Right to Compensation for Cycling Accident Victims :
Bicycle accidents can be caused by negligent drivers, careless pedestrians or dangerous road conditions. California Personal Injury Law permits anyone injured to file a lawsuit. The defendant responsible for the Cycling Accident may be liable to pay compensation for the damages. California law enables you to recover damages for your:
- Physical injuries
- Bicycle damage
- Lost wages
- Medical bills
Why do I need a Cycling Accidents Attorney?
When awarding Personal Injury damages, the court can apply a certain percentage of fault to each party involved in the accident. The damages you can claim and recover are proportional to the degree of fault (if any) you had in the accident.
If you suffer damages worth $ 20000, but if the defendant or the insurance company proves that you were 10% responsible for the accident, the court has the right to limit your compensation to $ 18000 under the “Comparative Negligence” appeal.
Insurance Companies/Claims Adjusters:
The claims adjuster from the insurance company will try to settle your claim for as little amount as possible. They persuade you to give up your rights to sue the driver in court in exchange of your settlement amount.
The first thing to do after a Cycling Accident is to contact our experienced Cycling Accidents Attorney.
Our Cycling Accident Attorneys have the knowledge, expertise and resources to negotiate with the insurance companies and navigate through the legal procedures to get you the rightful compensation for your pain and suffering.
Statute of Limitation to file a Cycling Accident Claim :
The time-limit to file a Personal Injury Claim for the injuries occurred in an auto accident is 2 years, for property damages it is 3 years from the date of accident. If the defendant is a government entity, the time limit is 6 months from the date of accident. If the government entity denies the claim, you have another 6 months from the date of denial.
What you need to know about Cycling Accidents
Any cyclist knows that the main traffic risks come from three sources: reckless, belligerent or blindsided motorists; swinging car doors; and jaywalking pedestrians. Cyclists must somehow be alert to these dangers while simultaneously keeping a close eye on the pavement for potholes, metal plates and other ground-level hazards.
How to Act Before Calling a Cycling Accidents Attorney
1. Dial 911: call the police or an ambulance immediately. If you are unable to do so, ask someone to help.
2. Always wait for the police to arrive and file an official accident report. A police report provides documentation detailing the incident, including the identity of witnesses.
3. Get the business card of the officer.
4. Leave your bike in the same state it was after the accident, if possible. It is best if the police see the accident scene undisturbed.
5. Obtain the contact information of any witnesses.
6. Immediately seek medical attention, either at the scene, the emergency room, hospital or doctor’s office. When in doubt go to the ER! Give all complaints to the doctor. Medical records are proof that you were injured and document the extent of your injuries.
7. Take photos of injuries and keep a diary of how you feel after the accident.
8. Never negotiate with the driver of the vehicle, regardless of who may be at fault. Get the driver’s name and his or her insurance information, along with the names of any passengers.
9. Give no written or recorded statements to anyone.