Riding a bicycle is an excellent form of exercise, and you expect an enjoyable experience, but when you get into an accident, you become a statistic.
In the Golden State, the numbers are frightening. In 2021, 125 cyclists lost their lives on California roads. The state usually ranks first or second in total bike accident fatalities nationwide. Accidents can be caused by speeding and reckless drivers as well as road hazards. One study found that almost 50% of cycling accidents in the city of Fremont were sideswipe accidents. While all cyclists should follow the rules of the road, wear protective gear and ride defensively, they are still at risk of being injured. Every state has its own set of laws and regulations regarding bicycles and accidents. In California, it's important for cyclists to learn about these measures and to protect their rights as accident victims if they find themselves in this situation due to someone's negligence.
4 Immediate Steps to Take
Injury lawyers advise you to do the following:
- Seek medical attention
- Contact the police
- Collect evidence
- Don't admit fault
Your health and safety matter. Call for medical attention right away following a cycling accident. Then, call the local police department to file a report. If you are able, take photos of the accident scene, your injuries and images of your bike and the vehicle involved. Ask witnesses for their contact information. Be careful what you say at the scene of the accident. Do not admit fault or statements that could appear that way. Just tell the police the facts as you know them.
3 Legal Points to Remember
You have rights under the law following a bicycle accident:
- Seeking compensation
- Understanding comparative negligence
- Being aware of the statute of limitations
There are several types of compensation you may be eligible for. These could include compensation for medical costs, such as hospitalization, surgeries, medications and rehabilitation. Compensation could also be received for income lost due to the inability to work during recovery. It could also mean compensation for the repair or replacement of the victim's damaged bicycle. Compensation could also be given for physical and emotional distress following the accident.
California's Comparative Negligence Law allows victims to still seek justice and compensation even if they share some responsibility for the accident. Compensation may be reduced by your percentage of fault. Determining comparative negligence in a California bicycle accident case involves careful examination of the evidence. This can include accident reports, physical evidence, eyewitness testimony, etc.
California has a statute of limitations for filing personal injury claims, so you don't want to put this off. Two years is the default. It's important to act sooner than later; a skilled personal injury lawyer can help you navigate the legal landscape. You don't want to lose your right to pursue compensation for your injuries and damages.
