Category Archives: General

California Bicycle Laws

27 February
2023

California’s mild climate, bike-friendly infrastructure, scenic routes, diverse terrain, and active cycling community make it an ideal place for anyone who loves to ride a bike. Unfortunately, severe or fatal bicycle injury accidents occur frequently in our state, particularly on busy roads in and around the Bay Area.  

According to the National Highway Traffic Safety Administration, over 60,000 bicyclists in the United States were injured in traffic accidents, and 840 lost their lives in 2016. The carelessness or recklessness of motorists caused a significant number of these collisions. When vehicle drivers are distracted, intoxicated, ignore the rules of the road, or disregard the rights of cyclists, they put everyone at risk.  

Because cyclists have little to protect them in the event of a crash, they are frequently injured or killed by drivers who do not check their blind spot before changing lanes, make right turns directly in front of them, hit them while driving on the shoulder, open doors in their path, fail to stop at stop signs, pull out from driveways or side streets without looking, or otherwise jeopardize their safety.  

Motorists and cyclists alike must understand California’s bicycle laws and the rights they extend to cyclists on public roads throughout The Golden State. It’s also vital to know your rights if a negligent motorist has injured you while riding your bike. 

California Bicycle Laws 

Under California Vehicle Code §21200 – 21213, cyclists have the following rights:  

  • You can ride where you like, as long as you are moving at the same speed and with traffic flow. 
  •  If you’re riding slower than traffic, California’s bicycle lane rules allow you to “take the lane” if it’s not wide enough for a bike and a vehicle to share side-by-side safely. Stay close to the right side of the road, as much as possible and practical. Exceptions to this are when passing, turning left, avoiding hazards, riding in a particularly narrow traffic lane, or attempting an authorized right turn. 
  •  If the road has a bike lane, you must use it unless you’re making a left turn, passing, dodging hazardous conditions, or approaching an authorized right turn. Knowing and obeying all bike lane rules in California is crucial before riding. 
  • You don’t have to use a bikeway (formerly known as a “protected bike lane”) since California’s bicycle rules of the road no longer recognize them as bike lanes.
  • You must ride with traffic and on the right side of the road unless you’re turning left, overtaking or passing another cyclist or vehicle, riding on a one-way street or a narrow road, or when construction closes the right side.
  • High-speed (28 mph top-assisted speed) e-bikes and mopeds may not be ridden on trails, bike paths, or bike lanes unless otherwise specified by California law or local laws. Operators aged sixteen or older may ride them in bike lanes or separated bikeways. Riders must wear an approved helmet at all times. 
  • Low-speed (20 mph top assisted speed) electric bicycles can be ridden wherever bikes are allowed unless expressly prohibited by local law.
  • You may not stop or park a bicycle on a bicycle path.
  •  A city or county may determine whether cyclists can ride bikes on sidewalks.
  • People may not ride bicycles (including motorized bikes) on freeways or expressways if the California Department of Transportation (CDoT) and local authorities prohibit it.
  • Bicyclists may only use toll bridges if permitted by the California Department of Transportation.

Knowing the bicycle laws in California could make a significant difference in a safe ride and one that results in a severe injury accident. Unfortunately, even the safest cyclist could still be injured if a motorist fails to respect the rights of cyclists on the road. 

What Are The Most Common Causes of Bike Accidents in California? 

Some of the most common causes of bike accidents in California include:  

  • Left-turning vehicles at an intersection – If a driver fails to see an oncoming cyclist or misjudges the cyclist’s speed, a severe or fatal injury accident could occur. 
  • Right-turning vehicles overtaking a cyclist – Motorists turning right at an intersection or driveway often fail to check for cyclists riding alongside or behind them, leading to dangerous collisions.
  • Vehicles passing too closely – If a motorist attempts to pass a cyclist and doesn’t leave adequate space, they could “clip” the cyclist or cause them to lose control and crash. Cyclists may also get hit by the vehicle if they swerve to avoid hazardous road conditions.
  • Dooring – “Dooring” accidents often happen when cyclists ride near parked cars. If a driver or passenger opens their door without looking, they could hit a cyclist riding by and cause a severe injury accident.
  • Road hazards – Not providing clean pavement, or uneven pavement, potholes, debris, and other hazards on the road can cause cyclists to lose control of their bikes and crash. When this happens, a government entity could be responsible for compensating the injured cyclist if the road was not adequately designed, inspected, or repaired.
  • Driving under the influence – Motorists under the influence of alcohol or drugs will often experience dangerously impaired judgment and coordination, making it more difficult to see cyclists, react to hazards on the road, and avoid accidents.
  • Distracted driving – If a driver is texting, talking on the phone, eating, grooming, talking to passengers, or engaging in other distracting activities, they may fail to see cyclists on the road or leave adequate space between their vehicle and the bike. Distracted driving is a significant cause of crashes in California and across the United States and causes countless severe injuries and fatal accidents each year.
  • Pedestrian collisions – Cyclists riding on sidewalks, crosswalks, or bike paths could collide with pedestrians walking, jogging, or standing on the path. If the pedestrian was in the wrong place or was not walking where they were supposed to, they could be liable for the harm they caused.
  • Mechanical failures – If a bicycle’s brakes, gears, chains, or other bike components malfunction, they can cause a cyclist to lose control and crash. If a defectively designed or manufactured part caused the collision, the cyclist could seek compensation from the manufacturer. 
  • Dog attacks – Dog owners are always responsible for their pets. If a dog is off-leash or if the owner fails to control it and it attacks a cyclist and causes a crash, the pet owner could be liable for the cyclist’s injuries.

What Type of Compensation Could I Recover After a Bike Accident? 

If someone else’s negligence caused a severe injury bike accident in San Francisco, you could be eligible to seek compensation from the at-fault party. Depending on the specifics of your crash (including whether you were following California biking laws and the other party’s actions) and the nature of your injuries, you could seek compensation, including:  

  • Medical bills, both current and future
  • Prescription medication, medical devices, therapy, rehabilitation, and other treatment costs
  • Lost income and potential earnings
  • Pain and suffering
  • Emotional distress
  • Loss of financial support 
  • Loss of consortium
  • Repairs or replacement of your bike and other damaged property
  • Incidental expenses for travel for treatment and rehabilitation

Even if the at-fault driver is not located or identified (such as in a hit-and-run crash), a cyclist could seek compensation from their own motor vehicle insurance policy if it includes coverage for Uninsured / Underinsured motorists. This is often referred to as UI/UM coverage.  

Frequently Asked Questions 

The following are some frequently asked questions about bike accidents in California: 

How can I stay safe while cycling on these busy Bay area roads? 

Cyclists can stay safe on busy roads in California by wearing a helmet, using bike hand signals, following California bike law, using designated bike lanes or paths whenever possible, staying visible by wearing bright clothing or yellow reflectors, white lights, or red lights, and being aware of their surroundings at all times. 

What should I do if I’m injured in a bike accident in San Francisco?  

Suppose a negligent motorist hits you while riding your bike. In that case, you should immediately contact the police, get information from the individuals involved and any eyewitnesses, seek prompt medical attention, keep a record of the incident, and contact an experienced San Francisco bicycle accident lawyer as soon as possible. 

What information should I gather from the driver and witnesses after a bicycle accident in California? 

You should always get the driver’s name, contact information, insurance information, license plate number, and the names and contact information of any witnesses who saw the accident occur. 

How can I preserve evidence to support my case after a bicycle accident in California? 

If your injuries allow, you could secure crucial evidence to support your case after a bicycle accident by taking pictures and video of the accident scene and your injuries, getting the contact information for any witnesses and preserving any physical evidence such as broken bike parts or damaged clothing. 

When should I contact a bicycle accident lawyer in California after a bicycle accident? 

You contact a bicycle accident lawyer in San Francisco as soon as possible after an accident, so your lawyer can gather vital evidence before it is lost or destroyed, file an insurance claim or lawsuit, and seek fair compensation for your injuries and accident-related losses. 

Is the motorist always at fault in a bicycle and car accident in California?

No, the motorist will not always be at fault for a collision involving a car and bike in California. Cyclists are also expected to obey the rules of the road and operate their vehicles with care and caution, so fault for any particular accident will depend on the specific circumstances and the actions taken by both parties. 

Could I seek compensation if I was partially at fault for the bicycle accident in California? 

Yes, you may still be eligible to recover compensation even if you were partially at fault for the bicycle accident in California. Because California follows a pure comparative negligence doctrine, the court would likely reduce the compensation you could recover based on your percentage of fault. 

Why should I hire a lawyer to represent me?  

If you’ve been injured in a bike crash, you might wonder if you can handle your insurance or injury claim without the assistance of a knowledgeable bicycle accident attorney. You might be tempted to settle directly with the other party’s insurance company, but doing so might be a big mistake. 

Remember that insurance company representatives are incentivized to maximize company profits by minimizing payouts for claims. If you’re injured in a bike crash and do not have legal representation, the other party’s insurance company might try to push you to accept a lowball settlement offer that is far less than what you deserve. That’s because the insurance company knows you are unprepared to file a lawsuit or take the case to court. 

Hiring an experienced personal injury attorney to represent you in a bicycle accident case will maximize your ability to recover the deserved compensation. You should let them handle all communications and negotiations with the insurance company and refrain from signing any papers or agreeing to recorded statements if an adjuster or another company representative approaches you. 

Contact a San Francisco Bike Accident Attorney Today 

If you have been injured in a bike accident in San Francisco, you need a skilled and experienced bike accident attorney with the skills and resources to help you seek the full and fair compensation you deserve. When the unthinkable happens, and a negligent motorist injures you while riding your bike, contact Attorney Daniel Rose immediately for help. Some of the reasons why other injured cyclists have chosen our firm include the following: 

  • We provide personalized attention to every client. Every client deserves compassionate, personalized service. When you hire us, Mr. Rose will carefully evaluate your claim and work closely with you at every step to meet your needs.
  • We have a proven track record of success. Mr. Rose has secured tens of millions of dollars in compensation for his clients. As a former partner with Lieff Cabraser Heimann & Bernstein LLP, a nationally recognized law firm, Mr. Rose has built a reputation for professional integrity and efficient, aggressive, and responsible representation.
  • We have earned significant recognition and accolades.  Mr. Rose’s commitment to providing exceptional legal representation has earned him recognition from clients and peers alike. He has been recognized as a California Super Lawyer, an exclusive rating held by fewer than 5% of attorneys in California. He is also the recipient of the Martindale Hubble Client Distinction Award.

Contact an experienced San Francisco bicycle accident attorney at the Law Office of Daniel H. Rose at (415) 946-8900 for a free consultation today. 

Posted in General
February 27th, 2023 by Daniel Rose

Types of Pregnancy Injuries Due to Car Accidents

18 August
2021

Vehicle collisions can lead to severe injuries for all the occupants involved. However, a pregnant woman involved in a car crash has a greater risk of unique injuries. That’s because pregnant occupants have a different relationship between the steering wheel and seatbelts than non-pregnant occupants. This can lead to uncommon injuries not only for the pregnant woman but also to their growing fetus.
It is always advisable to seek immediate medical attention if you are pregnant and were involved in a car crash as a precautionary measure to ensure your fetus’s health.
Below is a list of injuries unique to expecting mothers.

PLACENTAL ABRUPTION

Placental abruption is a common cause of fetal loss in an automobile crash. It happens when the placenta detaches from the uterine wall, disrupting oxygen supply and nutrients to the fetus. This type of injury can occur even when pregnant women are correctly using a seatbelt. However, the risk of placental abruption increases with women who are in the later stages of their pregnancy.

UTERINE INJURY

Uterine rupture and lacerations are rare during pregnancy. Injury to the uterus in car accidents almost exclusively happens during pregnancy. That’s because a woman’s uterus is much larger at that time. When a uterine rupture occurs, the likelihood of fetal death is nearly 100%. The mother may also face complications, such as internal bleeding.

DIRECT FETAL INJURY

Direct fetal injury (DFI) doesn’t occur often. During the first three months of pregnancy, the pelvis still protects the uterus. However, as the baby grows bigger, the uterus begins to protrude from the abdomen. During this stage of pregnancy, the fetus can suffer a direct injury in a car accident. Usually, the skull is the most common direct fetal injury. It can lead to severe injuries for the fetus, including miscarriage.

MISCARRIAGE

A fetus is protected by the uterus and the amniotic fluid, which acts as a shock absorber. If a pregnant woman hits the steering wheel or another part of the car, the impact can puncture the fluid. When the amniotic fluid is low, it can lead to miscarriage. Also, suppose the expecting mother loses oxygen as a result of the car accident. In that case, it can also lead to a miscarriage.

PREMATURE BIRTH

Premature birth happens when a woman delivers her baby before the fetus is considered “full term”— before 37 weeks. Premature babies can have a myriad of health issues. The stress of a car accident can cause a woman to deliver her child prematurely.

Pregnant women face many unique injuries to themselves and their fetuses when involved in a car accident. Aside from the safety concerns, expecting mothers will face more financial damages than other car crash victims. Not only will the mother need medical attention and monitoring, but so will the fetus.

The time after an automobile collision may be particularly stressful. If you were involved in a car accident while pregnant, you might have the right to financial compensation. However, it is vital to consult with a skilled car accident attorney at the Law Office of Daniel H. Rose to protect your rights.

A Letter of Protection and How It Helps in a Personal Injury Case

16 April
2021

Not everyone involved in an accident may have health insurance. Or, there may be times when a covered person’s insurance denies injury claims arising from an accident.  That means that getting medical attention can be complicated. The injured person may be left with paying medical expenses out-of-pocket. As costs escalate, it increases the chances that a person will be unable to pay. So, what options does a person who was injured by another have for paying medical expenses?

Simply put, a Letter of Protection is a document that helps someone get medical care when they have been injured due to another person’s negligence. A Letter of Protection alleviates the burden that the injured party might otherwise have in paying for medical expenses themselves. Below, we discuss what a letter of protection is and the benefits of using one.

Letter of Protection

A Letter of Protection is a medical lien. When a person is injured, their lawyer will send a Letter of Protection to a doctor or medical provider, which promises to pay for medical bills once a settlement is received. The injured person will get medical treatment without health insurance or cash, asking the doctor to hold their account for collection. Once payment is obtained from the settlement, the lawyer will use it to pay back the doctor.

There many benefits to using a Letter of Protection, but there are also some drawbacks.

Drawbacks

If you are not successful in your case against the at-fault party, you are still responsible for paying your medical bills.

Benefits

One of the benefits of having a Letter of Protection is that the attorney handling the claim can arrange medical appointments. Having such a liaison will ensure that you get immediate attention for your injury. Also, in a personal injury suit, it’s necessary to document the extent of injuries by gathering medical records. It is a tedious process that may take several weeks to obtain all the relevant documentation. However, with a Letter of Protection, it is easier for the attorney to get medical records from one doctor.  Also, fewer medical bills make it easier to pay for medical costs at once.

A Letter of Protection can also protect your credit. Since a Letter of Protection is a contract, our experienced attorneys can input specific language that prevents unpaid bills from being sent to a collection agency for a while. However, a Letter of Protection doesn’t absolve the injured party from paying their medical bills. Even if the case is ultimately lost, the injured party must still pay their medical bills.

Another benefit is that when a doctor provides medical care with a Letter of Protection, they are more willing to give testimony regarding the injured person’s medical injuries. In a personal injury case, the injured party is responsible for proving the extent of their injuries because that’s how the monetary amount is determined. Having a medical expert describe the harm will allow a deeper understanding of the extent of the injury.

Contact an Experienced Personal Injury Attorney

If your medical insurance has denied paying for medical expenses because they believe the other party should pay, or if you don’t have insurance, a Letter of Protection can be a good option. Contact our knowledgeable car accident attorneys at 415-946-8900 or at Dan Rose Law to schedule a free consultation.

Safety Driving Tips for Expectant Mothers

18 February
2021

Whether it’s your first pregnancy or third, expectant mothers have to avoid things like hot yoga, roller coaster rides, and even certain cleaning products. It’s a long list indeed, and the mother-to-be must make temporary adjustments to ensure her safety and that of her baby.

According to a national study conducted in the U.S., women represented almost half of the workforce in 2019. Plus, even if work isn’t the reason you drive, it’s something that can’t be easily avoided. However, suppose a pregnant woman is involved in a car accident and risks injury to herself and her unborn baby. Luckily, there are many adjustments an expecting mother can make to ensure a safe ride.

Seatbelts

Experts agree that seatbelts are the most effective means to save lives and lessen injuries in car accidents. And everyone, including women who are pregnant, should wear seatbelts.

If you are pregnant, ensuring that your seatbelt is placed correctly can avoid serious injury in the event of a car crash or other accident. An expecting mother should remove a coat or any other bulky clothing that prevents a seat belt from fitting snugly. The lap portion of the belt should rest across the hips or below. You never want the lap portion to go across your lower abdomen because it can cause serious injury if there is an accident or a sudden stop.

Even if uncomfortable, the shoulder strap should always be worn. It should rest in the middle of your chest. It shouldn’t be placed behind you or under your arm.

Proper Vehicle Adjustments

An expecting mother should ensure that she is adequately distanced from the steering wheel. This is especially true if the car has an air bag feature. If an airbag deploys, proper seat positioning ensures that the force doesn’t directly hit the abdomen. Any abdominal trauma sustained in a car accident can lead to severe injury or death of the fetus. For example, placental abruption could alter the supply of oxygen and nutrients to the fetus. Or the force can cause a uterine rupture.

Ideally, the driver’s seat should be about 25 cm, or a belly distance away from the steering wheel. Also, the steering wheel should point away from your belly. It should be directed towards the chest.

As your belly grows, your seat adjustments will also change. So, it is essential to position all the mirrors.

 Contact a Skilled Attorney

Pregnant women who have been injured in a car accident may have more significant expenses than other car accident victims. That is true because an expectant mother will require more medical attention, especially to monitor the fetus. Also, a mother-to-be might also have increased pain and suffering from worrying about whether her unborn child is healthy. Consulting with an experienced car accident attorney at the Dan Rose Law Firm can help you assess your damages and make the right decisions for you and your family. Call us at 415-946-8900 or visit us online.

Filing a Lawsuit Against a Deceased Defendant

28 January
2021

If you suffered injuries or losses because of someone else’s negligence, you may have the legal right to bring a claim to receive both economic and non-economic damages. However, in some cases, the liable party dies as a result of the accident or during the process of filing a legal claim. Learn more about what your options are regarding filing a lawsuit against a deceased defendant.

The Estate of the Deceased Defendant

If you experienced any type of personal injury that resulted in injuries or losses due to someone else’s carelessness or recklessness, you have a right to become whole and receive both justice and compensation. However, if the negligent party dies, you cannot sue them directly. However, you do have the right as a victim to file a claim against their estate, which is the remaining assets that they leave behind when they die.

Motion for Scire Fascias Substitution

A motion for scire fascias substitution is a legal action that specifically requests that the court substitute a party as a representative for the deceased party’s estate. If the negligent party dies either at the scene of the car accident (or any other type of accident) or prior to filing the lawsuit, the party that will be held responsible and liable to compensate the victim will be the deceased’s estate. In some cases, there may already be a probate case pending. If this is the case, then the victim has the legal option to either intervene in that probate case or file a different and separate civil case along with the motion for scire fascias substitution.

Finding the Executor of the Deceased Defendant’s Estate

One of the other challenges may be finding the executor (representative) of the deceased defendant’s estate. If the deceased person has their estate going through the probate process, this may be easier; however, there are instances where there is no case in the probate court which makes it more challenging to find the executor of the estate.

Legal Challenges Against a Deceased Defendant

There are several complex legal challenges that may occur when a victim files a lawsuit against a deceased defendant. Because there is an inability to interview the defendant regarding the accident, a great deal of information or evidence may be lost due to. Additionally, finding the executor of the deceased defendant’s estate can also prove challenging. Finally, a victim will have to navigate not only a personal injury case but, in some cases, the probate process to winning compensation for their injuries and losses resulting from someone else’s negligence.

Contact an Experienced Personal Injury Attorney

Our experienced attorneys at The Law Office of Daniel H. Rose can navigate both the personal injury portion of your claim as well as the probate portions of this potential lawsuit. It is important to consider visiting with a personal injury attorney as soon as possible due to the complexity and challenge of cases where the defendant has died. If you suffered injuries or losses related to another person’s negligence who has since died, consider visiting with our personal injury attorneys and legal team at 415-946-8900 or online today.