Fremont, CA Bicycle Accident Lawyers

Fremont is one of the better places in the East Bay to ride a bike, and one of the more dangerous places to get hit. The city has more than 150 miles of bike lanes and trails, the Alameda Creek Trail runs the width of it, and thousands of people ride to BART, to school and to work every day. They share the road with six lane arterials, freeway ramps and drivers who never expected to see a cyclist.

When a driver hits a cyclist, the cyclist loses. Our Fremont bicycle accident lawyers represent riders who were hit by cars, trucks and buses, and the families of riders who did not survive. GJEL has recovered more than $980 million for injured clients over more than 40 years, and we do not charge a fee unless we recover money for you.

Where cyclists get hurt in Fremont

Arterials with bike lanes next to fast traffic

Paseo Padre Parkway, Fremont Boulevard, Mowry Avenue, Stevenson Boulevard and Decoto Road all carry bike lanes beside traffic moving at 40 to 50 miles an hour. The crashes here are right hooks at driveways and intersections, drivers turning across the bike lane without looking, and doorings where cars park beside the lane. The Fremont Boulevard and Mowry Avenue intersection and the approaches to the Fremont BART station are regular sources of cases.

Mission Boulevard through Niles and Warm Springs

Mission Boulevard is a state highway, State Route 238, for most of its length. It has narrow shoulders, heavy truck traffic and a long history of cyclist and pedestrian injuries, particularly through the Niles district and south toward the I-680 connector.

Trail crossings

The Alameda Creek Trail and the Bay Trail are separated from traffic until they are not. Where trails cross Paseo Padre Parkway, Ardenwood Boulevard, Decoto Road and Isherwood Way, riders leaving a quiet path meet drivers who are not expecting them. The same problem exists at the Quarry Lakes and Coyote Hills access points.

Freeway interchanges

Cyclists have to cross the I-880 and I-680 ramps to get across town. Drivers accelerating onto a freeway or exiting at speed are looking for cars. The Auto Mall Parkway, Mission Boulevard and Thornton Avenue interchanges are the ones we see most.

California law is on the cyclist’s side

A bicycle is a vehicle under the California Vehicle Code, and a rider has the same rights to the road as a driver. Several rules matter in almost every Fremont bicycle accident claim:

• The Three Feet for Safety Act (Vehicle Code section 21760) requires drivers to leave at least three feet when passing a cyclist, or to slow down and pass only when it is safe.
• Right of way at intersections. A driver turning right across a bike lane, or left across an oncoming cyclist, has to yield. Most serious Fremont bike crashes are turning drivers who did not.
• The bike lane is the cyclist’s lane. Drivers may enter it only to park, to turn within the last 200 feet, or to enter or leave the road, and only after yielding.
• Dooring is the driver’s fault under Vehicle Code section 22517. Opening a door into traffic without checking is negligence.
• Helmets are required for riders under 18. An adult who was not wearing one has not broken any law, and insurers who argue otherwise are bluffing. A missing helmet can affect the value of a head injury claim, and we deal with that argument directly.
• E-bikes in classes 1, 2 and 3 are treated as bicycles, not motor vehicles, with some added rules for class 3 riders. The same rights and the same protections apply.

California’s comparative fault rule means that even a cyclist who made a mistake can recover. The award is reduced by the rider’s share of the blame, not wiped out. Insurers know this and still open every bike claim by blaming the rider. Our job is to prove what actually happened.

Who pays when a Fremont cyclist is hit

The driver’s liability insurance is the first source, and California’s minimum limits are low. In a serious injury case we look further:

• The driver’s umbrella policy, and the employer’s policy if the driver was working, including delivery and rideshare drivers.
• Your own auto insurance. Uninsured and underinsured motorist coverage on a car you own applies when you are hit on a bike, and MedPay can cover early bills. Many riders do not know this.
• The public agency responsible for the road when a design defect, a missing sign, a broken signal or a dangerous trail crossing contributed. Claims against the City of Fremont, Alameda County, Caltrans or the East Bay Regional Park District must be filed within six months under Government Code section 911.2.
• A hit and run driver’s identity, which we pursue through camera footage, witnesses and police work. If the driver is never found, your own uninsured motorist coverage is the answer.

Injuries and what a Fremont bicycle accident claim covers

A cyclist has no crumple zone. The injuries we see in Fremont bike cases are head injuries and concussions, fractures of the collarbone, wrist, pelvis and legs, spinal injuries, facial and dental injuries, road rash that requires grafting, and internal injuries from handlebar impacts. Riders are usually taken to Washington Hospital on Mowry Avenue and, for the most serious injuries, on to a regional trauma center.

Your claim covers medical care past and future, lost wages and reduced earning capacity, the bike and equipment, and the pain, disability and lost quality of life the crash caused. When a rider suffers a brain injury the case is handled with our Fremont brain injury lawyers. When a rider is killed, the family’s claim is handled by our Fremont wrongful death lawyers; we have written about a cyclist killed in Fremont and the questions those cases raise. Our record in California bicycle cases shows what a properly built claim is worth.

What to do after a bicycle accident in Fremont

1. Get medical attention, even if you rode away. Concussions and internal injuries show up hours later, and a gap in treatment hurts your claim.
2. Call the police and make sure a report is written. Fremont Police handle city streets; the CHP handles the freeway ramps and Mission Boulevard where it is a state route.
3. Get the driver’s name, license, plate and insurance, and the names of witnesses. Photograph the scene, the car, your bike and your injuries.
4. Keep the bike, the helmet and your clothing exactly as they are. They are evidence.
5. Do not give a recorded statement to the driver’s insurer and do not accept a quick offer for the bike. Once you settle, the injury claim is gone too.
6. Call a Fremont bicycle accident lawyer while camera footage from nearby businesses and traffic signals still exists. It is often overwritten within days.

How our Fremont bicycle accident lawyers build your case

We start with the physical evidence: the police report, the bike, the car’s damage pattern and event data recorder, camera footage and the scene itself. We retain reconstruction experts when fault is disputed, which in a bicycle case is almost always. We document the injury with your treating doctors and, where the injury is lasting, with life care planners and vocational experts. We identify every policy that applies, including your own. And we prepare the case for an Alameda County jury, because that is what makes insurers pay full value.

Our lawyers ride too. We know the difference between a rider who was in the lane legally and an insurer’s story about a cyclist who “came out of nowhere,” and we know how to prove it.

Why Fremont cyclists choose GJEL

GJEL Accident Attorneys has represented injured cyclists across Northern California since 1972, has recovered more than $980 million for clients with a 99 percent success rate, and is recognized by Best Lawyers in America and Super Lawyers. Managing partner Andy Gillin has tried bicycle cases against drivers, employers and public agencies. Our Fremont office at 39159 Paseo Padre Parkway serves Fremont, Newark, Union City and the rest of southern Alameda County.

Related Fremont practice areas: Fremont car accident and personal injury lawyers, Fremont scooter accident lawyers and Fremont motorcycle accident lawyers. For the statewide view, see our California bicycle accident lawyers page.

Fremont bicycle accident questions riders ask us

I was not wearing a helmet. Do I still have a case?

Yes. Adults are not required to wear helmets in California. The insurer may argue a helmet would have reduced a head injury, and we answer that with medical evidence. It does not affect fault for the crash itself.

The driver left the scene. What now?

Report it to the police immediately and call us. We pursue camera footage and witnesses to identify the driver. If the driver is never found, the uninsured motorist coverage on your own auto policy, or a household member’s policy, usually covers your injuries.

How long do I have to file a bicycle accident claim in Fremont?

Two years from the crash for a claim against a driver. Six months to file a government claim if the City of Fremont, Alameda County, Caltrans or a park district shares the blame for the road or trail. Evidence disappears far sooner than either deadline.

How much does a Fremont bicycle accident lawyer cost?

Nothing up front and nothing unless we recover money for you. The fee is a percentage of the recovery, agreed in writing, and we advance all case costs.

Talk to a Fremont bicycle accident lawyer today

Call (510) 794-9441 or send us a message. A GJEL lawyer will review your crash for free, explain your options and start securing the evidence. Available 24 hours a day.