If you’ve been injured in a bicycle accident, there are many different elements that could be confusing for you. Here is a list of common asked questions but you should always contact an experienced attorney who can answer specific questions pertaining to your situation.
The first thing you should do is seek any necessary medical help. Then you should call the police, photograph the site and take any physical evidence. Keep a written, detailed record of your memories of the incident. Gather any and all pertinent information from the driver and available witnesses and then contact a personal injury attorney immediately.
Unfortunately, many bicyclists are injured by hit-and-run drivers. If this happens, you should immediately call the police after you received any medical attention if needed. Provide them with whatever identifying information you or witnesses can such as the description of the driver or car. Seek the advice of an attorney immediately who has experience handling hit-and-run drivers. If you lack adequate identifying information regarding the hit and run car, and the police do not track down the offender, then you can make a claim for your bodily injuries and property damage under the uninsured motorist provisions of any auto policy which insures you. Remember to act quickly if this is the case since UM policies require that you report the incident to the police within as short a time as 24 hours.
Bicyclists are granted every legal right as automobiles to responsibly use public roads.
Since bicyclists have the same rights as motorists, the same comes true to responsibilities. You must obey all traffic laws, use hand signals, ride with traffic, equip yourself with the correct lights, don’t drink and ride.
When a large vehicle collides with a bicyclist and causes injuries, it is often assumed that the bicyclist is the victim and the driver is the one at fault but this is not always the case. In fact, in some instances, the bicyclist may be the one that was negligent and causes the accident. Careful investigation is always important in order to support your claims that the driver was at fault.
If you cause an accident while riding a bicycle which results in another person’s injury or property damage, the injured party may bring a claim against you to be compensated for their injuries or damages. While uninsured motorist coverage under your motor vehicle insurance policy may cover you for your injuries when someone else is at fault, there is no coverage under California motor vehicle insurance policies for another’s injuries caused by you when you are riding a bicycle. Keep in mind that unless you are 100% at fault, you are not liable for 100% of the other person’s damages and if you are injured in an accident that is at least partially the other person’s fault, you may be entitled to recover damages from the other party in proportion to their percentage of fault. Keep in mind that the California statute of limitations for property damage is generally 3 years whereas it is generally 2 years for bodily injury.
If you think you have a case, you should definitely contact an attorney. A personal injury attorney can investigate the accident and represent you in a lawsuit and get you the compensation you deserve if you experienced pain and suffering.
If you can establish negligence on the part of the motorist that caused your accident, you can file a claim.
You can seek financial recovery for medical bills, lost wages, bicycle repair, lost future income, emotional suffering, and other accident-related losses.
The value of a bicycle claim can vary depending on factors such as:
An experienced attorney can review your case to determine if you have a case, what it’s worth and what is needed to prove it. Don’t wait to contact a skilled personal injury attorney.
Contact our offices in Folsom or Sacramento to discuss your injuries with a lawyer. We offer a free initial consultation to all new clients. You can reach us by phone at (916) 357-6767 or send us an email to schedule an appointment.