San Diego Bicycle Accident Lawyers
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FREE CASE EVALUATIONSan Diego offers numerous opportunities for cycling enthusiasts, with its extensive network of bike paths and lanes. However, too many motorists are still unaccustomed to sharing the road with bicycles, leading to serious and often fatal accidents. If you or a loved one has been injured in a bicycle accident, it’s crucial to have an experienced San Diego bicycle accident lawyer on your side. At Phillips & Pelly, our team is dedicated to holding negligent drivers accountable and securing justice for our clients.
Bicycle Accident Risks and High-Risk Locations in San Diego
San Diego consistently ranks among California’s most active cities for cycling—and, unfortunately, for bicycle accidents as well. According to the California Office of Traffic Safety (OTS), in 2022 there were 426 bicyclists killed or injured in San Diego County crashes. (OTS San Diego County Rankings)
Several city streets and intersections are especially hazardous for cyclists, including:
- University Avenue
- El Cajon Boulevard
- Friars Road
- Mission Bay Drive
- Downtown corridors such as Broadway and Pacific Highway
Local traffic safety reports and Vision Zero San Diego identify these areas as having a higher frequency of bicycle collisions, particularly during peak commuting hours and near major transit hubs. Poorly marked bike lanes, distracted drivers, and high vehicle speeds are common contributing factors.
By focusing on these local risk areas and the underlying causes, our attorneys are better equipped to investigate accident scenes, prove liability, and advocate for safer cycling infrastructure throughout San Diego.
California Bicycle Helmet Laws and Their Impact on Claims
California Bicycle Helmet Laws and Their Impact on Claims
California law requires all bicyclists under the age of 18 to wear a helmet while riding. While adults are not legally required to wear helmets, wearing one significantly reduces the risk of head injuries in the event of a crash.
What if I Wasn’t Wearing a Helmet?
If you were not wearing a helmet at the time of your accident, you can still pursue compensation for your injuries. However, insurance companies may argue that the lack of a helmet contributed to your injuries—a legal concept known as comparative fault. In California, your compensation could be reduced if it is determined that not wearing a helmet made your injuries worse, but it does not bar you from recovering damages.
For more, see California Vehicle Code § 21212
Dealing With Uninsured or Underinsured Drivers
Unfortunately, many bicycle accidents involve drivers who lack adequate insurance coverage. If you are hit by an uninsured or underinsured driver, you may still have options. Your own auto policy (if you have one) may include uninsured/underinsured motorist coverage, which can be used to help cover your losses. Our attorneys can review your policy, identify all potential sources of recovery, and pursue every available avenue for compensation.
Comparative Fault: Can I Recover Compensation if I Was Partially At Fault?
California uses a pure comparative fault system. This means that if you are found partially responsible for your accident—whether for not wearing a helmet, not using a bike lane, or failing to signal—you can still recover damages, but your award may be reduced by your percentage of fault. Proving the driver’s negligence remains central to a successful claim, and our legal team is skilled at minimizing any attempts to shift blame onto our clients.
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Legal Representation for San Diego Bicycle Accidents
At Phillips & Pelly, we believe in holding negligent parties accountable for their actions. Our San Diego bicycle accident attorneys are committed to identifying all possible defendants, which can include:
- Motor vehicle manufacturers for unsafe auto design.
- Helmet manufacturers for product defects.
- State or local transportation agencies for unsafe road design.
- Highway construction companies for negligent maintenance.
- Commercial property owners for unsafe conditions.
We also have extensive experience helping bicyclists injured in hit-and-run accidents. Our personal injury lawyers are dedicated to securing maximum physical and financial recovery for our clients.
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Contact Phillips & Pelly for a Free Case Review
Our team at Phillips & Pelly is dedicated to providing expert legal representation for bicycle accident victims in San Diego. With our extensive experience and commitment to client success, we are the right choice to help you navigate your injury claim and secure the compensation you deserve.
Call or email us now for a free case evaluation with one of our experienced bike accident injury attorneys in San Diego.
Frequently Asked Questions About Bicycle Accidents in California
What should I do immediately after a bicycle accident in San Diego?
After a bicycle accident in California, prioritize your safety and health. Move to a safe location if possible and call 911 for medical assistance and to report the accident. Gather evidence by taking photos of the scene, your injuries, and any damages to your bike. Exchange contact and insurance information with the involved parties and get contact details of any witnesses. It’s crucial to seek medical attention even if you feel fine, as some injuries may not be immediately apparent. Finally, contact an experienced San Diego bicycle accident lawyer to discuss your case and protect your rights.
Can I still recover compensation if I was partially at fault for the bicycle accident?
Yes, may still be able to recover compensation even if you were partially at fault for the bicycle accident in California. The state follows a comparative negligence rule, which means your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% at fault for the accident, your compensation would be reduced by 20%. It’s important to consult with a knowledgeable San Diego bicycle accident attorney who can help you navigate this process and ensure you receive fair compensation despite any partial fault.
What types of compensation can I receive after a bicycle accident?
After a bicycle accident, you may be entitled to various types of compensation. This can include medical expenses for both current and future treatments, lost wages if your injuries prevent you from working, and compensation for pain and suffering. Additionally, you can claim for property damage to your bicycle and other personal items. In some cases, you might also be eligible for punitive damages if the at-fault party’s conduct was particularly reckless. Consulting with an experienced San Diego bicycle accident lawyer will help ensure you pursue all applicable types of compensation for your specific case.
What is your “No Fee Until We Win Guarantee”?
In a nutshell, our Clients are not responsible for attorney fees until we recover money on their behalf. Once a case settles, our fees are simply deducted from the settlement amount. Guaranteed. We believe that every Client deserves strong representation regardless of their financial circumstances. By basing attorney fees on a percentage of money recovered, we are able to offer every Client with a valid claim, the very best representation possible.
Am I eligible for compensation if I wasn’t wearing a helmet during my accident?
Yes. In California, adults are not required by law to wear a helmet while cycling. Even if you were not wearing a helmet, you can pursue a claim for injuries. However, insurance companies may argue that not wearing a helmet contributed to the severity of head injuries, which could affect your compensation.
What if the driver who hit me did not have insurance?
If you are involved in a collision with an uninsured or underinsured driver, you may still be able to recover damages through your own uninsured/underinsured motorist coverage or other sources. An attorney can help identify and pursue all available avenues for compensation.
How long do I have to file a bicycle accident claim in California?
The statute of limitations for most personal injury cases in California is two years from the date of the accident. Claims involving government entities (such as unsafe road conditions maintained by the city or county) must be filed within six months. Contacting a lawyer as soon as possible helps ensure important deadlines are not missed.
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