Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents cyclists injured in bicycle accidents throughout Modesto and Stanislaus County. A bicyclist struck by a car, truck, or other vehicle has little protection against the force of the impact. Serious injuries — traumatic brain injury, spinal cord damage, fractures, and road rash requiring surgical intervention — are common outcomes. This page explains the legal framework that governs bicycle accident claims and the verified crash data that reflects the scope of Modesto's bicycle safety problem.

Modesto Bicycle Accident Data

California's Office of Traffic Safety compiles annual crash data for every city in the state and ranks each city against comparable communities after adjusting for population and miles driven. In 2023, the OTS compared Modesto to 62 California cities of similar size. Modesto recorded 73 bicycle crash victims killed or injured, ranking the city 10th out of 62 comparable cities. Bicyclists under 15 years old accounted for 8 of those victims, ranking Modesto 18th out of 62 in that category.

These figures reflect crashes on Modesto's roadways, multi-use paths, and intersections. The city's grid of surface streets, including McHenry Avenue, Coffee Road, Briggsmore Avenue, and Tully Road, carries significant bicycle traffic alongside motor vehicles. Door-zone conflicts in commercial areas and failure-to-yield crashes at intersections are consistent patterns in bicycle accident cases throughout Stanislaus County.

The Legal Rights of Bicyclists Under California Law

Bicyclists have the same rights and responsibilities as motor vehicle operators on California roads. Vehicle Code section 21200 provides that a person riding a bicycle upon a highway has all the rights applicable to the driver of a vehicle, subject to the provisions of Division 11 of the Vehicle Code that are applicable to bicycles.

Several Vehicle Code provisions establish duties specific to the interaction between motor vehicles and bicyclists. Violations of these provisions by a driver constitute negligence per se when they cause injury to a cyclist.

Vehicle Code section 21760, the Three Feet for Safety Act, requires a driver of a motor vehicle overtaking and passing a bicycle proceeding in the same direction to pass at a safe distance of not less than three feet between any part of the motor vehicle and any part of the bicycle or its operator. A violation of this section that causes injury is negligence per se.

Vehicle Code section 21202 requires a bicyclist to ride as close as practicable to the right-hand curb or edge of the roadway, subject to enumerated exceptions including when the lane is too narrow for a bicycle and a vehicle to travel safely side by side, when overtaking and passing another vehicle, when preparing for a left turn, and when necessary to avoid hazards. This section is commonly cited by defense counsel to argue comparative fault, but its exceptions are broad and frequently applicable.

Vehicle Code section 22517 prohibits a person from opening a door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of traffic. Dooring crashes — where a driver or passenger opens a car door into the path of an oncoming cyclist — are negligence per se under this section.

Vehicle Code section 21950 requires drivers to yield to pedestrians and, by extension, to bicyclists using crosswalks. At intersections, Vehicle Code section 21801(a) requires a driver making a left turn to yield to oncoming traffic, including bicyclists.

Helmet Use and Comparative Fault

California law requires riders under 18 to wear a bicycle helmet under Vehicle Code section 21212. Helmets are not legally required for adult riders. Where an adult cyclist was not wearing a helmet, the defense may argue that the failure to wear a helmet constitutes comparative fault that should reduce the damages award. Under California's pure comparative fault system established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, any comparative fault attributable to the cyclist reduces but does not eliminate recovery. The absence of a helmet is not a bar to recovery and is only relevant to whether it increased the extent of head injuries actually suffered.

Damages

Civil Code section 3333 provides that the measure of damages for a tort is the amount that will compensate for all detriment proximately caused by the negligent conduct. Civil Code section 3281 confirms that every person who suffers detriment from an unlawful act is entitled to compensation. Civil Code section 3283 extends that entitlement to future damages that are certain to result.

Compensable damages in a bicycle accident case typically include past and future medical expenses, past and future lost earnings or earning capacity, the cost of bicycle repair or replacement, and non-economic damages for pain, suffering, scarring, and loss of enjoyment of life. The eggshell plaintiff rule applies: a defendant who injures a cyclist with a pre-existing condition is responsible for the full extent of the harm caused or aggravated, even if the injury is more severe than it would have been for a healthier person.

Filing Deadlines

California Code of Civil Procedure section 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts, including minority for injured riders under 18. If a government entity's roadway design or maintenance contributed to the crash, a claim under Government Code section 911.2 must be filed within six months of the incident, and Government Code section 945.6 then requires a lawsuit within six months after rejection. Contact Attorney Michael Rehm promptly to assess the timeline in your case.

Stanislaus County Superior Court

Bicycle accident lawsuits filed on behalf of Modesto and Stanislaus County residents are filed in the Stanislaus County Superior Court, City Towers Building, 801 10th Street, Modesto, CA 95354. The court has 21 judges and three commissioners. Civil cases are directly assigned to a single judicial officer for all purposes, including trial. Represented parties are subject to mandatory electronic filing. All general civil cases are required to participate in a mandatory settlement conference approximately 15 days before trial. Stanislaus County Superior Court judicial statistics are available through the California Judicial Council court statistics portal.

Related Pages

• Modesto Personal Injury Attorney
• Modesto Car Accident Attorney
• Modesto Pedestrian Accident Attorney
• Modesto Wrongful Death Attorney
• Modesto Truck Accident Attorney

Representation on a Contingency Fee Basis

Attorney Michael Rehm handles bicycle accident cases throughout Modesto and Stanislaus 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.