Posted in Bicycle Accident on November 15, 2024
Getting hurt in a bicycle accident (and likely sustaining property damage in the process) is more than just an inconvenience. For victims, this could be something that significantly affects not only their health and well-being but also their finances. Understanding how to file a bicycle accident claim, with all of the legal quirks that could happen along the way, is crucial. You should consider contacting a Long Beach bicycle accident attorney if you have any questions about this process. Consultations are free, so don’t hesitate to reach out.
Step 1: Seek Immediate Medical Attention
After a bicycle accident, your health is the top priority. Even if injuries sustained seem relatively minor, get checked by a healthcare provider as soon as possible. Some injuries, especially head trauma or internal damage, might not be immediately visible but can become severe if untreated. Medical records not only protect your health but also serve as valuable documentation when you file a Long Beach injury claim.
Step 2: Report the Accident to Law Enforcement
Filing a police report is essential for an accident claim in Long Beach. When you contact law enforcement, they will assess the scene, speak to all involved parties, and record essential information. The police report will document who was involved, how the accident happened, and witness statements. This report is a critical piece of evidence, especially if the other party disputes fault or if you need to seek compensation for injuries and damages.
Step 3: Collect Evidence at the Scene
Evidence collection can make or break a bicycle accident claim. If you are able, gather the following evidence while at the accident scene:
- Photographs and Videos. Take photos of your injuries, any damage to your bike, and the general accident scene. These images provide concrete proof of the accident’s severity and any visible property damage or road conditions that may have contributed.
- Witness Contact Information. Witnesses can offer independent perspectives on the accident. If you’re able to do so safely at the scene, gather names, phone numbers, and addresses of anyone who saw the crash. Statements from unbiased witnesses can be conducive if there is a dispute over what happened
- Driver’s Information. Get the name, contact details, driver’s license number, and insurance information of any driver involved in the accident. If it was a hit-and-run or the driver fled, try to note any details, like the vehicle’s make, model, color, and license plate, if possible.
Step 4: Document Your Own Account of the Accident
As soon as you can, write down everything you remember about the accident. Include details like the time, weather, road conditions, and traffic situation. Describe what you were doing before, during, and after the accident. These notes will help you recall critical details later, especially as memories fade over time.
Step 5: Notify Your Insurance Company
Informing your insurance company about the accident is important, even if you were not at fault. California follows a fault-based insurance system, which means you will typically direct the claim against the at-fault driver’s insurance. However, in cases where the driver does not have adequate coverage, your own insurance policy may provide additional protection if you have uninsured or underinsured motorist coverage. Be truthful about the accident’s details when you speak with your insurer, and avoid giving recorded statements until you have legal advice.
Step 6: Calculate Your Damages
Accurately estimating the costs associated with a bicycle accident is key to ensuring fair compensation. Damages can include:
- Medical expenses. This encompasses the cost of emergency services, hospital stays, surgeries, physical therapy, and ongoing treatments.
- Lost wages. If the accident has impacted your ability to work, you may be eligible for lost income compensation.
- Property damage. This includes the cost of repairs or replacement for your damaged bicycle and any gear.
- Pain and suffering. This covers any emotional and physical toll related to the incident. In California, there are no caps on pain and suffering damages in personal injury cases, except in medical malpractice
Proving Liability in a Bicycle Accident Claim
To receive compensation in a bicycle accident claim, you must prove that another party was liable for the accident. California law follows a comparative negligence rule, meaning that if you are partially at fault, any compensation you receive may be reduced proportionately.
Key elements of proving liability include:
- Establishing Duty of Care. All drivers have a duty to operate their vehicles safely and avoid causing harm to others.
- Showing Breach of Duty. Examples include distracted driving, failing to yield, and other traffic violations that endanger cyclists.
- Linking Breach to Damages. You must demonstrate that the other party’s actions directly caused your injuries and losses
Time Limitations for Filing a Bicycle Accident Claim in California
In California, the statute of limitations for filing a personal injury claim after a bicycle accident is generally two years from the date of the accident. However, if the accident involves a government entity, such as a city vehicle, you only have six months to file a claim against that entity. Acting quickly is essential to avoid losing your right to seek compensation due to missed deadlines.