Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents bicycle accident victims throughout Fresno and Fresno County. In 2023 (the most recent year for which data is currently available), the City of Fresno recorded 88 bicycle crash victims, ranking 14th among California's 15 largest cities. Fresno County as a whole recorded 144 bicycle victims, ranking 44th out of 58 counties. Among the city's most significant data points: cyclists under the age of 15 represented a disproportionate share of Fresno bicycle injuries — Fresno County ranked 57th out of 58 counties for bicycle injuries to riders under 15. These figures are drawn from the California Office of Traffic Safety 2023 Annual Report.

Fresno has a developing network of bicycle lanes on major arterials including Shaw Avenue, Blackstone Avenue, and Ventura Avenue. Most of these lanes are separated from traffic by paint only. Drivers turning across bike lanes without checking for cyclists, opening car doors into the path of oncoming riders, and failing to yield at intersections account for a significant share of Fresno bicycle crashes.

Legal Standard — Rights and Duties of Cyclists

Under California law, a bicycle is a vehicle. A cyclist operating on a roadway has the same rights and is subject to the same duties as a motor vehicle driver. Vehicle Code section 21200 expressly provides that every person riding a bicycle upon a highway has all the rights applicable to the driver of a vehicle. This means a driver owes a cyclist the same duty of care owed to any other vehicle on the road.

Vehicle Code section 21760 — California's Three Feet for Safety Act — requires drivers passing a bicycle in the same direction to provide a minimum three-foot clearance between the vehicle and the bicycle. Where passing with three feet is not possible due to traffic or highway conditions, the driver must slow to a reasonable and prudent speed and pass only when doing so will not endanger the cyclist. Violation of this requirement is negligence per se when the violation causes the cyclist's injury.

Vehicle Code section 22517 prohibits opening a vehicle door on the traffic side unless it can be done without interfering with the movement of traffic. Dooring — a parked driver opening the door into the path of an oncoming cyclist — is a vehicle code violation. The foundational duty is Civil Code section 1714(a), which holds every person responsible for injury caused by want of ordinary care. The full text of Civil Code section 1714 is at leginfo.legislature.ca.gov.

Comparative Fault and Helmet Use

California applies pure comparative fault under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A cyclist's recovery is reduced in proportion to his or her own fault but not eliminated. Where a cyclist was not wearing a helmet, the defense may argue that head injuries would have been less severe with helmet use. California does not require adults to wear bicycle helmets — the requirement applies to riders under 18 under Vehicle Code section 21212. For adult riders, helmet non-use may be raised as comparative fault going to the severity of head injuries, not as a bar to recovery. Whether it reduced injuries in a specific case is a medical causation question.

Injuries in Bicycle Accidents

The injury profile in a bicycle collision reflects the exposure of the rider's body to direct impact. Road rash injuries, clavicle fractures, wrist fractures from bracing for impact, rib fractures, and traumatic brain injury are common. A cyclist struck by a vehicle typically experiences both a primary impact from the vehicle and a secondary impact with the ground. Spinal cord injuries, pelvic fractures, and internal organ damage occur in higher-speed collisions. Children are at additional risk from the geometry of the collision — a child on a bicycle is at hood height rather than bumper height for many vehicles, concentrating impact force higher on the body.

Damages

Recoverable damages under Civil Code section 3333 include medical expenses incurred and future care costs, lost wages and earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. For fatal bicycle accidents, wrongful death damages are available to the family under Code of Civil Procedure section 377.60.

Filing a Lawsuit in Fresno County Superior Court

Bicycle accident lawsuits arising in Fresno County are filed in the Fresno County Superior Court, B.F. Sisk Courthouse, 1130 O Street, Fresno, CA 93721. Electronic filing is mandatory for represented parties under Code of Civil Procedure section 1010.6(g).

Statute of Limitations

The statute of limitations for personal injury claims is two years from the date of injury under Code of Civil Procedure section 335.1. Missing this deadline can potentially bar a lawsuit. The statute of limitations is an affirmative defense that must be raised and proven by the defendant. Tolling doctrines apply including minority tolling for injured children. Claims against public entities require a tort claim within six months under Government Code section 911.2. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Related Pages

• Fresno Personal Injury Attorney
• Fresno Pedestrian Accident Attorney
• Fresno Car Accident Attorney
• Fresno Brain Injury Attorney
• Fresno Wrongful Death Attorney

Attorney Michael Rehm handles bicycle accident cases throughout Fresno and Fresno County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.