Can I File a Bike Accident Claim for a Bike Sharing Crash?
If you’ve been hurt in a bikeshare crash, whether as a rider, pedestrian, or driver, you can file a bike accident claim to receive compensation for the damages you incur. However, you must clearly identify who the at-fault party is and have evidence to show their actions caused the accident and the resulting damages.
Read on to learn more about bikeshare accidents in California and how to manage your case when involved in such a situation, protecting your health, well-being, and rights.
What Is Bikeshare and How Does It Work?
Bikeshare programs offer residents and visitors a fast, affordable way to get around the city. These shared bikes, including e-bikes, can be rented and returned at stations conveniently located near transit hubs, parks, schools, and busy downtown areas. With just a few taps on your phone, you can unlock a bike, ride across town, and dock it at your destination.
Many bikeshare systems offer flexible options, such as ride once or grab a low-cost subscription that is often cheaper than public transport or owning a car. Some cities even integrate bike-share access with their transit cards, making it easier than ever to choose a greener, healthier way to travel.
The Rise of Bikesharing and the Risks You Should Know
Bikeshare systems have expanded rapidly in cities like Los Angeles, San Diego, and San Francisco, promising clean transportation and fewer cars on the road. However, with more riders, especially inexperienced ones, comes an increased risk of bike-related accidents. These include:
- Riders are injured due to poorly maintained bikes or broken docking stations
- Pedestrians hit by careless or speeding cyclists
- Motorists swerving to avoid bikeshare users riding unpredictably
Additionally, bikeshare users often don’t wear helmets, and they may not know the rules of the road, making them more vulnerable to severe injuries.
How Often Do Bikeshare Accidents Happen?
Across the United States, studies show that bikeshare users experience fewer injuries and collisions compared to personal cyclists. Experts attribute this to thoughtfully designed bikes, built-in safety features, and riders’ tendency to be more cautious. In many ways, these programs open the door to safer, greener, and more connected communities.
But there’s still significant work to do. One concerning trend is the lower rate of helmet use among bikeshare riders. In fact, researchers found that in cities with bikeshare systems, head injuries among cyclists rose by 14%. This highlights a clear call to action: we must prioritize access to helmets and promote a culture of safety alongside the convenience bike-share offers.
Can I File a Claim After a Bikeshare Accident?
Yes, you may have legal grounds to file a personal injury claim, but your options depend on the circumstances. Here’s what a bike accident attorney would look for:
- Was the accident caused by someone else’s wrongful actions or negligence?
This could be a driver who hit you, another cyclist who violated traffic laws, or even the city for failing to maintain safe roads or bike lanes.
- Was the bikeshare company at fault?
If the bike was defective, had faulty brakes, or the app system glitched, you could have a claim against the bikeshare provider.
- Are you a pedestrian hit by a bikeshare rider?
You may be able to file a claim against the rider’s personal insurance or pursue alternative paths for compensation.
- Is there evidence, such as video or witness accounts?
In congested urban areas, traffic cameras, rideshare dash cameras, or even store surveillance can help prove what happened.
If you answered yes to these questions, you may have the right to file a personal injury claim. However, if you miss out on some of the questions or are confused about your situation, you can seek legal guidance from an experienced bike accident lawyer who can assess your case and determine if you can pursue a case for compensation.
Who Can I File the Bike Accident Claim Against?
If you’re injured in a bikeshare crash in California, who you can file a bike accident claim against depends on how the accident happened and who was at fault. Here are the most common parties you may be able to hold liable:
A Negligent Driver
If a car hits you while you’re riding a bikeshare bike, the driver of the vehicle may be liable.
In California, all drivers have the legal duty to ensure safety when sharing the road with other users. If they neglect this duty, such as by speeding or running a red light, they are responsible for the damages the victim suffers.
When you file a claim against a driver, their auto insurance will likely be used to compensate for your damages.
The Bikeshare Company
The bikeshare company may be responsible if your accident was caused by:
- Faulty brakes
- Loose handlebars
- Worn-out chain
- Any other mechanical failure
These companies are legally obligated to ensure their bikes are safe, regularly maintained, and ready for use.
You may also have a bike accident claim if the docking stations were poorly placed, such as in areas with limited visibility, heavy traffic, or without safe access. In these cases, the company may be held negligent or liable for putting profit over public safety.
When you rent a bike, you trust that someone has done their job keeping you safe. If that trust is broken and you’re injured as a result, you have every right to seek accountability.
A City or Government Entity
California cities are responsible for maintaining bike lanes, signage, lighting, and pavement conditions. The government agency may be held accountable if your accident was caused by:
- A pothole or broken pavement
- Faded or missing bike lane markings
- Lack of signage at intersections
- Inadequate lighting in high-traffic areas
However, note that California law gives you only six months from the accident date to file a claim against a public entity.
Another Cyclist or Pedestrian
Not all bikeshare accidents involve vehicles. If you were injured because another cyclist swerved unpredictably, blew through a red light, or a pedestrian darted into your path, you can file a claim against them.
Just like motorists, cyclists and pedestrians have a duty of care; a responsibility to act reasonably and respect the safety of others around them. When they violate that duty and cause harm, they can be liable for your medical bills, lost wages, and emotional distress.
Being injured in a bikeshare accident can be disorienting and overwhelming, but you’re not alone. Knowing who may be legally responsible is the first step toward recovery and justice.
If you’re unsure where to turn, a trusted bike accident attorney can help you manage the process, preserve crucial evidence, and fight for the compensation you need to move forward.
How Much Compensation Can I Get for a Bikeshare Accident?
If you were hurt in a bike crash, you’re likely facing more than just physical pain. Medical bills start piling up, you may be missing work, your bike is ruined, and you might be afraid to ride again. If someone else’s carelessness caused your accident, you deserve compensation for every loss, seen and unseen.
Types of Compensation You May Be Entitled To
- Medical Expenses: From ER visits to surgeries, rehab, and future treatments, these costs can be crushing without help. Compensation can cover both current and anticipated medical care.
- Lost Income: Time off work adds another layer of stress. If your injuries keep you from earning now or in the future, you can seek recovery for that lost income and diminished earning capacity.
- Property Damage: You can include property damage, whether your bike needs repairs or a full replacement, in your bike accident claim.
- Pain and Suffering: This isn’t just about physical pain. The emotional fallout, such as anxiety, sleepless nights, depression, and even Post-Traumatic Stress Disorder, can impact your entire quality of life.
How do you put a dollar figure on the fear of getting back on your bike? Or the tightness in your chest whenever you hear a car behind you? These aren’t easy to calculate, but an experienced bike accident attorney can evaluate your total losses and fight for what’s fair.
Injured in a Bikeshare Accident? Here’s What to Do:
- Seek medical attention immediately, even if injuries seem minor.
- Document everything by taking photos, getting witness information, and saving the app receipt or rental data.
- Avoid giving statements to insurance representatives until you’ve spoken to an attorney.
- Call a trusted bike accident law firm like ours for a free case review.
You have the right to file a bike accident claim independently, but insurance companies count on that. They’ll often offer a quick, lowball settlement, hoping you’ll take it and walk away.
But you don’t have to settle for less.
At The Law Offices of Larry H. Parker, we’ve helped over 100,000 clients stand up to insurance companies, corporations, and negligent parties. We’re here to fight for the compensation and care you deserve.
Our skilled California bike accident lawyers can:
- Investigate your crash and preserve crucial evidence
- Push back against insurance companies that downplay your injuries
- Calculate the actual value of your claim
- Handle negotiations, or take your case to trial if needed
We know what you’re going through, and we know how to fight for the compensation you truly deserve. Call 800-333-0000 today for your free legal consultation and take that first step toward healing and justice.
Don’t wait to get legal help. Call our dedicated car accident attorneys today for a free case eval and peace of mind.
What Our Clients Say About Us
While many bike accident lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California car accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:
“I had a very nice experience with Larry H. Parker representing me. Every time I left a message, I would get calls back. It was a lengthy process, but I have nothing negative to say about their service. I highly recommend them.” -Veronica S.
Frequently Asked Questions About Bike Accident Claims
Need to learn more about bicycle accident claims? We want to help you! Here are common questions injured victims ask, which may clarify various aspects of your case.
- Why Won’t a California Personal Injury Attorney Take My Case?
- Who Is Liable for a Bike Crash Without Reflective Gear?
- Is a Cyclist Without a Helmet Liable for a Bike Accident?
- Did a Pothole Cause Your Bike Accident? Learn Who Could Be Held Accountable
References
Bikeshare is safer than riding personal bikes, new research says. (n.d.). Mobility Lab. https://mobilitylab.org/research/bike/bikeshare-safer-than-riding-personal-bikes-new-research-says/
Shocking Stats: Highlights glaring Issues with Rideshare E-Bikes. (n.d.). The Daily Telegraph. https://www.dailytelegraph.com.au/subscribe/news/1/?sourceCode=DTWEB_WRE170_a&dest=https%3A%2F%2Fwww.dailytelegraph.com.au%2Fnews%2Fnsw%2F15-per-cent-missing-helmets-costing-rideshare-ebike-users%2Fnews-story%2Fba13bcd55f1fa991a657030d54b46ea5&memtype=anon
What is a bike share program, and how does it work? (n.d.). Lyft Urban Solutions. https://lyfturbansolutions.com/blog/2022/01/what-is-a-bike-share-program-and-how-does-it-work
