California Bicycle Accident Collarbone Fracture Lawyer

The clavicle, or collarbone, is one of the most frequently fractured bones in bicycle accidents due to its anatomical position and the mechanics of cycling falls. When a cyclist is thrown from their bike or collides with a vehicle, the impact force travels through the outstretched arm and concentrates at the collarbone, which acts as a structural strut between the torso and shoulder. This bone is particularly vulnerable because it is relatively thin and lacks the muscular protection that surrounds other bones in the body.

Collarbone fractures are classified into three types based on their location: middle-third fractures (the most common, accounting for about 80% of cases), distal-third fractures (occurring near the shoulder), and proximal-third fractures (near the sternum). The severity can range from hairline cracks to complete breaks where the bone fragments are displaced or even pierce through the skin in compound fractures. Symptoms include immediate sharp pain, visible deformity or bump at the fracture site, inability to lift the arm, swelling, bruising, and a grinding sensation when attempting to move the shoulder.

Medical diagnosis typically involves physical examination followed by X-rays to confirm the fracture and assess its severity. In complex cases, CT scans may be ordered to evaluate bone fragment positioning and plan surgical intervention. Treatment depends on the fracture type: simple fractures may heal with immobilization using a figure-eight brace or arm sling for 6-12 weeks, while displaced or comminuted fractures often require open reduction and internal fixation (ORIF) surgery. Recovery can take 3-6 months, with physical therapy essential for regaining strength and range of motion. If you've suffered a bicycle accident resulting in a collarbone fracture, seeking immediate medical attention and legal counsel is crucial for protecting both your health and your rights.

Collarbone fractures in bicycle accidents typically result from specific collision scenarios and driver negligence. The most common cause is the "right hook" accident, where a motorist turns right directly into the path of a cyclist traveling straight through an intersection or alongside traffic. The sudden impact throws the cyclist forward and to the side, causing them to land on their shoulder and fracture the clavicle. Similarly, "left cross" collisions occur when a driver turning left fails to yield to an oncoming cyclist, resulting in a T-bone impact that catapults the rider over the handlebars.

Dooring accidents are another frequent cause of collarbone fractures in urban California areas. When a driver or passenger opens a car door into the path of a passing cyclist without checking their mirrors, the cyclist has no time to react and either collides directly with the door or swerves violently to avoid it, often resulting in a fall onto the shoulder. Distracted driving has become an epidemic contributor to these accidents, with motorists texting, adjusting GPS devices, or engaging with in-vehicle entertainment systems while failing to notice cyclists sharing the roadway.

Infrastructure failures also play a significant role. Poorly maintained bike lanes with potholes, debris, or sudden surface transitions can cause cyclists to lose control and crash. Construction zones without proper signage or barriers force cyclists into dangerous situations where they must merge with fast-moving traffic. Additionally, speeding drivers who fail to maintain safe distances when passing cyclists create dangerous wind turbulence and leave no margin for error. In many cases, multiple factors combine—such as a speeding, distracted driver in a poorly designed intersection—to create the perfect storm for a catastrophic bicycle accident. Understanding these common causes is essential for building a strong legal case and identifying all potentially liable parties.

California has enacted comprehensive laws designed to protect cyclists and establish clear rules for sharing the road. The California Vehicle Code Section 21200 states that cyclists have the same rights and responsibilities as motor vehicle operators, meaning they are entitled to use public roadways and must be afforded the same respect and caution. Section 21202 requires cyclists to ride as close to the right-hand curb as practicable, except when passing, preparing for a left turn, or when the lane is too narrow to share safely with a motor vehicle.

Critically, California Vehicle Code Section 21760 mandates that motorists must maintain a minimum three-foot distance when passing a cyclist. Violations of this "three-foot rule" that result in injury can establish negligence per se, meaning the driver's violation of the statute is considered automatic proof of negligence in a civil lawsuit. Additionally, Section 22107 requires drivers to signal their intentions before turning or changing lanes, and Section 22517 prohibits opening vehicle doors into traffic without first ensuring it is safe to do so—directly addressing the dooring accidents that frequently cause collarbone fractures.

When a bicycle accident occurs, liability is determined based on negligence principles. The injured cyclist must prove that the defendant owed them a duty of care, breached that duty through action or inaction, and that this breach directly caused their injuries and damages. In many cases, police reports, witness statements, traffic camera footage, and accident reconstruction can establish fault. California follows a pure comparative negligence system under Civil Code Section 1714, meaning even if a cyclist is partially at fault for an accident, they can still recover damages reduced by their percentage of fault. For example, if you're found 20% at fault for not having proper lighting at night, you can still recover 80% of your damages. Consulting with an experienced personal injury attorney who understands these nuances is essential for maximizing your recovery.

The medical treatment pathway for a collarbone fracture begins in the emergency room, where physicians conduct a thorough physical examination and order diagnostic imaging. X-rays are the primary tool for confirming the fracture and assessing its severity, though CT scans may be necessary for complex fractures involving multiple fragments or joint involvement. Initial treatment focuses on pain management and immobilization to prevent further injury and allow the healing process to begin.

For non-displaced or minimally displaced fractures, conservative treatment is typically sufficient. This involves wearing a figure-eight brace or arm sling to keep the shoulder immobilized and the bone fragments in proper alignment. Patients are prescribed pain medications, including NSAIDs and sometimes stronger analgesics for the first few weeks. Ice application and elevation help reduce swelling. Follow-up X-rays at regular intervals ensure the bone is healing correctly. Most simple fractures heal within 6-12 weeks, though full strength and function may take several additional months to return.

Displaced fractures, comminuted fractures (where the bone is broken into multiple pieces), or fractures that involve the joints often require surgical intervention. Open reduction and internal fixation (ORIF) surgery involves making an incision over the fracture site, realigning the bone fragments, and securing them with metal plates and screws. In some cases, intramedullary rods are inserted through the bone's hollow center. Surgery carries risks including infection, nerve damage, blood vessel injury, and hardware complications. Post-surgical recovery involves several weeks of immobilization followed by extensive physical therapy to restore range of motion, strength, and function. Some patients experience long-term complications such as chronic pain, arthritis, shoulder stiffness, nerve damage causing numbness or tingling, malunion (improper healing), nonunion (failure to heal), or prominent hardware requiring removal. These complications can significantly impact quality of life and may necessitate additional surgeries and ongoing medical care. Documenting all medical treatment is crucial for your bicycle accident claim, as it establishes the full extent of your injuries and the compensation you deserve.

When pursuing compensation for a collarbone fracture sustained in a bicycle accident, California law allows victims to recover both economic and non-economic damages. Economic damages are quantifiable financial losses that can be calculated with relative precision. These include all past and future medical expenses related to the injury: emergency room visits, diagnostic imaging, orthopedic consultations, surgical procedures, hospital stays, prescription medications, medical equipment (braces, slings), physical therapy sessions, and any anticipated future medical care such as hardware removal or treatment for complications.

Lost wages represent another significant component of economic damages. If your collarbone fracture prevented you from working during recovery, you're entitled to compensation for all income lost during that period. This includes not only your regular salary but also bonuses, commissions, and benefits you would have earned. For severe fractures requiring surgery and extended recovery, victims may face months away from work. Additionally, if your injury results in permanent limitations that reduce your earning capacity—such as a manual laborer who can no longer perform heavy lifting or an athlete whose career is ended—you can claim compensation for diminished future earnings. Economic damages also include property damage to your bicycle, clothing, helmet, and any other personal items damaged in the accident.

Non-economic damages compensate for intangible losses that don't have a specific dollar value but profoundly impact your life. Pain and suffering encompasses the physical pain endured from the initial injury through recovery, including the discomfort of surgery, rehabilitation, and any chronic pain that persists. Emotional distress addresses the psychological impact: anxiety, depression, PTSD, fear of cycling again, and the emotional toll of dealing with a serious injury. Loss of enjoyment of life compensates for your inability to participate in activities you previously enjoyed, whether recreational cycling, sports, hobbies, or daily activities now limited by your injury. Disfigurement and scarring from surgical incisions can also warrant additional compensation, particularly if they're visible and permanent. California does not cap non-economic damages in most personal injury cases, allowing juries to award amounts they deem appropriate based on the severity and impact of the injuries. An experienced bicycle accident lawyer will work with medical experts, economists, and vocational specialists to accurately calculate the full value of your claim and fight for maximum compensation.

The legal process for recovering compensation after a bicycle accident collarbone fracture begins immediately after the incident. First, seek medical attention without delay—even if you believe your injuries are minor, as adrenaline can mask pain and some symptoms may not appear immediately. Call 911 to report the accident and request police response. The police report will document the scene, gather witness statements, and often include the officer's determination of fault, which becomes crucial evidence in your claim. Collect information from all parties involved, including driver's license numbers, insurance information, vehicle details, and contact information for witnesses. If possible, photograph the accident scene, vehicle damage, road conditions, traffic signs, and your injuries.

Once you've received initial medical treatment, contact a qualified California bicycle accident attorney as soon as possible. Most personal injury lawyers offer free consultations and work on a contingency fee basis, meaning you pay nothing unless they recover compensation for you. Your attorney will immediately begin investigating the accident, gathering evidence, obtaining police reports and medical records, interviewing witnesses, and consulting with accident reconstruction experts if necessary. They'll also send a preservation letter to the at-fault driver's insurance company to ensure critical evidence like dashcam footage or vehicle data recorders is not destroyed.

Your attorney will then file a claim with the at-fault driver's insurance company, presenting a demand package that includes all evidence of liability and damages. California law requires drivers to carry minimum liability insurance of $15,000 per person for bodily injury, though many drivers carry higher limits. The insurance company will assign an adjuster to investigate the claim. Be cautious: insurance adjusters work for the insurance company, not for you, and their goal is to minimize the payout. Never provide a recorded statement or sign any documents without consulting your attorney first. Your lawyer will handle all communications with the insurance company, negotiating for a fair settlement that covers all your damages. If the insurance company refuses to offer adequate compensation, your attorney may file a lawsuit and take the case to trial. California's statute of limitations for personal injury claims is two years from the date of the accident, so it's crucial to act promptly. Throughout this process, continue following your doctor's treatment plan and keep detailed records of all medical appointments, expenses, and how your injuries impact your daily life. For guidance through every step, consult with a personal injury attorney who specializes in bicycle accident cases.

Bicycle accident cases involving collarbone fractures present unique legal and medical complexities that require specialized knowledge and experience. Unlike standard car accident cases, bicycle accidents often involve bias against cyclists, with insurance companies and even juries sometimes assuming the cyclist was at fault or took unnecessary risks. An attorney who specializes in bicycle accidents understands these prejudices and knows how to counter them with evidence and expert testimony demonstrating that cyclists have equal rights to the road and that the motorist violated traffic laws designed to protect vulnerable road users.

Specialized bicycle accident attorneys have established relationships with medical experts who can testify about the severity of collarbone fractures, the necessity of surgical intervention, the likelihood of long-term complications, and the impact on your quality of life. They work with orthopedic surgeons, physical therapists, and vocational rehabilitation specialists who can provide detailed reports supporting your claim for both economic and non-economic damages. These experts can explain to insurance adjusters and juries why a collarbone fracture is not a minor injury but rather a serious trauma that can have lifelong consequences, particularly for active individuals whose careers or lifestyles depend on full shoulder function.

Additionally, experienced bicycle accident lawyers understand the specific California Vehicle Code sections that protect cyclists and can identify all potential sources of liability and compensation. Beyond the at-fault driver, there may be additional defendants such as the driver's employer (if they were working at the time), a vehicle manufacturer (if a defect contributed to the accident), or a government entity (if poor road design or maintenance played a role). They can also identify all available insurance policies, including the driver's liability coverage, your own underinsured/uninsured motorist coverage, and any umbrella policies that might apply. This comprehensive approach ensures you pursue every available avenue for compensation. Most importantly, having an attorney allows you to focus on your recovery while they handle the legal complexities, negotiate with insurance companies, and fight for the maximum compensation you deserve. Don't face this challenging time alone—contact a qualified bicycle accident attorney today for a free consultation.

Successfully recovering compensation for a collarbone fracture sustained in a bicycle accident requires proving that the defendant was negligent and that their negligence directly caused your injuries. Under California law, negligence consists of four elements: duty, breach, causation, and damages. First, you must establish that the defendant owed you a duty of care. All motorists have a legal duty to operate their vehicles safely and to watch for and yield to cyclists who have the right of way. This duty is codified in numerous California Vehicle Code sections, including the three-foot passing rule and requirements to signal before turning.

Second, you must prove the defendant breached this duty through action or inaction. Common breaches include failing to check blind spots before changing lanes, turning without signaling, opening a car door without looking, speeding, driving while distracted by a phone or other device, driving under the influence, or failing to yield the right of way at intersections. Evidence of breach can come from multiple sources: the police report may cite the driver for a traffic violation; witness statements may describe the driver's reckless behavior; traffic camera or dashcam footage may capture the collision; the driver's own statements at the scene may constitute admissions of fault; and accident reconstruction experts can analyze physical evidence like skid marks, vehicle damage, and debris patterns to determine how the accident occurred.

Third, you must establish causation—that the defendant's breach directly caused your collarbone fracture. This requires medical evidence linking the accident to your specific injury. Your medical records should document that you had no pre-existing collarbone injury and that the fracture occurred as a direct result of the collision. Expert medical testimony can explain the mechanism of injury and why the fracture is consistent with the type of impact you experienced. Finally, you must prove damages—the actual losses you suffered as a result of the injury. This includes medical bills, lost wages, pain and suffering, and other compensable losses. Comprehensive documentation is essential: keep all medical records, bills, pay stubs, and a journal documenting your pain levels, limitations, and emotional distress. Your attorney will compile this evidence into a compelling case that demonstrates the defendant's liability and the full extent of your damages. For cases involving catastrophic injuries or complex liability issues, expert witnesses become even more critical to establishing each element of negligence.

After a bicycle accident resulting in a collarbone fracture, you'll likely face contact from insurance companies—both your own and the at-fault driver's insurer. Understanding how to navigate these interactions is crucial for protecting your claim. Insurance adjusters may seem friendly and helpful, but remember that they work for the insurance company, and their primary goal is to minimize the amount the company pays out. They are trained negotiators who will use various tactics to reduce your settlement or deny your claim entirely.

One common tactic is the quick settlement offer. Shortly after your accident, before you've fully understood the extent of your injuries or consulted with an attorney, an adjuster may contact you with what seems like a reasonable settlement offer. They may pressure you to accept quickly, suggesting that the offer won't be available later or that hiring an attorney will only reduce your recovery due to legal fees. Do not accept these early offers. Collarbone fractures can have complications that don't become apparent for weeks or months, and accepting a settlement means waiving your right to pursue additional compensation later, even if you discover you need surgery or develop chronic pain.

Another tactic is requesting a recorded statement. The adjuster may call and ask you to describe the accident and your injuries, claiming they need this information to process your claim. However, anything you say can be used against you. You might inadvertently make statements that the insurance company will later use to argue you were partially at fault or that your injuries aren't as severe as you claim. You might forget important details or misspeak due to pain medication or stress. California law does not require you to provide a recorded statement to the other driver's insurance company. Politely decline and refer them to your attorney. You may be required to cooperate with your own insurance company under your policy terms, but even then, consult with your attorney before providing any statement. Your lawyer can prepare you for what to expect and may even be present during the statement to protect your interests. For comprehensive guidance on dealing with insurance companies, contact an experienced personal injury attorney near you who can handle all communications and negotiations on your behalf.

While many collarbone fractures heal successfully with proper treatment, some victims experience permanent complications that warrant additional compensation. Permanent disability can result from several factors: malunion (when the bone heals in an incorrect position), nonunion (when the bone fails to heal), nerve damage during the initial injury or surgical repair, chronic pain syndrome, or post-traumatic arthritis in the shoulder joint. These conditions can cause lasting limitations in shoulder mobility, reduced strength, chronic pain, and inability to perform certain physical activities.

For individuals whose careers depend on physical capabilities—construction workers, athletes, manual laborers, delivery drivers, or even office workers who experience pain with computer use—permanent disability can significantly impact earning capacity. California law allows victims to recover compensation for diminished future earnings based on the difference between what they would have earned over their working life without the injury versus what they can now earn with their limitations. Vocational experts can evaluate your skills, education, work history, and physical restrictions to calculate this loss. Life care planners can project the cost of future medical treatment, including ongoing pain management, physical therapy, and potential future surgeries.

Scarring from collarbone fracture surgery can also warrant compensation, particularly when the scars are visible and permanent. Surgical repair typically requires an incision several inches long over the collarbone, which may heal as a raised, discolored scar. While some scarring is inevitable with surgery, particularly prominent or disfiguring scars can affect self-esteem, body image, and even employment opportunities in fields where appearance matters. California law recognizes disfigurement as a compensable harm, and juries can award damages based on the location, size, and visibility of scars, as well as their psychological impact on the victim. Photographs documenting the appearance of scars at various stages of healing become important evidence. In some cases, victims may undergo scar revision surgery or other cosmetic procedures to minimize scarring, and the cost of these treatments can be included in the damages claim. If you're facing permanent disability or significant scarring from your bicycle accident collarbone fracture, consult with an attorney who can work with medical experts to fully document these losses and fight for compensation that reflects the lifelong impact of your injuries. Learn more about recovering compensation for catastrophic injuries that result in permanent disability.

California law imposes strict time limits, known as statutes of limitations, for filing personal injury lawsuits. For bicycle accidents involving collarbone fractures, the statute of limitations is generally two years from the date of the accident under California Code of Civil Procedure Section 335.1. This means you must file a lawsuit in court within two years, or you will lose your right to pursue compensation through the legal system. While two years may seem like ample time, it can pass quickly, especially when you're focused on medical treatment and recovery.

There are important exceptions and nuances to this rule. If the at-fault party is a government entity—such as when a city bus hits a cyclist or when poor road maintenance contributed to the accident—special rules apply. Under the California Tort Claims Act, you must file a formal claim with the appropriate government agency within six months of the accident. Only after this administrative claim is denied (or deemed denied after 45 days) can you file a lawsuit in court, and you must do so within six months of the denial. Missing these deadlines can completely bar your claim, regardless of how strong your case might be.

Another exception involves minors. If the injured cyclist is under 18 years old at the time of the accident, the statute of limitations is tolled (paused) until they turn 18, at which point they have two years to file a lawsuit. Additionally, if the at-fault driver cannot be immediately identified—such as in hit-and-run cases—the statute of limitations may be tolled until the driver is identified, though you must still act diligently to identify them. Given these complexities and the risk of missing critical deadlines, it's essential to consult with an attorney as soon as possible after your accident. Even if you're still receiving medical treatment and haven't reached maximum medical improvement, an attorney can begin investigating your case, preserving evidence, and ensuring all procedural requirements are met. Don't wait until the deadline approaches—evidence can be lost, witnesses' memories fade, and your attorney needs adequate time to build the strongest possible case. Contact a bicycle accident lawyer today to protect your rights and ensure you don't miss any critical deadlines.

The actions you take immediately after a bicycle accident can significantly impact both your health and your legal claim. First and foremost, prioritize your safety and medical needs. If you're in a dangerous location, such as the middle of a roadway, move to a safe area if you're able to do so without causing further injury. Call 911 immediately to report the accident and request both police and medical assistance. Even if you don't think you're seriously injured, adrenaline can mask pain, and some injuries like collarbone fractures may not be immediately apparent. Emergency medical personnel can assess your condition, provide initial treatment, and transport you to the hospital if necessary.

While waiting for emergency responders, if you're physically able, begin documenting the accident scene. Use your phone to take photographs and videos of the accident location, including the position of vehicles, road conditions, traffic signs and signals, skid marks, debris, and any visible damage to your bicycle. Photograph your injuries, torn clothing, and damaged helmet or other gear. Collect contact information from the driver involved, including their name, phone number, address, driver's license number, license plate number, and insurance information. Get contact information from any witnesses who saw the accident occur—their statements can be crucial evidence if the driver later disputes fault.

When police arrive, provide a clear, factual account of what happened, but avoid speculating about fault or apologizing, as these statements can be used against you later. Request a copy of the police report or get the report number so your attorney can obtain it later. Do not discuss the accident with the other driver's insurance company or sign any documents without first consulting an attorney. Seek comprehensive medical evaluation even if you feel okay—some serious injuries don't produce immediate symptoms. Follow all treatment recommendations from your healthcare providers, attend all follow-up appointments, and keep detailed records of all medical care, expenses, and how your injuries affect your daily life. Finally, contact an experienced bicycle accident attorney as soon as possible. Most offer free consultations and can begin protecting your rights immediately. The sooner you involve an attorney, the better they can preserve evidence, interview witnesses while memories are fresh, and build a strong case for maximum compensation. For immediate assistance, reach out to our legal team today.