve this data can uncover vital visual evidence.
  • Accident Reconstruction: In complex cases, experts can analyze skid marks, vehicle damage, impact points, and road conditions to create a forensic model of the crash. This analysis is especially useful in disputed liability scenarios.

Preserving and presenting this evidence effectively can be the difference between a denied claim and a successful settlement or court verdict.

Compensation You May Be Entitled To

Cyclists injured in traffic accidents may be eligible to recover significant damages depending on the severity of their injuries, the clarity of liability, and the lasting impact on their lives. Because many injuries involve extended recovery periods or permanent functional changes, it is crucial to seek full compensation that reflects both current and future needs.

Potential areas of compensation in a bicycle accident case include:

  • Medical Expenses: This includes ambulance fees, hospital stays, surgeries, medications, follow-up visits, and any assistive devices, such as wheelchairs or braces. Future medical costs for continued care, therapy, and surgeries should also be calculated.
  • Lost Wages and Earning Capacity: If your injuries prevent you from returning to work immediately or permanently affect your ability to earn a living, you may be entitled to compensation for past lost wages and projected future earnings.
  • Pain and Suffering: This non-economic damage accounts for the physical pain and emotional distress caused by the accident. Severe injuries with long recoveries or permanent impairments usually result in higher pain and suffering damages.
  • Property Damage: Compensation can cover the cost of repairing or replacing your bicycle, helmet, clothing, or any personal items damaged during the crash.
  • Loss of Enjoyment of Life: If your injuries prevent you from engaging in fun activities such as cycling, sports, or spending time with family, this loss may be compensable.

A skilled attorney can help identify all categories of recoverable damages and build a case that accurately reflects the harm done. Accepting an early offer from an insurance company often means receiving less than what you truly need to recover from an injury.

Bicycle Accidents FAQ

Who is liable if a driver hits a cyclist in California?

Liability generally falls on the driver if they violated traffic laws or failed to exercise reasonable care. Such violations include behaviors like distracted driving, speeding, failing to yield, or encroaching on a bike lane. Liability can be shared in some cases, depending on the circumstances.

What if I were cycling without a helmet?

In California, helmets are required for riders under 18. If you are over 18 and not wearing a helmet, this may not prevent you from recovering damages, though it could influence the outcome if the defendant argues your injuries were worsened by a lack of protective gear.

Can I recover damages if I was partially at fault?

Yes. California follows a pure comparative negligence rule, meaning that your percentage of fault may reduce your compensation, but not eliminate it. If you were 20% at fault, your recovery would be reduced by 20%.

Should I talk to the driver’s insurance company?

Not without legal counsel. Insurance adjusters may try to obtain statements that minimize your claim or assign you undue blame. Having an attorney handle all communications to protect your interests is safer.

What evidence do I need to preserve?

Preserve all physical evidence, such as your damaged bicycle and helmet. Take photos of the scene, injuries, and the vehicle involved. Request copies of the police report, medical records, and any video footage. Contact eyewitnesses promptly to obtain statements while the details are still fresh.

Start Your Recovery with Tomassian, Pimentel & Shapazian

The road to recovery after a bicycle accident in Clovis is rarely straightforward. Between managing medical appointments, financial uncertainty, and emotional trauma, it’s easy to feel overwhelmed. The attorneys at Tomassian, Pimentel & Shapazian are here to support your recovery by guiding you through the legal process and protecting your rights at every step. We handle the legal issues so you can focus on healing.

Call (559) 545-0383 today and take the first step toward rebuilding your life.