Bicycle Accident FAQs

Based in San Jose, California, the experienced attorneys at Needham, Kepner, Fish & Jones assist people throughout the San Francisco Bay Area who have suffered injuries in a bicycle or scooter accident.  Below are answers to questions we often receive about bicycle accident matters.  For further information, or to speak with an experienced attorney, contact us today.

Q: If my accident was caused by a defective road, can I sue the government?
A: If your accident occurred because of a roadway being dangerous due to poor maintenance, defective construction, lack of repair, poor signage, or other unsafe condition, you can sue the governmental body in charge of maintaining that roadway.  It is important to know, however, that there are more limits in place than if you were suing a private defendant.  Generally, California law allows you two years from the date of accident or injury to file a lawsuit against a private person or business.  However, to sue the state government, you must provide written notification of your claim within six months of the injury and then wait six months before filing the lawsuit to allow the government time to settle your case.   

Q: Do bicyclists automatically have a right of way?
A: No.  Unlike pedestrians, bicycles are treated similarly to automobiles.  This means you must follow the same rules of the road as cars, such as following traffic lights, stop signs, and yielding to pedestrians.  There are also additional Vehicle Code regulations bicyclists must follow. 

Q: If I violate a traffic regulation, can I still recover for my injuries?
A: In many cases, you can still recover, although your recovery might be reduced by the percentage you were at fault.  For example, if you failed to yield and that failure was 20% responsible for your accident, your recovery would be reduced by 20%.  The best thing to do is contact a qualified attorney as soon as possible.  We can go over the facts of the case and investigate whether you played a partial role in causing your accident.

Q: What are the helmet requirements in California?
A: California currently requires bicyclists younger than 18 years old to wear helmets.  Even though adult riders are not required to wear helmets in most of California, a properly fitting helmet can greatly reduce the risk of serious head injuries should a crash occur.  In addition, select city and county regulations extend helmet requirements to riders of all ages.