If a car hit you while riding, a bicycle accident lawyer in Bakersfield can help you recover money for your injuries. First, get medical care right away. Then, keep every bill and photo. Also, do not give the driver's insurance company a recorded statement yet. Instead, call Madrigal Law for a free case review and talk directly with attorney Jaime Madrigal.
How Bicycle Accident Claims Work in Bakersfield
A bicycle accident claim starts with proof. First, your bicycle accident lawyer in Bakersfield gathers the police report, photos, and medical records. Then, he finds every driver and insurance policy that may owe you money. Because Bakersfield spreads across wide, fast roads like Ming Avenue, White Lane, Rosedale Highway, Stockdale Highway, Chester Avenue, and Union Avenue, many bicycle accidents happen where cars and cyclists meet at busy intersections.
Next, your lawyer deals with the insurance company for you. Insurers move fast, and they often call within days to offer a quick, low payment. However, that first offer rarely covers your future medical care. Therefore, you should talk to a lawyer before you sign anything.
Evidence disappears quickly after a crash. For example, skid marks fade, and traffic cameras record over old footage. Therefore, you should act fast. First, call 911 and report the collision. Then, take photos of the scene, the vehicle, and your injuries if you can. Also, get the names of any witnesses. Later, your team can request camera video and the full police report on your behalf.
Meanwhile, you focus on healing. Since the firm works on contingency, you pay nothing up front. In fact, you owe no fee at all unless Jaime wins your case.
Common Bicycle Accident Injuries and Causes
A cyclist has no metal frame, no airbag, and no seatbelt. As a result, even a low-speed crash can cause serious harm. Common injuries in bicycle accidents include:
- Head injuries, concussions, and traumatic brain injury
- Broken bones and fractures
- Spinal cord and back injuries
- Road rash, deep cuts, and lasting scars
- Internal injuries and internal bleeding
- Dental and facial injuries
These injuries are often severe because your body absorbs the full force of the impact. In fact, a head injury or a spinal injury can change your life in a single moment. A helmet helps, yet it cannot stop every serious injury.
Many Bakersfield bicycle accidents share the same common causes. For example, drivers speed, run red lights, or turn across a bike lane without looking. In addition, distracted driving and drunk driving raise the risk for every cyclist on the road. Some of the most common causes of bicycle accidents include:
- Unsafe passing. A driver squeezes past a rider with only inches to spare.
- Dooring. A driver opens a car door into the path of a passing cyclist.
- Right-hook and left-hook turns. A driver turns directly across a bike lane.
- Failure to yield. A driver pulls out from a driveway or side street.
- Distracted driving. A driver looks at a phone instead of the road.
An experienced bicycle accident lawyer in Bakersfield knows these local danger spots. As a bike accident lawyer in Bakersfield, Jaime studies each of these factors to build your case. He also maps the streets where bicycle accidents happen most, including fast arterials near CSU Bakersfield, Bakersfield College, and the Kern River bike path. The common causes of bicycle accidents rarely change, so following the evidence often points straight to the driver at fault.
The attorneys who win these cases dig into details. For example, a bicycle accident lawyer in Bakersfield may pull the driver's phone records, the vehicle's black box, and nearby camera footage. In addition, an accident reconstruction expert can show exactly how the collision happened. As a result, the driver's insurance company cannot easily shift the blame onto you.
What Is My Bicycle Accident Case Worth?
Every case is different, so no honest lawyer can promise a number. However, most claims cover a few main types of compensation. In general, you may seek money for:
- Medical bills, both now and in the future
- Lost wages and lost earning power
- Pain and suffering for physical and emotional harm
- Property damage, such as a broken bicycle, helmet, or phone
- Long-term care if your injuries do not fully heal
The value of your claim depends on your injuries, your recovery, and who was at fault. For example, a broken wrist that heals is worth less than a permanent brain injury. Because the expenses add up quickly, you should not accept a fast offer before you know your full costs. A bicycle accident lawyer in Bakersfield can help you count every dollar you are owed.
Insurance companies try to pay you as little as possible. For example, an adjuster may sound friendly and helpful. However, that same adjuster works to protect the company, not you. In addition, insurers often argue that the cyclist caused the crash. So they may claim you ran a stop sign or rode outside the bike lane. Because these arguments lower your compensation, you need someone who pushes back with real evidence.
Cost should never keep you from asking. Madrigal Law works on a contingency fee, which means the firm takes an agreed percentage of the recovery instead of an hourly bill. So you pay nothing up front, you owe no fee unless Jaime wins, and your first consultation is free. In practice, the legal team advances the work while you heal, and the fee comes out of the settlement or verdict at the end. Therefore, hiring a bicycle accident lawyer in Bakersfield costs you nothing to start.
California Law You Should Know
California gives cyclists strong rights on the road, but strict deadlines apply. Here is what matters most.
The deadline to file. In general, you have two years from the date of your injury to file a personal injury lawsuit (California Code of Civil Procedure section 335.1). This is the statute of limitations, and it is a hard deadline. However, if a public entity is involved, your window can be much shorter. For example, a claim against a city or county for a dangerous road or bike lane design may be due in as little as six months. Therefore, you should call a lawyer quickly. In fact, a bicycle accident lawyer in Bakersfield can protect your claim before a deadline passes.
Cyclists have the rights of a driver. Under California Vehicle Code section 21200, a person riding a bicycle on the road has the same rights and duties as the driver of a car. So drivers must share the road with you, and you must follow the same traffic laws.
The Three Feet for Safety Act. Under California Vehicle Code section 21760, a driver who passes a cyclist must leave at least three feet of space. When three feet is not safe, the driver must slow down and pass only when no danger exists. A driver who ignores this rule and hits you may be at fault for your bicycle accident.
Where to ride and bike lanes. Under California Vehicle Code section 21202, a cyclist moving slower than traffic should ride as near to the right side of the road as is safe. Still, you may leave that position to avoid hazards, to pass, or to make a left turn. So riding outside a narrow spot does not automatically make the crash your fault.
Comparative fault. California follows pure comparative fault. This rule means you can still recover money even if you were partly at fault. However, the court reduces your award by your share of the blame. For example, if you were 20 percent at fault, you receive 80 percent of your damages. Because insurers love to blame the cyclist, a bicycle injury lawyer in Bakersfield protects you from unfair blame.
Hit-and-run and uninsured drivers. Sometimes the driver flees the scene or has no insurance. Even so, you may still have options. For example, your own auto policy may help through uninsured motorist coverage, even though you were on a bicycle. Therefore, do not assume you have no case. Instead, ask a lawyer to check every policy that may apply to your crash.
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Why Choose Bakersfield Attorney Jaime Madrigal
Most firms hand you to a case manager. Madrigal Law is different. Here, you work directly with attorney Jaime Madrigal from your first call to your final check. Because he speaks English and Spanish, he guides every client in the language they know best. This direct attorney access means your questions reach the person who actually handles your case.
Jaime earned his law degree cum laude from Willamette University College of Law, and he is licensed in California and Oregon. Before he founded Madrigal Law, he handled personal injury, wrongful death, premises liability, and motor vehicle collisions. In fact, he has helped recover millions for injured clients over the course of his career.* He is also a member of the Oregon Trial Lawyers Association and the American Association for Justice.
You do not need to visit an office. Instead, Jaime comes to you by phone, text, video, or in person. When a case goes to court, Kern County injury claims are heard at the Kern County Superior Court in Bakersfield. As your bicycle accident lawyer in Bakersfield, Jaime handles the fight so you can focus on healing. His support team keeps your case moving while he leads the legal strategy.
What to Know Before You Call a Bicycle Accident Lawyer in Bakersfield
Most injured cyclists have never hired a lawyer before. So here is the practical information you need to make an informed decision, in plain language, before you pick up the phone. Knowing how a bicycle accident lawyer in Bakersfield works, what a claim costs, and how insurers behave puts you on even footing from day one.
The Fee Comes Out of the Recovery, Not Your Pocket
Madrigal Law handles bicycle accidents on a contingency fee. In short, you pay no fee unless Jaime wins your case. The consultation is free, the firm advances the costs of building the claim, and the agreed percentage comes out of the settlement or verdict at the end. Your fee agreement spells out the percentage and the case expenses in writing before you sign, and you should read it carefully and ask questions. Because of this structure, a person with no savings can hire the same bicycle accident lawyer in Bakersfield as a person with a full bank account.
Most Claims Take Months, and Serious Ones Take Longer
A simple bicycle accident claim with a clear at-fault driver and a short course of medical treatment may resolve in a few months. However, a serious claim involving surgery, a brain injury, or a disputed fault story often takes a year or more, especially if a lawsuit becomes necessary. One reason is medical: your lawyer usually cannot value your claim until your doctors know whether you have healed or whether you need long-term care. Therefore, speed and full value pull against each other, and rushing a settlement is usually how cyclists leave money behind. Your bicycle accident lawyer in Bakersfield should tell you honestly where your case sits on that timeline.
The First Insurance Offer Is Almost Always Low
An adjuster may call within days with a check that feels like relief. However, that first offer usually lands before anyone knows the full picture, and it rarely accounts for future surgery, physical therapy, lost earning power, or the pain of a long recovery. In addition, a settlement is final. Once you sign the release, you cannot go back and ask for more, even if your injury turns out to be worse than anyone thought. So the safest move is simple: get the offer in writing, then let a bicycle accident attorney in Bakersfield review it before you accept anything.
Drivers and Insurers Will Try to Blame the Cyclist
Blaming the rider is the cheapest defense available, so expect it. Common claims are that you ran a stop sign, rode against traffic, wore no helmet, wore dark clothing, or drifted outside the bike lane. What many cyclists do not know is that partial blame does not end your claim. California follows pure comparative fault, so you can still recover compensation even if you share some of the fault. The court simply reduces your damages by your percentage. For example, if you were 20 percent at fault, you still receive 80 percent of your damages.
Even so, every percentage point matters, which is why evidence such as camera footage, witness statements, the driver's phone records, and an accident reconstruction expert is worth the effort. It is also why the Three Feet for Safety Act and cyclist right-of-way rules matter so much: when a driver passed you with inches to spare or turned across your bike lane, the law, not the insurer's story, decides who was wrong.
What You Say to an Adjuster Can Cost You
You must report the collision to your own insurance company. However, you are not required to give the other driver's insurer a recorded statement, and you should not do so before you talk with a lawyer. A few habits protect your claim, and a bicycle accident lawyer in Bakersfield will walk you through them on the first call.
Do not guess at speeds, distances, or how the crash happened. Do not say "I am fine" or "it was partly my fault," because injuries like concussions and disc injuries often surface days later, and fault is a legal conclusion, not a courtesy. Do not sign a blanket medical release that hands over your entire health history. Also, keep your crash off social media, since photos and posts are routinely used to argue that a cyclist is not really hurt. Instead, refer the adjuster to your bicycle accident lawyer in Bakersfield and let the calls stop.
You Can Handle Your Whole Case in Spanish
Language should never be the reason a hurt cyclist stays quiet. Jaime Madrigal is bilingual, so he speaks with clients directly in English or Spanish, from the first call through the final check, with no interpreter standing between you and your attorney. Se habla español. La consulta es gratis, y usted no paga nada a menos que ganemos su caso. Immigration status does not bar an injured person from bringing a personal injury claim in California, and Madrigal Law does not ask you to prove it before helping you.
A Short Checklist Before the Call
- Get medical care and keep following your doctor's instructions.
- Save photos of the scene, your bicycle, your helmet, and your injuries.
- Collect the police report number and any witness names.
- Write down what you remember while it is fresh.
- Do not give a recorded statement or accept an offer first.
- Call for a free case review well before the two year deadline.