A leisurely bike ride through San Diego or our scenic coastline areas like Del Mar, Encinitas, Solana Beach, Carlsbad, or Oceanside can turn disastrous in an instant if a negligent driver hits your bicycle and injures you. You may be facing extensive medical bills, time off from work, and significant emotional trauma.
As an injured cyclist, you have legal rights. However, going through the complex process of settling your claim with the at-fault driver’s insurance company can be overwhelming. The guidance of our experienced San Diego personal injury lawyer can be invaluable. Here, we explain the key steps to take after a bicycle accident and how our aggressive legal representation can help you secure the compensation you deserve.
Vital Steps You Should Take After a San Diego Bicycle Accident
You could be severely injured in a bike accident, and your actions afterward can significantly affect your health, well-being, and ability to seek compensation for your injuries. Here's what you need to do:
Move to a Safe Location If Possible
If you can do so without making your injuries worse, move out of the path of traffic. However, don't leave the scene entirely before exchanging information with the driver and any witnesses, and the police arrive.
Call 911 to Report the Accident
Request that both police and emergency medical services respond to the scene. When speaking with officers, stick to the facts about what occurred without admitting any fault or speculating about the cause. The police report generated will become valuable evidence in your bike injury claim.
Assess Your Injuries and Get Medical Help
Even if you believe your injuries are minor or don’t think you were hurt, it’s crucial to get a medical examination. Some severe conditions, like traumatic brain injuries or internal bleeding, may not present obvious symptoms right away. Seeing a doctor promptly protects your health and creates important documentation linking your injuries to the accident.
Document Everything You Can
If you're able, use your phone to photograph your injuries, damage to your bike and the driver's vehicle, the scene of the accident, and your injuries. Obtain contact and insurance details from the motorist. Talk to bystanders observing what happened and ask for their names and phone numbers. Keep your clothing from the accident stored in a plastic bag, as it may help prove the extent of your injuries.
Limit What You Say to the Insurance Company
Insurance adjusters are trained to ask questions that may get you to respond in ways that could jeopardize your claim. Stick to basic facts and don't offer opinions on fault, the extent of your injuries, or details about your medical treatment. Never provide a recorded statement without first consulting our attorney.
Don't Accept a Quick Settlement
The driver's insurance company may contact you in the days following your accident with a lowball settlement offer. While it can be tempting to accept fast cash, doing so waives your right to seek further compensation, even if your injuries turn out to be more severe than you initially thought. You should always speak with our bicycle accident lawyer before accepting any settlement.
Report Your Accident to Your Insurance Company
Most auto insurance policies require prompt notification of any accidents. If you fail to report your bike crash to your insurer within a reasonable timeframe, you may be unable to file a claim under your insurance policy if the negligent driver doesn’t have sufficient insurance to compensate you fully. However, keep details about the bike accident and your injuries to a minimum.
Contact an Attorney
Hiring our experienced San Diego bicycle accident attorney is one of the most important steps you can take to protect your rights. We will communicate with insurance companies on your behalf, investigate your case, document your damages, and fight for the maximum compensation possible. Schedule a consultation as soon as possible to get the legal advice you need.
Unique Challenges Injured Cyclists Face When Pursuing a San Diego Bike Injury Claim
Bicycle accident injury claims tend to be more complex than a standard car accident case for several reasons. Understanding why your case may be more difficult to settle is crucial so you know what to expect. Here are issues that may arise in your case.
Severity of Injuries
Cyclists have little protection against the force of a motor vehicle, which often leads to catastrophic harm like spinal cord damage, traumatic brain injuries, multiple broken bones, and friction burns from hitting the pavement. These injuries result in substantial economic and non-economic damages that insurance companies aggressively try to avoid fully compensating.
Determining Liability
Motorists often try to shift blame to cyclists, claiming they swerved into traffic or were otherwise at fault. California follows a pure comparative negligence law, meaning a cyclist's compensation can be reduced by their assigned percentage of fault. The insurance adjuster could use this tactic to minimize how much they must pay you.
Bias Against Cyclists
Unfortunately, many drivers and insurance adjusters hold negative stereotypes about cyclists and believe they don't belong on the road. This bias can influence opinions about your degree of fault, making it harder to obtain the full compensation you deserve.
Applicable Laws and Regulations
California has specific laws protecting cyclists from motorists, such as the state's Three Feet for Safety Act under California Vehicle Code § 21760, which requires drivers to maintain a three-foot buffer when passing a bike. Our personal injury lawyer has in-depth knowledge of these laws and how to apply them to your case, significantly increasing the likelihood of receiving the full value of your claim in your settlement.
How Our San Diego Personal Injury Lawyer Advocates for Injured Cyclists
Attempting to settle your bicycle accident claim alone can be a costly mistake. Insurance companies count on you not fully understanding the value of your claim or the tactics they employ to pay out as little as possible. That's why you need attorney Mark Blane to level the playing field. Here are ways he can assist you:
- Communicating with the insurance companies. As soon as you hire us, we’ll take over communications with the insurance adjuster so they no longer contact you directly. Mark knows how to spot and shut down strategies designed to devalue your claim.
- Thoroughly investigating your case. Our legal team will gather and preserve evidence to build the strongest case possible. This includes interviewing witnesses, reviewing traffic camera footage, researching the motorist's driving history, examining medical records, and, if needed, enlisting experts to reconstruct the accident.
- Demonstrating the full extent of your damages. Our personal injury attorney understands the importance of documenting all the ways the accident has impacted your life—physically, financially, and emotionally. We will gather proof of your current and expected future medical costs, lost income and earning potential, pain and suffering, mental anguish, and lost enjoyment of life to demonstrate the full value you're owed.
- Tenaciously negotiating with the insurance company. Insurance adjusters often make insultingly low initial settlement offers in the hope you'll accept out of desperation. Mark has the skills to forcefully counter these lowball offers with evidence-backed demands, usually leading to a much better settlement.
- Being fully prepared to take your case to trial. While most bicycle accident cases settle, our personal injury lawyer will be ready and willing to present your case in court if the insurance company refuses to make a fair offer. Mark has the litigation experience you need, so you won't be coerced into accepting less than you deserve from the insurance company.
Don't Let a Bicycle Accident Derail Your Future
No cyclist heads out for a ride expecting to end up seriously injured, but it only takes one distracted or reckless motorist to change your life forever. If you've been hurt in a San Diego bicycle accident that wasn't your fault, you may be entitled to significant compensation—but you need our personal injury lawyer to secure it. Don't let someone else's carelessness rob you of the bright future you deserve.
