Riding a bicycle is an excellent way to stay active and avoid traffic, especially in busy cities like Los Angeles. However, sharing the road with motor vehicles can be dangerous, and accidents happen. Knowing what to do afterward is crucial to protecting your health and legal rights if you’re involved in a bicycle accident.
Step 1: Ensure Your Safety and Check for Injuries
After a bicycle accident, your safety is the top priority. Move out of traffic if possible and assess your injuries. Even if you feel okay, adrenaline can mask pain, so checking for any signs of injury is important. Serious injuries, like broken bones or head trauma, may require immediate medical attention.
If you cannot move or feel disoriented, stay where you are and wait for medical assistance. Always call for help if you are unsure of the severity of your injuries.
Step 2: Call the Police
Regardless of the accident’s severity, calling the police is important. A police report is essential when filing an insurance claim or pursuing legal action. Be sure to give the responding officers a clear and accurate account of what happened. However, avoid admitting fault or making assumptions about who caused the accident—let the investigation determine liability.
A police report will help document the scene, including witness statements, and provide a detailed account of the incident, which will be critical for future claims.
Step 3: Document the Scene
If you can, take photos and videos of the accident scene. Document your injuries, damage to your bike, the vehicle involved, and any surrounding hazards (like potholes or broken traffic signs). Also, contact information must be gathered from any witnesses who saw the accident.
Solid documentation will support your case when you file an insurance claim or take legal action.
Step 4: Exchange Information with the Other Party
If the accident involved a motor vehicle, exchange information with the driver. Be sure to collect the following:
- Full name
- Contact information
- Driver’s license number
- Insurance details
- License plate number
This information will be essential when filing an insurance claim. If the driver doesn’t have insurance or has inadequate coverage, you may need to rely on your own insurance to recover damages.
What Insurance Covers Bicycle Accidents?
Regarding what insurance covers bicycle accidents, there are several possibilities. The driver’s auto insurance typically covers your injuries and property damage if they were at fault. Here’s how it breaks down:
- Liability insurance covers your medical bills and the cost of your bike repair or replacement if the driver is found to be at fault.
- Uninsured/underinsured motorist coverage takes effect if the at-fault driver doesn’t have enough insurance to cover your damages.
- Health insurance covers medical expenses if you don’t have uninsured motorist coverage or the at-fault party is not identified. However, you may still face out-of-pocket costs like deductibles or co-pays.
It’s crucial to consult a lawyer to determine the best course of action when dealing with multiple insurance policies.
Step 5: Seek Medical Attention
After any bicycle accident, you should seek medical attention even if you feel fine. Some injuries, such as concussions or internal injuries, may not be immediately apparent. A full medical evaluation ensures that hidden injuries are diagnosed and treated early.
Keep detailed records of all your medical treatments, which is essential for filing insurance claims or legal action later. Your lawyer will also use these records to help calculate the total compensation you’re entitled to.
Do Cyclists Have the Right of Way?
Anyone riding a bike must understand that cyclists have the right of way. In California, cyclists are entitled to the same rights and responsibilities as motor vehicle drivers. This means drivers must yield to cyclists just as they would to another car.
Some common right-of-way rules for cyclists include:
- Cyclists must ride in the same direction as traffic and obey traffic signals and signs.
- When a driver fails to yield to a cyclist and causes an accident, the driver may be liable for the cyclist’s injuries.
However, cyclists must also obey traffic laws. If a cyclist disobeys traffic signals or rides against traffic, they could be held partially or fully responsible for an accident. Riding cautiously and following the rules of the road is always advisable.
Step 6: Contact a Personal Injury Attorney in California
If you’ve been injured in a bicycle accident, it’s crucial to consult a personal injury attorney in California. An experienced attorney will help you navigate the complexities of insurance claims and legal action, ensuring you receive the compensation you deserve.
How a Lawyer Can Help:
- Insurance negotiations: Insurance companies often try to settle claims quickly and for less than what’s deserved. A lawyer will negotiate on your behalf to ensure you get fair compensation.
- Proving liability: If there is a dispute over who is at fault, your attorney can investigate the accident, gather evidence, and build a strong case.
- Maximizing compensation: A lawyer will calculate not only your current expenses but also future costs, such as ongoing medical care, lost wages, and pain and suffering.
Most personal injury attorneys offer free consultations and work on a contingency fee basis, meaning you only pay if they win your case.
Common Mistakes to Avoid After a Bicycle Accident
It’s important to avoid certain mistakes after a bicycle accident, as they can undermine your chances of recovering compensation:
- Failing to seek medical attention: Always get checked out by a doctor, even if you feel fine, as some injuries may not be immediately apparent.
- Admitting fault: Never admit fault at the scene. Allow the police and your attorney to investigate and determine liability.
- Accepting a quick settlement: Don’t settle with the insurance company without consulting a lawyer. Quick settlements often don’t cover all your expenses.
Get the Legal Help You Need
If you’ve been injured in a bicycle accident, having legal representation is essential to protect your rights and receive the compensation you deserve. At Adamson Ahdoot, our experienced attorneys specialize in helping accident victims navigate the legal process. With over 100 years of combined legal experience, we are here to fight for you.
We offer free consultations and work on a contingency basis, so you don’t pay unless we win your case. Call us today at (800) 310-1606 to schedule your consultation and start your journey to recovery.
