Biked on the sidewalk and got hit in a bike accident? You may still have a case. This article clarifies your rights and how to pursue compensation, even with a citation. Contact GJEL for a free consultation.
California Bicycle Accident on Sidewalk: Injured & Not Sure Who’s at Fault? (GJEL Accident Attorneys)
- Hit by a Car While Riding Your Bike on the Sidewalk in a Bike Accident?
- Legal Rights & Recovering Compensation After a Bike Accident.
- Free Consultation: Protect Yourself with a Knowledgeable Attorney.
Read the full article for a California personal injury attorney’s explanation of your rights after a bicycle accident on the sidewalk. Learn why police citations don’t determine fault and how GJEL Accident Attorneys can help you recover compensation after a bike accident.
This comes up a lot. Theoretically, you’re not supposed to ride your bike on the sidewalk. However, that’s not the end of the story. A lot of times, the safest place to ride your bike is on the sidewalk. There may be no other safe place to ride it. And, even if the police officer gives you a ticket for riding your bike on the sidewalk, that doesn’t mean that you’re at fault for the bike accident.
You can violate a technical law and still be doing exactly the right thing. I’ve had many clients come to me, turned down by other lawyers because the police report says “Well it’s your fault for riding on the sidewalk,” but that’s a mistake the police officers make. Just because there’s a technical violation, doesn’t mean the other person has the right to cut in front of you in a driveway or anything like that.
Even if you were technically violating a local ordinance by riding on the sidewalk, that doesn’t automatically absolve a driver of their responsibility to exercise reasonable care. Drivers must yield to pedestrians and other sidewalk users, including cyclists, before entering or crossing a sidewalk.
A driver who fails to do so and causes a bike accident can be held liable for your injuries, regardless of whether you were cited for riding on the sidewalk. Proving negligence in these situations often requires a thorough investigation, including gathering witness statements, accident scene reconstruction, and potentially consulting with experts.
To recover compensation, you generally must prove the basic elements of negligence: the other party owed you a duty of care, they breached that duty, their conduct caused the crash, and you suffered damages such as medical bills, lost income, or pain and suffering. In sidewalk bicycle accident cases, that analysis often turns on who had the right of way, whether the driver or other party acted reasonably, and what conditions were present at the scene.
Whether it’s you on a bicycle, someone pushing a baby stroller, or even a kid running along the sidewalk, if a vehicle is not acting appropriately, they can be held liable. We understand you may have concerns about the cost of hiring an attorney. Don’t let a police citation discourage you from seeking legal help.
Police officers often focus on the immediate violation of traffic law, but they may not have the full picture of the bike accident circumstances. An experienced bike crash lawyer can thoroughly investigate the accident, gather evidence to support your claim, and fight for the compensation you deserve. At GJEL, we understand the complexities of these cases and can help you navigate the legal process.
Other Parties Who May Be Liable
In some sidewalk bike accident cases, the driver is not the only potentially responsible party. Depending on how the crash happened, liability could also involve a property owner, a city or other public entity, or even a product manufacturer.
For example, if a crash happened because of a dangerous sidewalk condition such as a major crack, lifted concrete, pothole, or intrusive tree roots, there may be a premises liability or dangerous condition claim. If faulty brakes or another mechanical defect caused or worsened the incident, a manufacturer or seller could also be investigated.
Local sidewalk riding rules also matter. In California, the rules can vary by city, so whether sidewalk riding was allowed may depend on the local ordinance where the accident happened. Even so, a local violation does not automatically decide civil liability, and fault must still be evaluated based on the full facts.
At GJEL, we work on a contingency fee basis, meaning you don’t pay us anything unless we recover compensation for you. This allows you to pursue justice without the added financial burden of upfront legal fees. We’re committed to helping injured cyclists get the legal representation they need, regardless of their financial situation.
If you’ve been injured in a bike accident on the sidewalk, you may be entitled to recover compensation for a variety of damages, including medical expenses, lost wages, pain and suffering, and damage to your bicycle. These damages can help you cover the costs of your recovery and get your life back on track.
It is also important to understand that California follows comparative negligence rules. That means your compensation can be reduced if you are found partly responsible for the accident. For instance, if a court finds you shared some blame, your recovery may be reduced by that percentage rather than barred altogether.
Timing matters too. In many personal injury cases, you generally have two years to file suit. But if a government entity may be responsible for a dangerous sidewalk or poor maintenance, special claim deadlines can apply much sooner. Missing that deadline can seriously affect your right to recover compensation.
Contact GJEL today for a free consultation to discuss your specific situation and learn more about the types of compensation you may be eligible to receive.
Written by Andy Gillin. Last Updated 04/15/2024
