AB 1909: New California Law Affects Cyclist Rights and Legal Claims

In 2024, California introduced Assembly Bill 1909 (AB 1909), a significant law designed to improve protections for cyclists on the road. At Savin Hennessey & Kim (SHK Law), we recognize the important implications this law has for personal injury and wrongful death claims involving cyclists, including those in  E-Scooters and E-Bike accidents. 

Understanding AB 1909: Improving Cyclist Safety

AB 1909 provides clarity to traffic regulations, particularly at intersections, by:

  1. Legally permitting cyclists to follow pedestrian signals at intersections
  2. Addressing the previous ambiguity that often left cyclists vulnerable in accident cases
  3. Increasing the responsibility of drivers to yield to cyclists

This change aligns the treatment of cyclists more closely with that of pedestrians, creating a safer environment and a stronger legal position for cyclists.

The Legal Impact: Changes to Personal Injury and Wrongful Death Claims

The introduction of AB 1909 significantly alters the legal landscape for cyclist-related cases:

1. Improved Legal Standing for Cyclists

Previously, cyclists following pedestrian signals could be partially or fully blamed for accidents. AB 1909 now clearly places liability on drivers who fail to yield, strengthening the legal position of injured cyclists seeking compensation.

2. Increased Potential for Compensation in Wrongful Death Cases

For families pursuing wrongful death claims, AB 1909 provides a more solid foundation for establishing driver liability. This can lead to higher compensation for damages such as:

  • Funeral expenses
  • Lost income
  • Emotional suffering

3. Evolving Legal Precedents

The legal community, including our team at SHK Law, recognizes AB 1909’s importance in shaping future cases. We’re actively working to ensure this law is properly applied to ensure cyclists receive fair treatment and just compensation.

SHK Law: Your Trusted Advocate in Cycling Accident Cases

As a cyclist, it’s important to be aware of your legal rights and options in case of an accident. With the passage of new legislation like AB 1909, the legal landscape for cyclist accident cases has become more complex. If you find yourself in an unfortunate situation, consider the following:

  1. Gather Evidence: Immediately after an accident, if possible, collect evidence at the scene. This includes photos of the accident site, your bike, and any injuries. Get contact information from witnesses. Under new laws, time-sensitive evidence like traffic signal data can be critical.
  2. Understand Your Rights: Familiarize yourself with local and state laws related to cycling, like AB 1909. These laws can significantly impact your case, whether it’s a personal injury claim or, in the worst case, a wrongful death claim for a loved one.
  3. Consult with a Lawyer: Look for a law firm with experience in handling cyclist accident cases. They can analyze your case in light of the new legal framework and advise you on the best course of action.
  4. Negotiate Effectively: Your legal team should have a clear understanding of how new laws affect your case. This allows them to negotiate with insurance companies and other parties from an informed position, likely leading to better settlements.
  5. Prepare for Trial: While many cases settle out of court, sometimes going to trial is necessary. Your law firm should be ready to argue your case in court, using all applicable laws to protect your rights as a cyclist.

Remember, as a cyclist, you have rights on the road. By being proactive in the event of an accident and working with experienced legal professionals, you can navigate the complexities of the legal system and seek the compensation you deserve.

Bicycles, E-Scooters and E-Bikes: Your Path to Justice

At SHK Law, we make your fight our own. With millions won for our clients, we combine tireless dedication, expert collaboration, and an unshakable commitment to justice to achieve the best possible results. Our trial-ready approach ensures we’re always prepared. By preparing for trial from day one, we negotiate from a position of strength, often leading to higher settlements for our clients. Our case results speak for themselves:

  • 50+ Combined Years of Experience
  • 99% Success Rate
  • Over $350 Million Secured for Our Clients
  • No Upfront Costs: Free Consultation, Contingency-based Fees

Want to Know if You Have a Case? 

Get a free case evaluation today. Our seasoned attorneys are committed to holding negligent parties accountable in accidents involving E-Scooters, Bikes, and E-Bikes. With strict legal deadlines in play, time is of the essence—don’t delay. 

The information provided on this website does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. It may also be inaccurate, incomplete, or inapplicable to the person reading it. This website also contains links to other third-party websites; such links are only for the convenience of the reader, user or browser. The content on this webpage/website is provided “as is;” no representations are made that the content is error-free.

Readers of this website/webpage should contact their own attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site. Instead, they should seek legal advice from counsel in their relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and the law firm SHK Law, the lawyers at SHK Law, or the authors or contributors of this website.

Wrongful Death Claims California: What You Need to Know

When tragedy strikes and you lose a loved one due to someone else’s negligence, understanding your legal rights is crucial. At Savin Hennessey & Kim (SHK), we’re here to guide you through the complex process of wrongful death claims in California. Here’s what you absolutely need to know:

The Basics of Wrongful Death Claims California

Wrongful death claims provide vital compensation to families who’ve lost loved ones due to another’s negligence or misconduct. In California, these claims can be filed by specific family members or estate representatives when a death results from someone’s negligent or intentional actions.

Who Can File?

  • Surviving spouses
  • Domestic partners
  • Children
  • In some cases, parents or other financial dependents

Time is of the Essence: Statute of Limitations

Don’t wait to take action. The statute of limitations for wrongful death claims in California is critical:

  • Generally, you have two years from the date of death to file a claim.
  • For medical malpractice cases, the timeline may extend based on when the cause of death was discovered.
  • Claims against government entities? You’ve got just six months.

Missing these deadlines can cost you your right to seek justice and compensation. Act fast.

Compensation for Wrongful Death: What You Can Recover

Wrongful death claims in California can provide compensation for various losses:

  1. Funeral and burial expenses
  2. Lost income and future financial support
  3. Loss of companionship and emotional support
  4. Pain and suffering of surviving family members

In cases of gross negligence, punitive damages may also be awarded to punish the wrongdoer and prevent future similar incidents.

Why You Need a Legal Powerhouse on Your Side

Navigating wrongful death claims in California is complex. Here’s why partnering with SHK is crucial:

  • We ensure your claim is filed correctly and on time.
  • Our team gathers and preserves critical evidence.
  • We handle tough negotiations with insurance companies.
  • If necessary, we’ll fight for you in court.

SHK’s Relentless Approach to Wrongful Death Claims

At SHK, we don’t just handle cases – we pursue justice with unwavering determination:

  1. We investigate thoroughly: Whether it’s deploying private investigators or enlisting accident reconstruction experts, we leave no stone
    unturned.
  2. We build strategic cases: Each wrongful death claim is unique, and we tailor our approach accordingly.
  3. We leverage our experience in negotiations: As trial nears, we hold the power to secure the best possible settlement.
  4. We fight for maximum compensation: While no amount can replace your loved one, we’ll use all our resources to win you the largest possible settlement.

Take Action Now: Your Path to Justice Starts Here

If you’re considering filing a wrongful death claim in California, don’t face this challenging process alone. At SHK
Law
, we make your fight our own. With millions won for our clients, we combine tireless dedication, expert collaboration, and an unshakable commitment to justice to achieve the best possible results.

Our trial-ready approach ensures we’re always one step ahead. By preparing to go to trial from day one, we negotiate from a position of strength, often leading to much higher settlements for our clients. Our case results speak for themselves:

  • 50+ Combined Years of Experience
  • 99% Success Rate
  • Over $350 Million Secured for Our Clients
  • No Upfront Costs: Free Consultation, Contingency-based Fees

Want to Know if You Have a Case?

Call us at (818) 960-0011 or get a for a free case evaluation. We’re available 24/7 to start your journey toward justice today.

With strict legal deadlines in play, time is of the essence—don’t delay. Your path to justice begins with a single step. Remember, at SHK, we’re not just your attorneys – we’re your relentless pursuit of justice for your loved one.

The information provided on this website does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. It may also be inaccurate, incomplete, or inapplicable to the person reading it. This website also contains links to other third-party websites; such links are only for the convenience of the reader, user or browser. The content on this webpage/website is provided “as is;” no representations are made that the content is error-free.

Readers of this website/webpage should contact their own attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site. Instead, they should seek legal advice from counsel in their relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and the law firm SHK Law, the lawyers at SHK Law, or the authors or contributors of this website.

How AB 455 is Changing California’s Approach to Gun Violence

California has made a significant move in its ongoing effort to curb gun violence with the enactment of Assembly Bill 455. Signed into law by Governor Gavin Newsom, this legislation addresses firearm possession for individuals involved in mental health diversion programs, aiming to enhance public safety and reduce the risk of gun-related incidents.

AB 455, Effective July 1, 2024

AB 455 addresses a specific gap in California’s firearm laws by focusing on individuals in mental health diversion programs who may pose a danger to themselves or others. The law empowers courts to prohibit these individuals from purchasing or possessing firearms if they are deemed a danger. This restriction is in place for the duration of the diversion program or until the court restores the individual’s firearm rights.

Scope and Intent

It’s important to note that AB 455 is not a comprehensive reform of all firearm relinquishment laws in the state. The bill is more targeted in its approach, addressing the risks associated with this specific group rather than broadly overhauling California’s firearm regulations. While it aims to ensure that these individuals do not have access to firearms during their treatment, its scope is limited to this particular context.

Misconceptions About the Law

There has been some confusion about the scope and impact of AB 455. Unlike some reports that suggest the law introduces new standards for firearm relinquishment across all cases, AB 455’s provisions are specifically tailored to those in mental health diversion programs. It also does not impose a mandatory 24-hour firearm surrender for all newly prohibited individuals, nor does it expand the list of prohibited persons beyond those in these specific programs.

AB 455 and Its Potential Ripple Effects in Wrongful Death Cases

While AB 455 is fundamentally about enhancing gun safety measures for individuals engaged in mental health diversion programs, its influence could extend to wrongful death cases stemming from firearm violence. The bill’s clearer guidelines on restricting firearm access for this population may indirectly strengthen arguments of negligence in certain scenarios.

For example, if a wrongful death results from a firearm in the hands of someone undergoing mental health treatment, the victim’s family might contend that a failure to enforce the restrictions outlined in AB 455 contributed to the tragedy. It’s critical to understand, however, that the bill doesn’t create new legal definitions of negligence in these cases.

Legal and Safety Ramifications

Aside from its possible impact on wrongful death lawsuits, AB 455 is a clear sign of California’s strong commitment to gun safety, especially when it comes to mental health. We can anticipate the law influencing future court and law enforcement actions related to firearm possession, especially for those undergoing mental health treatment. Nonetheless, its primary impact remains focused on preventing firearm-related harm within this specific group – rather than fundamentally altering the legal framework for all gun-related cases.

At SHK Law, we recognize the devastating impact of wrongful death cases, especially those arising from gun violence. While AB 455 strives to improve public safety, seeking justice for the loss of a loved one demands experienced legal support. Our commitment to trial readiness translates into tangible results, including higher settlements and favorable verdicts for our clients. Our case results speak for themselves:

Proven Track Record

  • 50+ Combined Years of Experience
  • 99% Success Rate
  • Over $350 Million Secured for Our Clients
  • No Upfront Costs: Free Consultation, Contingency-based Fees

Want to Know if You Have a Case?

Get a free case evaluation today. Our experienced attorneys will fight relentlessly to ensure your loved one’s voice is heard and those responsible are held accountable.

The information provided on this website does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. It may also be inaccurate, incomplete, or inapplicable to the person reading it. This website also contains links to other third-party websites; such links are only for the convenience of the reader, user or browser. The content on this webpage/website is provided “as is;” no representations are made that the content is error-free.

Readers of this website/webpage should contact their own attorney to obtain advice with respect to any legal matter. No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site. Instead, they should seek legal advice from counsel in their relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and the law firm SHK Law, the lawyers at SHK Law, or the authors or contributors of this website.