Have You Been Injured in a Bicycle Accident? Explore Your Legal Rights
A collision with a motorist while on your bike can have far-reaching and devastating impacts. Often leading to traumatic brain injuries, broken bones, dislocated shoulders and worse, a bicycle accident can go beyond immediate injury and extend to long-term disability. Knowing your rights and responsibilities as a bicyclist is imperative in gaining the proper compensation for your injuries. You may assume you have no case. You may not want to seem like a bother. You may assume your insurance company will take care of you. First off, THEY WON’T and secondly, you have every right to pursue legal action if you have suffered devastating and ongoing injuries that keep you from working or functioning properly.
After a bike accident, no matter how small or large your injuries, never assume you will be taken care of. It’s up to YOU to make the first move to call an experienced personal injury lawyer that focuses in bicycle accidents. Power Legal Group is your trusted Los Angeles bicycle accident attorney regarding what your legal rights are after an accident with a motorist. You make the first call; we will make sure you are taken care of under the law.
Knowing the Law
In most states, including California, a bicycle is considered a legal vehicle and anyone riding a bicycle takes on all of the rights and duties of a driver of a motor vehicle. With those rights come responsibilities and adherence to the law. That’s why it’s important to be aware of all local laws so you can be assured of protection under the law in the unfortunate event you are hit while riding your bike.
Here are some quick facts about the law in California regarding bicyclists as outlined by the California Bicycle Coalition:
- You may ride wherever you want (EXCEPT on freeways and toll bridges) as long as you are moving as fast as the rest of traffic.
- If you are moving slower, you may still “take the lane,” staying as close to the right side of the road as possible EXCEPT when passing, engaging in a left turn, avoiding objects or people in the road, if the lane is too narrow, or when making an authorized right turn.
- Use the bicycle lane if one is present.
- Ride with traffic.
- Ride on sidewalks only when you know what the local law is on this matter; each city has its own ordinance regarding sidewalk bicycle use.
What to Do After a Bike Accident
Some accidents are severe enough that you will require immediate medical attention after a collision with a motorist. These situations are out of your control. However, after involvement in a bicycle accident where you are injured but aware, there are certain steps you should take to protect your own rights and support any insurance and legal proceedings that may arise later. We understand you may be upset and rattled after an accident, but being cognizant of the present circumstances as they relate to your future is critical. As such, it’s important to follow protocol when and if you are able.
- First, call 911 to request police presence.
- Obtain all relevant information about the other driver and vehicle, including: name, date of birth, contact information and insurance information; license plate number and state of issue; names and phone numbers of witnesses; and the name and badge number of the responding police officer.
- Request that the motorist and witnesses wait for police to arrive at the scene. If the motorist refuses or does not give you the requested information, take out your phone to snap a picture of them and their vehicle or write out a quick description of the person as well as their license plate.
Once police arrive:
- Request an incident report if there has been a personal injury or property damage.
- Give a clear and accurate statement to the officer about the accident.
- In the event the accident resulted from dooring, request that the officer cite the motorist for dooring.
- If it’s a hit and run situation, file a police report immediately.
- Take photos of the accident scene as well as damage to your bicycle and the other vehicle.
Afterwards:
- Request detailed documentation of your injuries.
- Attend all recommended doctor appointments and go through all treatments.
- Create your own detailed version of what happened.
- Contact witnesses and request that they email you their version of the accident.
- Take photos of your injuries.
- Get an estimate for bike repairs.
Most importantly throughout all of this, do not communicate with the insurance company in any way until you have placed a call to your Los Angeles personal injury lawyer. An experienced attorney can investigate your case to determine negligence and liability, then help you file a claim for damages and losses.
Contact Power Legal Group Today
Are you lost in injuries and a mountain of medical bills? Reclaim control of your life and contact Power Legal Group, your trusted Los Angeles personal injury firm. We would be happy to offer you a free consultation at 800-323-POWER (7693).
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