San Diego Bicycle Accident Lawyer

San Diego is well-known as a bicycle-friendly city. Unfortunately, as more people have turned to cycling, bicycle accidents have steadily ticked up. California has one of the highest bicyclist fatality rates, with hundreds of accidents involving bicyclists and vehicles every year. In a crash, bicyclists have virtually no protection and face not only a higher risk of death but an increased likelihood of a catastrophic and life-changing injury. These injuries affect people of all ages in the San Diego area.

If you or a loved one has been seriously injured as a result of the negligence of another, contact a San Diego bicycle accident lawyer at Berman & Riedel, LLP today for a free case evaluation. We are aggressive in pursuing every bicycle accident case we take on and committed to serving our clients by providing the absolute highest quality legal representation available.

How Common Are Bicycle Accidents in San Diego?

California has one of the highest rates of bicyclist fatalities. Bike riders accounted for 3.7% of all traffic fatalities in the state in 2019.

Between 2019 and 2023, there were 3,695 bicycle accidents in San Diego County, according to TIMS. These accidents caused 50 deaths and 3,838 injuries, including 393 serious injuries (10.6%).

1,692 of these crashes happened in the City of San Diego, including 20 fatal accidents and 125 with severe injuries.

What Are the Top Causes of Bicycle Accidents in San Diego, CA?

Bicycle accidents, like traffic accidents, occur for many reasons, although negligence is usually at the heart of any crash. Bicyclists, motorists, and even pedestrians can contribute to a crash.

The most common causes of bicycle crashes in San Diego from 2019 to 2023 were:

• Improper turning: 19.1%
• Unsafe speed: 13.6%
• Auto right of way: 13.4%
• Traffic signals and signs: 9.9%
• Wrong side of the road: 9%
• Other improper driving: 5.5%
• Pedestrian right of way: 2.7%
• Pedestrian violation: 2.4%

If you are hurt in a bike accident and someone else is responsible, they may be liable to pay monetary damages. An experienced San Diego bicycle accident lawyer can serve as your advocate to help you protect your rights and seek fair compensation for medical bills, lost wages, pain and suffering, and more.

Bicycle Accidents Caused by Motorists

Drivers can cause a bicycle crash when they are careless or reckless. Common factors in crashes caused by drivers include:

• Distracted driving
• Aggressive driving or reckless driving
• Speeding
• Opening a car door in front of an oncoming cyclist
• Driving under the influence
• Unsafe lane change
• Running a red light or stop sign
• Improper turn

Accidents Caused by Cyclists

Cyclists can also be at fault for bike crashes in San Diego. Cyclists must obey the same traffic laws as motorists, including stopping at stop signs and red lights and yielding the right of way.

Common ways a bicyclist may cause or contribute to a crash include:

• Failing to stop at stop signs or red lights. Cyclists have to obey traffic signs and signals like motorists.
• Crossing an intersection without the right of way
• Driving under the influence. According to the NHTSA, 20% of cyclists killed in collisions had a blood alcohol concentration of 0.08 or higher.
• Lack of reflective gear. In San Diego, over half of bicycle accidents happen at night. Bicyclists who do not wear reflective gear can be difficult to see.
• Riding against traffic

Dangerous Roads & Intersections

Dangerous road conditions and intersections also contribute to bicycle accidents. Possible dangers for cyclists include:

• Parked cars
• Wide streets
• No bike infrastructure
• Construction
• Downhill inclines
• Streetcar tracks
• Blind spots
• Heavy traffic

When roads have bike lanes, the risk of injury to a cyclist is reduced by 50%. Protected bicycle lanes reduce the risk by 90%, according to a study published in the American Journal of Public Health.

In downtown San Diego, Gaslamp and Little Italy have higher-than-average bike crash rates. Some roads and intersections in the city have a higher-than-average crash rate.

Dangerous intersections and roads include:

• Midway Dr & Rosecrans St
• Saturn Blvd & Palm Ave
• University Avenue (particularly from 1st Ave in Hillcrest to 30th St in North Park)
• Rosecrans St & Sports Arena Blvd
• Nimitz Blvd & W Point Loma Blvd
• El Cajon Boulevard
• Pacific Highway
• Mission Bay Drive
• Rosecrans Street

Defective Bicycle or Vehicle Parts

While uncommon, crashes or injuries may result from product defects. Examples of defects that can cause an accident include:

• Poorly secured brake cable housing, which can cause brake failure
• Defective forks that can break and cause the rider to lose control
• Cranks that bend or fail during use
• Defective frame or welds that break while riding
• Tire defects that cause a tire to burst and a rider or driver to lose control
• Defective vehicle brakes
• Vehicle steering defects

One of the largest bicycle recalls affected 1.1 million bikes and 17 brands. This recall was related to a defect that allowed an open quick-release lever to come in contact with the front disc brake. It caused three rider injuries, including one case in which a rider was paralyzed.

Proving Fault in San Diego Bicycle Accidents

In California, when someone's negligence causes an accident, they are responsible for the damages that result. Under California law, negligence means acting or failing to act in a way that's expected of a reasonable person under similar circumstances.

In a personal injury lawsuit involving a bicycle accident, your San Diego bicycle accident lawyer will work to prove that the driver was negligent. This requires proving several elements:

• The driver owed you a duty of care,
• The motorist violated their duty,
• This violation was the cause of your accident, and
• You suffered an injury

If we can show the driver violated an important safety law meant to protect you, such as by speeding or running a stop sign, proving negligence becomes easier. This is due to a legal concept called negligence per se.

It's very common for fault to be shared among two or more parties in an accident. Two motorists may be responsible for a collision, for example, or the driver and cyclist may share fault.

San Diego operates under a pure comparative negligence system, which compares the liability of the parties. Under this system, if the first party is 40% at fault and the second party is 60% at fault, the first party is entitled to 60% of the damages.

Under this system, it's crucial to seek experienced and aggressive San Diego bike accident lawyers to represent you. With a pure comparative negligence system, every percent you are found at fault for the accident directly reduces your damages award! A compassionate San Diego bicycle accident attorney at Berman & Riedel, LLP, will work on your behalf to investigate your accident and build evidence that may include:

• Witness statements
• Police reports
• Medical records
• Expert testimony
• Photos of the accident scene

If you or someone you know has suffered serious harm while riding your bicycle because of the negligent or reckless acts of another, we are here to help you. Contact Berman & Riedel, LLP, for a free consultation with a San Diego bicycle accident lawyer to explore your legal options.

Common Fault Scenarios in San Diego Bicycle Accidents

Cyclists and motorists often share fault in traffic collisions. In 2014, the San Diego Union Tribune analyzed over 2,500 accident reports on crashes between vehicles and bicyclists in San Diego County between 2011 and 2014 that resulted in the death or injury of a cyclist. They found cyclists were usually at fault when fault could be determined.

In 2011, cyclists were to blame in 56% of 701 crashes with injury or death. In 2012, bicyclists were at fault in 60% of the accidents.

“Many of those cases were violations of right of way, where the bicyclist cut in front of a car or decided not to stop at a stop sign or a red light; just rode right through it,” San Diego police traffic Lt. Leonard Flake told the newspaper, adding that in 28 years of responding to accidents, he found cyclists were at fault most of the time.

We Will Fight for Compensation for All Your Bicycle Accident Injuries

Bike accidents often result in serious injuries, especially crashes with motor vehicles. Any collision or fall while riding a bike can be severe or even fatal. At Berman & Riedel, LLP, we understand how a bike crash can change your life forever. We are prepared to fight for maximum compensation for your injuries to ensure you receive the care and financial security you need.

We represent bicycle accident victims who have suffered all types of injuries, such as:

• Spinal cord injuries
• Traumatic brain injuries (TBI)
• Burns and road rash
• Neck injuries
• Back injuries
• Loss of limb or amputation
• Fractures or broken bones

Get in touch with our California bicycle accident lawyer today.

A 2021 study analyzing more than 12,000 sports-related spinal injuries found that 81% were caused by cycling. Most of these injuries were vertebral fractures, particularly cervical spine fractures. Another study of traumatic cervical spinal injuries in Norway found that 12% were bicycle-related.

In accidents with motor vehicles, cyclists are likely to experience more serious injuries, including spinal cord injuries that cause paralysis.

Traumatic brain injuries are also common among cyclists hurt in a crash. Between 2009 and 2018, there were almost 600,000 emergency room visits in the U.S. for bicycle-related brain injuries. Head injuries happen in 22% to 47% of bike crashes, and brain injuries are responsible for more than 60% of bicycle accident deaths. A severe head injury can have lifelong consequences and lead to disability.

The more severe your injuries, the more important it is to work with experienced San Diego bicycle accident lawyers. Remember: the insurance company is not on your side. They employ their own team of lawyers and claims adjusters who have a strong incentive to minimize or even reject your claim. High-value personal injury claims involving catastrophic injuries can take years to settle, all while you attempt to heal and move on with your life.

Berman & Riedel, LLP, is one of the premier CA bicycle accident lawyers. We have extensive experience handling bicycle accident injury cases. Our San Diego bicycle accident attorneys understand the challenges associated with litigating complex personal injury cases. We are prepared to put our resources and legal experience to work to obtain the maximum compensation for your losses.

A San Diego bicycle accident lawyer at Berman & Riedel, LLP, is ready to fight for the compensation you deserve for the serious injuries you have sustained. Contact us today to schedule a free consultation to discuss your case and how we can help you.

Compensation Available in California Bicycle Accident Claims

A bike accident claim allows bicycle accident victims to seek compensation for their damages from the responsible party. After proving the other party caused your accident, you can recover compensatory damages in two categories: economic or financial damages and non-economic damages, which cover losses with no monetary value.

Possible damages you may recover include:

• Medical expenses, including future anticipated medical bills, rehabilitation, and therapy
• Lost wages while you are unable to work
• Diminished earning capacity if you are disabled and unable to return to your job
• Pain and suffering, including physical pain, emotional suffering, and mental anguish
• Scarring and disfigurement
• Reduced quality of life

At Berman & Riedel, LLP, an experienced San Diego bicycle accident lawyer is ready to fight for the financial recovery you deserve. We understand the impact a serious collision can have on your enjoyment of life, independence, and financial stability. We will pursue compensation to help you get the care you need and alleviate the financial burden of your crash.

Learn more about bicycle accident settlements and what to expect.

Steps to Take After a Bike Accident

Your actions after your accident can help strengthen your case and ensure you recover as fully as possible. Your first priority should be seeking medical attention right away. Keep in mind that many bicycle accident injuries involve trauma to the head, back, or neck. These injuries may not have immediate symptoms, especially after the shock of an accident. See a doctor right away to evaluate your injuries, even if you feel fine.

Call the San Diego Police Department or California Highway Patrol to respond to the accident and make a report. This can help with the claims process.

As soon as possible, collect information and preserve evidence:

• Get the driver's name, contact information, and insurance information
• Record the license plate number, make, model, and color of the vehicle
• Get contact information for witnesses
• Take video and photos of the scene
• Take photos of your injuries

A San Diego bicycle accident lawyer may recommend keeping a journal as you recover and seek treatment to record the extent of your injuries and the lengthy recovery process.

Do not admit fault after the accident or apologize. As soon as possible, contact a San Diego bicycle accident lawyer to protect your legal rights and negotiate with the insurance company on your behalf.

Bicycle Safety Tips From a San Diego Bicycle Accident Attorney

Whether you're an avid cyclist or a beginner, it's important to take steps to protect yourself while riding. Here are important safety tips for bike riders from a San Diego bicycle injury lawyer. 

• Always wear a helmet. Cyclists under 18 must always wear a helmet, but it's advised for all cyclists. Head trauma is by far the leading cause of death from cycling accidents. Wearing a helmet reduces the risk of a traumatic brain injury or death by 63% to 88% and the risk of facial trauma by 65%, even in crashes with vehicles.
• Obey California bicycle laws. In San Diego, bicycling is allowed on sidewalks outside of business districts but not allowed in front of businesses except with official signs that allow it. Similar restrictions apply in cities like Chula Vista and National City. In Solana Beach, riding on sidewalks is prohibited if there is an adjacent bike path or lane. In Carlsbad, El Cajon, Poway, and Vista, cycling is never permitted on sidewalks. Always yield to pedestrians and ride at a safe, reasonable speed that does not put others at risk. Additionally, always stay in the city's designated bike lanes.
• Obey traffic laws. The Vehicle Code applies to bicyclists. Please refer to Vehicle Code Sections 21200-21212.

• Be visible. Head & tail lights, reflective materials, and wearing colorful clothing increase the chances that a passing motorist will notice you and “Share the Road.”
• Ride with traffic. Cyclists are required by law to follow all of the same traffic laws as automobile, motorcycle, and truck drivers. Stay to the right of traffic to reduce the risk of accidents, and use hand signals to alert motorists when you are turning or stopping. Riding with traffic makes a rider more visible and will greatly reduce the risks of an accident.
• Wear an ID tag. All cyclists should wear or carry some form of identification while riding. It's easy to inscribe personal information, including important contact and medical information, inside your helmet, or you can wear some form of identification bracelet, such as a Road ID.
• Use the buddy system. Whenever possible, ride with one or more companions. This increases visibility and can be helpful in the case of an accident or bicycle malfunction.

Why Choose Our San Diego Bicycle Accident Law Firm?

At Berman & Riedel, LLP, our San Diego bicycle injury lawyers not only litigate the most serious bicycle accident injury cases, but we have also received prestigious recognition for our results. Our recognition includes Super Lawyers rating, Martindale-Hubbell AV Preeminent rating, and California Top Rated Lawyer (2009 – 2024).

We have experience as cyclists and personal injury lawyers. Several of our San Diego bicycle accident lawyers also cycle in the community and in events throughout the Western United States.

We understand that drivers often fail to pay attention to cyclists on the road, and we are aware of the ways in which cyclists may contribute to crashes through dangerous behavior. We also understand the very real risks of poor road maintenance for bicyclists.

Berman & Riedel, LLP, is dedicated to helping injured cyclists. We have significant litigation experience handling the most serious bike accident claims, and we have achieved outstanding results for our clients. We take our role in representing injured cyclists seriously, and we strive to obtain the best possible results for every client.

Contact our law firm today to schedule a free consultation with a San Diego bicycle accident lawyer ready to help you.

San Diego Bicycle Accident Lawyer FAQs

What Should I Do Immediately After a Bicycle Accident in San Diego?

After a crash, bicycle riders should first seek medical care and ensure the crash scene is documented with photos, witness information, and a police report. Prompt medical evaluation by a medical professional is important because some injuries appear later. Gathering evidence early can strengthen potential insurance claims and help establish liability.

Can I Recover Compensation After a Bicycle Accident Caused by a Driver?

Yes. If negligent drivers caused the collision, injury victims may be able to recover compensation through a personal injury claim. An experienced bicycle accident lawyer can investigate the accident, identify responsible parties, and negotiate with the driver’s insurance company to pursue damages for medical expenses, lost wages, and pain and suffering.

How Does California Law Protect Cyclists After a Crash?

California traffic laws include protections designed to protect cyclists on the road. For example, California Vehicle Code Section 21801 requires drivers to yield when turning in ways that could endanger cyclists or pedestrians. Violations of these rules can become important evidence when determining liability in a bicycle accident lawsuit.

When Should I Contact a Bicycle Accident Attorney After a Serious Crash?

If you suffered catastrophic injuries or significant financial losses, contacting a dedicated bicycle accident attorney as soon as possible is critical. A lawyer can help navigate the legal process, gather evidence, and address legal complexities that often arise when determining fault, negotiating settlements, or preparing a case for court.

Do Bicycle Accident Lawyers Charge Upfront Legal Fees?

Many firms handle cases on a contingency fee basis, meaning clients do not pay attorney fees unless the case is successful. This arrangement allows injured cyclists to pursue justice without upfront costs. In severe accidents or cases involving wrongful death, legal representation can be crucial for protecting families’ rights and pursuing fair compensation.

Request a Free Consultation With a San Diego Bicycle Accident Lawyer at Berman & Riedel, LLP

Even low-speed collisions with a vehicle can have life-changing consequences for a cyclist. If you or someone you love has been hurt in a bicycle accident, Berman & Riedel, LLP, is here to help you.Our San Diego bicycle accident lawyers will work tirelessly on your behalf to safeguard your rights, negotiate with the insurance company, and fight for fair compensation for your injuries and damages. Contact Berman & Ridel, LLP, today to schedule your free consultation with a compassionate San Diego bicycle accident lawyer.