If a bicycle accident in Bakersfield injured you, California law gives you the right to pursue compensation for all losses caused by another’s negligence. As a cyclist, you have the same rights as any motorist, yet you face far greater risks on the road. A collision can leave you with serious injuries and financial burdens that you should not have to carry alone.
In the days following an accident, you are likely managing physical pain, doctor’s appointments, and the stress of a damaged bicycle. You may also face calls from insurance adjusters while bills accumulate from missed work. These pressures make it difficult to focus on your recovery, let alone understand the steps needed to protect your legal rights.
At the Law Offices of Mickey Fine, we understand the challenges you face. Our firm is dedicated to helping bicycle accident survivors in Bakersfield and Kern County secure the resources they need. As an experienced Bakersfield bicycle accident lawyer, we handle the complexities of the legal process—from collecting evidence to negotiating with insurance companies—so you can concentrate on your health.
For a free, no-obligation consultation to discuss your case, call us today at (661) 333-3333.
Why Should You Choose the Law Offices of Mickey Fine?
When you are injured, you need a legal team that understands both the law and the community. The Law Offices of Mickey Fine has decades of experience handling personal injury claims in Kern County. Our local knowledge, from traffic patterns on major roads like Truxtun Avenue to local court procedures, provides an informed perspective for your case.
We are not some faceless law firm halfway across the country; we are your neighbors, committed to achieving positive outcomes for the community we serve. Our office is located at 930 Truxtun Ave #110, steps away from the Kern County Superior Court.
We believe effective legal support is built on personal attention. You are not a case file to us. From your first call, you will have a direct line to the attorney managing your case. Our commitment is to listen, explain your options in clear language, and build a legal strategy tailored to your goals. We operate on a contingency fee basis, meaning you pay no upfront fees, and we only collect payment if we win your case.
What Compensation Can You Recover in a Bicycle Accident Claim?
The goal of a personal injury claim is to make you “whole” again from a financial standpoint. Compensation is designed to cover every loss you incurred because of the accident, ensuring the financial burden falls on the responsible party, not you.
Economic Damages: Your Financial Losses
These are the tangible, calculable expenses from your accident and injuries. Our team meticulously documents these costs to build a comprehensive claim.
Medical Expenses: This includes everything from the emergency room visit and ambulance ride to ongoing physical therapy, future surgeries, medications, and necessary medical equipment.
Lost Wages: If your injuries kept you from working, you can pursue compensation for the income you lost.
Loss of Earning Capacity: If your injuries are long-term or permanent and affect your ability to earn a living in the future, we will work to calculate this significant financial loss.
Property Damage: This covers the cost to repair or replace your bicycle, helmet, and any other personal property damaged in the collision.
Non-Economic Damages: The Personal Impact of Your Injuries
Non-economic damages compensate you for the intangible, personal suffering the accident caused. While these losses lack a price tag, they are a significant part of your recovery.
Pain and Suffering: Compensation for the physical pain and discomfort you have endured.
Emotional Distress: This addresses the psychological impact of the accident, such as anxiety, fear, and sleep disturbances. It is important to note that under California law, you can typically only recover damages for emotional distress if you have also suffered a physical injury.
Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or experiences you once enjoyed, you may be compensated for this loss.
When Are Punitive Damages Awarded?
In rare cases where the at-fault party’s conduct was particularly reckless or malicious—such as in some DUI-related accidents—a court may award punitive damages. These are not meant to compensate you for a loss but to punish the wrongdoer and deter similar behavior.
Where Do Most Bicycle Accidents Occur in Bakersfield?
While a bicycle accident can happen anywhere, certain areas in Bakersfield and Kern County present a higher risk. Data reveals a concerning trend, with 70 crashes involving bicycles in Bakersfield in 2023 alone, a significant increase from previous years. Studies also show that Kern County’s intersection crash rate is over 32% higher than the California county average.
Known Dangerous Intersections in Bakersfield
Crash data consistently points to several intersections as hotspots for collisions. Our firm sees accidents frequently occur at busy and complex crossings, including:
Union Avenue and California Avenue
Ming Avenue and New Stine Road
Rosamond Boulevard and B Street
California Avenue and Chester Avenue
What Factors Contribute to Bakersfield Bike Crashes?
High-Speed Roads: Areas with high speed limits increase the force of impact and the severity of injuries.
Lack of Protected Bike Lanes: While Bakersfield is adding cycling infrastructure, many areas still lack protected lanes that are proven to reduce accidents.
Time of Day: Many accidents involving pedestrians and cyclists happen in the evening, when visibility is reduced.
Driver Inattention: The majority of bicycle accidents are caused by driver negligence.
What Are the Common Causes of Bicycle Accidents?
Most bicycle accidents are preventable and stem from a driver’s failure to share the road safely. We frequently see cases involving:
Failure to Yield: Drivers turning at intersections without checking for oncoming cyclists.
Distracted Driving: Motorists who are texting, talking on the phone, or otherwise not paying attention.
“Dooring”: A driver of a parked car opening their door into the path of an approaching cyclist.
Unsafe Lane Changes: A driver drifting into a designated bike lane or onto the shoulder.
Driving Under the Influence: An intoxicated driver whose impairment makes it impossible to react to a cyclist on the road.
Dangerous Road Conditions: Potholes, debris, or poor road design maintained by a government entity can also cause an accident.
What Are Common Injuries for Cyclists?
Because a cyclist has no protection from a motor vehicle, injuries are often severe and life-altering.
Spinal Cord Injuries: Damage to the spine can result in paralysis and permanent disability.
Broken Bones and Fractures: The force of impact commonly causes severe fractures to limbs, hips, and ribs.
Road Rash: This is a friction burn from scraping against a paved surface. Severe abrasions can lead to infections, scarring, and require extensive skin grafts.
Internal Injuries: Damage to internal organs and internal bleeding are serious risks in any high-impact collision.
Which California Laws Protect Bicyclists?
California law gives cyclists the same rights and responsibilities as motorists and includes specific statutes for their protection.
Right to the Road: Cyclists have the right to ride on the roadway. They are generally required to ride as close to the right side of the road as is practical, but they may “take the lane” when it is too narrow to share or to avoid hazards, as outlined in CVC 21202.
Bike Lane Usage: Where a bike lane is present, cyclists traveling slower than traffic must use it unless passing, turning left, or avoiding a hazard.
Equipment Requirements: Bicycles must have proper brakes. When riding at night, they must be equipped with a white front light and a rear red reflector, as mandated by CVC 21201.
How Do Insurance Companies Approach Bicycle Accident Claims?
It is important to understand that the at-fault driver’s insurance provider is a business. Its goal is to minimize the amount it pays in claims to protect its profits. This creates a direct conflict of interest.
With decades of experience, we anticipate the tactics insurance adjusters use to devalue or deny a legitimate claim. We build every case to counter these strategies from the start.
Common Insurance Company Tactics
Attempting to Shift Blame: The insurer might argue that you, the cyclist, were partially or entirely at fault, even when the evidence shows otherwise.
Requesting a Recorded Statement: Adjusters may ask for a recorded statement, hoping to use your words out of context to undermine your claim. We advise our clients never to give one without legal counsel.
Offering a Quick, Low Settlement: If liability is clear, an insurer might offer a fast settlement. This amount is almost always far less than what your case is worth and will not cover your future medical needs.
Downplaying Your Injuries: An adjuster might argue that your injuries are not as severe as you claim or that your medical treatment is excessive.
Delaying the Process: Some companies drag out the claims process, hoping you will become frustrated and accept a lower settlement out of desperation.
How Can You Protect Your Rights During Your Case?
While your lawyer manages the legal work, there are several steps you can take to strengthen your claim.
Follow Your Doctor’s Treatment Plan: Attend all medical appointments and follow through with all prescribed treatments. Gaps in treatment can be used by an insurance company to argue your injuries were not serious.
Keep a Recovery Journal: Jot down notes each day about your pain levels, physical challenges, and how your injuries affect your daily life. This provides a personal account of your suffering that goes beyond medical records.
Document All Expenses: Keep every receipt and bill related to the accident, including co-pays, prescription costs, and travel to medical appointments.
Obtain the Police Report: Your lawyer will obtain the official report, but having a copy for your own records is helpful.
Stay Off Social Media: Insurance companies will look at your social media profiles. A single post could be taken out of context to argue you are not as injured as you claim. It is best to avoid posting until your case is resolved.
Direct All Communication to Us: Do not speak to the other driver’s insurance company. Refer all calls to our office. We will handle all communications on your behalf.
Secure the Support You Need
The team at the Law Offices of Mickey Fine is ready to provide the clear guidance and dedicated legal support you need from an experienced Bakersfield personal injury lawyer.
Let us manage the legal process so you can focus on healing. For a free, confidential case evaluation, call our Bakersfield office today at (661) 333-3333.
Law Offices of Mickey Fine – Bakersfield Office
Address: 930 Truxtun Ave, Suite 110 Bakersfield, CA 93301 Contact No:(661) 333-3333
Frequently Asked Questions About Bakersfield Bicycle Accident Claims
What if I wasn't wearing a helmet?
In California, only cyclists under 18 are legally required to wear a helmet under California Vehicle Code section 21212. If you are an adult, not wearing one does not prevent you from filing a claim. However, the defense may argue it contributed to your head injury. We are prepared to address these arguments and show how the driver's negligence caused the accident.
Can I still file a claim if the police report says I was partially at fault?
Yes. California uses a "pure comparative negligence" standard. This means you can still recover damages even if you were partially to blame. Your final compensation would be reduced by your percentage of fault. For example, if you were 10% at fault, your settlement would be reduced by 10%. We work to minimize any percentage of fault assigned to you.
How long do I have to file a bicycle accident lawsuit in Bakersfield?
The statute of limitations for most personal injury claims in California is two years from the date of the accident, as specified in the California Code of Civil Procedure 335.1. However, if your claim involves a government entity, the deadline is much shorter—you typically have only six months to file a formal claim under Government Code section 911.2. It is best to consult with a lawyer to determine the eligibility of your case.
What if a dangerous road condition caused my crash?
If a dangerous condition on public property caused your accident, you may have a claim against the government entity responsible for road maintenance (e.g., the City of Bakersfield or Kern County). These cases have different rules and much shorter deadlines. You must act quickly to preserve your right to file a claim.
What happens if the driver who hit me is uninsured?
This is a common concern. If the at-fault driver has no insurance or not enough to cover your damages, you may still be able to recover compensation through your own auto insurance policy's Uninsured/Underinsured Motorist (UM/UIM) coverage. We can thoroughly review your policy and all other potential sources of recovery.
Will I have to go to court?
The vast majority of personal injury cases settle out of court. Our primary goal is to secure a fair settlement for you through negotiation. However, we prepare every case as if it will go to trial. If the insurance company refuses to make a fair offer, we are fully prepared to take your case before a judge and jury.
