What Bicycle Accident Victims in California Need to Know
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Many people now enjoy biking as their main mode of transportation. While going on bicycles may seem like a relaxing way of transportation, it can also be completely dangerous. Many people suffer from bicycle injuries, but many also tend to get away with these accidents.
Table of Contents
- What Happens If I Am Injured in a Bicycle Accident?
- What Should I Do after an Accident?
- Am I Eligible for Compensation after the Accident?
- Why Should I Hire a Lawyer?
- Conclusion
If you want to learn more about getting into a bicycle accident in California and dealing with it, then you are in luck. Keep reading below to learn more about this.
What Happens If I Am Injured in a Bicycle Accident?
If you get into a bicycle accident and suffer an injury, you may be eligible for compensation. However, this compensation is only possible under certain conditions and circumstances, which you will learn more about when discussed below.
What Should I Do after an Accident?
If you have gotten into an accident, there are certain steps that you need to take immediately. By following these steps, you not only lessen the risk of major injury and get yourself the treatment you need, but you are also helping yourself legally.
1. Seek Medical Treatment
Regardless if you feel hurt or if there are any visible injuries or not, you need first immediately to seek medical treatment. By doing so, you can ensure that there is nothing wrong with you both on the inside and outside. If there is indeed something wrong, it is best to get it treated.
2. Contact Authorities
It is also important to be able to contact the police immediately after the accident. By doing so, you get to establish the whole situation, and they get to see it all firsthand. This way, they can begin their investigation immediately if needed.
3. Contact a Lawyer
If you know you were not at fault during the incident, then it is time to consult a lawyer. While it may be tempting to just settle the incident immediately with the other party, by having a lawyer, you are legally protected. This is especially important as the other party may not be willing to settle as you’d wish.
4. Gather Information and Evidence
At the scene of the accident, take as many photos as possible and try to document everything. Gather as much information as you possibly can and recall the details of the incident. Be sure that you are familiar with what happened and to tell all the details as accurately as possible. Make sure to be consistent because even if you are telling the truth, any small inconsistencies could result in losing your case.
5. Talk to Your Insurance Company
Once all the legal aspects have been dealt with, talk to your insurance company and your legal representation. You could file a personal injury claim and be compensated both for any medical bills and damages suffered, such as to your bicycle, and even if you missed out on any wages or potential income after the incident.
6. Do Not Sign Anything without a Lawyer
If your lawyer is still not present at the scene and anyone, whether the police or the other party, tries to get you to sign anything, do not comply. Let them know that you will be ready to review the document when your lawyer is present.
The document could easily harm you, take away any of your rights, or pin liabilities against you. It is best to have a professional who can review this document for you and see whether it is useful or against you.
Am I Eligible for Compensation after the Accident?
Under California law, people are eligible for compensation after bicycle accidents based on certain factors. The three key specifications that are being considered are:
1. Who Caused the Injury?
Was the accident your fault or the other party’s fault? If the accident was caused by the other party, then you are entitled to compensation. Specific situations where the other party is at fault are if they were driving irresponsibly and breaking any vehicular laws. This means that they were negligent, and this resulted in the accident.
2. Were You Operating Your Bicycle Lawfully?
Regardless if it is the fault of the other person or not, if you were not operating your bicycle legally, then you will also be held partially responsible for the accident. For example, if you tried to go through a red light, or you were riding off your lane, then it cannot be pinned against the other party because you were also negligent.
3. Did You Receive Injuries or Are Suffering from Other Losses?
Injuries are entitled to compensation, especially when undergoing medical care. However, aside from just compensation for the injuries, you are also eligible to receive compensation for other losses during the accident.
For one, if your bicycle was damaged, you can get compensation for it. Additionally, if you are suffering from an injury that would prevent you from working resulting in lost wages, you would also be entitled to compensation for this.
Why Should I Hire a Lawyer?
Many people make the mistake of personally settling incidents like these without getting legal authorities involved. However, there is a danger with personal settlement as it has no legal guarantee, and people can easily escape their legal responsibilities. Additionally, with a personal settlement, you may receive less compensation than you are entitled to.
With a lawyer, you can ensure that you and your rights are protected and met. You have the law on your side, and there is a legal guarantee that the compensation will be paid fully and fairly. It will also help you avoid misunderstandings throughout the case and get everything you are eligible for.
A lawyer will help you understand all your legal rights and will deal with the legal process of the whole accident. You can focus on healing and be a little more relaxed, knowing that as bad as an accident is, you are protected by the law and will be compensated soon enough.
Conclusion
Getting into a bicycle accident can be scary, and it could result in a lot of bills and expenses. While getting monetary compensation does not make up for the trauma, it will at least ease your financial burden. This is why it is always important to be aware of your rights and to make sure that you get in contact with legal representation immediately after the accident.
If you need an accident lawyer in Los Angeles, you can contact Mendez & Sanchez Law. Our team is here to help you get through difficult times by making sure that you are protected by your rights. Get in touch with us to hire an attorney.
Frequently Asked Questions
How long do I have to file a lawsuit after a bicycle accident in California?
In California, you generally have two years from the date of your bicycle accident to file a personal injury lawsuit, under the statute of limitations established by California Code of Civil Procedure Section 335.1. However, if a government entity — such as a city or county — is involved, for example because a poorly maintained road contributed to your crash, you must file a government tort claim within just six months of the incident under the California Government Claims Act. Missing either deadline typically means losing your right to compensation entirely, so it is critical to consult a personal injury attorney as soon as possible after your accident.
What kind of compensation can I realistically expect from a bicycle accident claim in California?
In a California bicycle accident claim, you may be entitled to both economic and non-economic damages, which can include medical expenses, future medical costs, lost wages, loss of earning capacity, property damage to your bicycle, and pain and suffering. California does not cap non-economic damages in personal injury cases the way it does in medical malpractice cases, meaning serious injuries involving permanent disability or disfigurement can result in significant awards. The exact amount depends on the severity of your injuries, the clarity of fault, and the available insurance coverage of the at-fault party, which is why having an experienced attorney negotiate or litigate on your behalf matters so much.
Can I still get compensation if I was partly at fault for the bicycle accident?
Yes, California follows a pure comparative negligence rule under California Civil Code Section 1714, which means you can recover compensation even if you were partially at fault for the accident. However, your total compensation will be reduced by the percentage of fault assigned to you — for example, if you are found 30% at fault, you will receive 70% of the total damages awarded. This is different from some other states that bar recovery entirely if you are more than 50% at fault, so California's rule is actually more favorable to injured cyclists.
Does California law require drivers to give bicyclists any special space on the road?
Yes, under California Vehicle Code Section 21760, known as the 'Three Feet for Safety Act,' drivers are legally required to give cyclists at least three feet of clearance when passing them on the road. If road conditions do not allow for three feet of space, the driver must slow to a reasonable speed and only pass when it is safe to do so. A driver who violates this law and causes a collision with a cyclist can be held liable for the resulting injuries and damages, and this violation is strong evidence of negligence in a personal injury claim.
What mistakes do bicycle accident victims in California most often make that hurt their case?
One of the most damaging mistakes cyclists make is delaying medical treatment after an accident, because insurance adjusters and defense attorneys will argue that your injuries were not serious or were caused by something else entirely. Another common mistake is giving a recorded statement to the at-fault driver's insurance company without legal representation present — insurers are trained to use your own words against you to minimize your payout. Finally, many victims accept a quick settlement offer before the full extent of their injuries is known, only to find later that ongoing treatment costs far exceed what they agreed to, and once you sign a release, you generally cannot go back for more.
Are bicyclists in California required to wear helmets, and could not wearing one affect my injury claim?
California law under Vehicle Code Section 21212 requires all cyclists under the age of 18 to wear an approved helmet, but there is no statewide helmet law for adult cyclists. However, if you are an adult and were not wearing a helmet at the time of your accident, the defense may attempt to use California's comparative negligence rules to argue that you contributed to the severity of your own head injuries, potentially reducing your compensation. While not wearing a helmet does not bar you from recovering damages, it can be a factor in how fault is apportioned, so documenting the specifics of your injuries and how the accident occurred is especially important in these situations.
What happens if the driver who hit me during my bicycle accident doesn't have insurance?
If you are struck by an uninsured driver in California, you may be able to seek compensation through your own uninsured motorist coverage, which California insurers are required to offer under California Insurance Code Section 11580.2, though policyholders can choose to waive it in writing. If you do not have uninsured motorist coverage, you can still file a personal injury lawsuit directly against the at-fault driver, though collecting a judgment from someone with no insurance can be difficult. An experienced bicycle accident attorney can help you identify all available sources of compensation, including whether any third parties — such as a negligent road maintenance agency or a vehicle manufacturer — may share liability.