How to Protect Your Rights as a Cyclist After a Bicycle Accident
Bicycling is a wonderful way to stay active, enjoy the outdoors, and reduce your carbon footprint. However, sharing the road with motor vehicles can be hazardous, and accidents involving cyclists are, unfortunately, all too common.
If you’ve been involved in a bicycle accident, it’s essential to know how to protect your rights and take proactive steps to pursue the compensation you need for your recovery. At the Law Offices of Steven Zwick, we serve as an advocate for injured cyclists and are here to guide you through the steps you should take after a bicycle accident in California.
1. Prioritize Your Safety and Health
Immediately after an accident, check yourself for injuries, no matter how minor they may seem. Adrenaline can mask pain, and some injuries may not exhibit symptoms immediately. If it’s safe to do so, move out of traffic to a safer location to avoid further harm.
Call local 911 and request emergency medical services. Even if you don’t feel seriously injured, it’s wise to get a thorough examination from a medical professional to identify any internal, delayed-onset, or seemingly minor injuries. Seeking medical attention creates a record of your injuries, which can serve as critical evidence for reinforcing your claim if you decide to pursue legal action.
2. Contact the Relevant Authorities
It’s crucial to involve the police after a bicycle accident, especially one involving a motor vehicle. Request the responding officer to file an official report of the accident and obtain a copy for your records. This report can serve as key evidence when filing a claim. Provide an accurate account of what happened to make sure your side of the story is documented.
Avoid admitting fault or making speculative statements about how the accident occurred. Stick to the facts and avoid emotional or accusatory language when interacting with law enforcement, witnesses, or the other parties involved in the accident.
3. Gather Evidence at the Scene
If you’re physically able, take the time to gather evidence at the scene of the accident. This evidence can strengthen your case and make it more difficult for the at-fault party or their insurance company to deny liability. Take photos or videos of the following, using your smartphone if necessary:
Any damage to your bicycle or any of the involved vehicles
Your injuries (both immediate and visible)
The accident scene, including the road conditions, traffic signs, weather conditions, and any debris on the roadway
The positions of the vehicles and your bicycle after the accident
Additionally, collect the contact information from the driver involved in the accident, including their name, phone number, driver’s license information, insurance details, and license plate number. If there are any witnesses, ask for their names and contact information as well. Witness statements may serve as invaluable corroboration of your version of events.
4. Preserve Evidence and Documents
Preserving records and evidence is a key part of protecting your rights as a cyclist. Keep a file or folder where you store all documentation related to the accident. This file should include your medical records, receipts for medical treatments, the police report, any photos or videos of the accident scene, correspondence with insurance companies, and any other relevant documents.
Do not attempt to repair or replace your damaged bicycle right away. The condition of your bicycle serves as physical evidence and can strengthen your case. Similarly, keep any damaged personal belongings, such as your helmet, clothing, or other equipment, as they can help demonstrate the force and severity of the accident.
5. Avoid Speaking with Insurance Companies Without a Lawyer
Insurance companies, even your own, are not always on your side. Adjusters may try to contact you after the accident to ask for a statement or offer a settlement. It is essential to remember that their primary concern is often to minimize their company’s financial liability, rather than fully compensating you for your medical bills, lost wages, and other damages.
Avoid giving any recorded statements or signing any documents before consulting with an experienced bicycle accident attorney. At the Law Offices of Steven Zwick, we can represent your interests and handle any communication with the insurance companies to protect your rights and make sure you receive fair compensation for your injuries and losses.
6. Understand California’s Bicycle Laws
In California, cyclists have the same legal rights and responsibilities as drivers. Familiarizing yourself with these laws can help you confidently assert your rights after an accident.
For example, California law requires drivers to maintain a safe distance of at least three feet when passing a cyclist. If the driver involved in your accident violated this or another traffic law, it could strengthen your case for compensation.
California also follows a pure comparative fault system. This means you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by the percentage of fault attributed to you. An experienced attorney can help minimize allegations of fault against you and fight for the maximum available compensation.
7. Consult an Experienced Bicycle Accident Attorney
Consult with an experienced personal injury attorney who understands the unique challenges cyclists face as soon as possible after your accident. At the Law Offices of Steven Zwick, we possess a deep understanding of bicycle accident cases and have a proven track record of helping clients pursue the justice they deserve.
We will thoroughly review your case, investigate the accident, and negotiate with insurance companies on your behalf. If necessary, we’re prepared to take your case to court to fight for the compensation you need to cover medical expenses, lost wages, property damage, pain, and suffering. We are committed to handling the legal aspects of your case so you can focus on healing and moving forward.
8. Promptly File a Personal Injury Claim
In California, you have a limited time to file a personal injury claim after a bicycle accident. According to the state's statute of limitations, you typically have two years from the date of the accident to file. If you miss this deadline, you may lose your right to seek compensation.
Building a strong case takes time, so the sooner you reach out to an attorney and file a comprehensive personal injury claim, the better. Prompt action allows your legal team to gather fresh evidence, interview witnesses while their memories are still clear, and strategize effectively for your case.
Reach Out to an Experienced Attorney Today
If you’ve been injured in a bicycle accident, you don’t have to face the aftermath alone. At the Law Offices of Steven Zwick, we are dedicated to protecting the rights of cyclists and holding negligent drivers accountable. Our compassionate and experienced attorneys are here to guide you through the legal process and fight for the compensation you deserve. Contact us today to schedule a free consultation.
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