Walnut Creek Bicycle Accident Attorney

Being involved in a bicycle accident can be scary. Thankfully, you may be eligible to collect compensation to pay for medical expenses, lost earnings, and intangible losses such as consortium or pain and suffering.

Your first step is contacting the knowledgeable bicycle accident attorneys at Pocklington Law Offices for a free initial consultation. Let us provide an analysis and review of your legal avenues, answer questions, and help you decide on your next best steps. Call (925) 295-1304 to schedule yours today.

Walnut Creek Bicycle Accident Attorney

Your Bicycle Accident Attorney in Walnut Creek, CA

Walnut Creek offers plenty of opportunities for bikers to commute or simply enjoy recreational activities. Unfortunately, this can also lead to injuries. In fact, in 2015, 5,376 people lost their lives in accidents involving a pedestrian and a motor vehicle – a rate of nearly 15 people on any given day of the year. Of these, 818 people were bicyclists, which represents a 6% increase in fatalities since 2006.

More commonly however, bicycle accidents lead to injury – some 45,000 bicyclists reported injuries in 2015, but research into hospital records shows that these incidents go underreported – in fact, bicyclists report as little as 10% of bicycle injuries to the police.

Unfortunately, California leads the nation in bicyclist fatalities, with 128 deaths in 2015. According to the Insurance Institute for Highway Safety, most of these deaths (about two thirds) were due to alcohol impairment or lack of helmet use.

If you or a loved one has recently sustained serious injury in a bicycling accident, you know how quickly expenses add up. Between paying for medical bills and lost work wages, you may be struggling to make ends meet. Fortunately, California provides law recourse for victims of bicycle injury using the theory of negligence.

Proving Your Bicycle Injury Claim

Like most personal injury claims, victims may gain compensation for their injuries when another party is legally liable for them. Knowing the basic rules of liability can help you better understand your legal options following an accident. The following principles inform liability following a California bicycle accident:

  • “Share the road.” Both bicyclists and motorists have a legally binding obligation to share the road with one another. In other words, both parties must follow all applicable traffic laws and be on the lookout for potential hazards. If a driver breaks a traffic law and the action results in your injury, that person may be liable for injuries.
  • Negligence. The theory of negligence underpins most personal injury claims, and refers to the idea that the person at-fault for an accident did not act reasonably. For example, a person might commit negligence when they speed, operate under the influence, or drive recklessly. The key to proving negligence is providing enough evidence that someone else would have acted differently in the same circumstances. A reasonably careful person, for example, would follow all the rules of the road and adhere to all applicable traffic laws.

What to Do After an Accident

When you’re involved in an accident with a motor vehicle, there are several things you can do to protect your claim:

  • Wait for the police, if possible. A police report can be invaluable to your case, as insurance companies will review these to make a determination of fault. If you’re able, wait to talk to a police officer before receiving medical treatment.
  • Get contact information from witnesses and the other driver. The responding police officer may collect this information as well, but it’s safe not to assume anything. Ask for names, addresses, and phone numbers from the driver and any other eyewitnesses.
  • Provide as much detail as possible. When giving your version of events to the responding officer, be thorough. Report all your injuries, symptoms, and provide details about what was happening at the time.
  • Take pictures with your phone, if possible. This includes your injuries, pictures of the accident scene, and any property damage (such as damage to your bike).
  • Seek appropriate medical care. Your official medical records will serve as further documentation of your injuries.
  • Preserve as much evidence as possible. It might be tempting to send your beloved bike to the shop for repair, but wait. A claims adjuster will likely want to see the damage to your bike when he or she is completing an investigation.
  • Hire a bicycle injury attorney to protect your interests and help you gain compensation for your injuries.

Last, don’t sign any paperwork from an insurance company unless you have the approval of an experienced bicycle accident attorney. Insurance claims adjusters represent their company’s best interests, not yours. A personal injury attorney will help protect your best interests and ensure you’re getting the compensation you deserve.

Our convenient Walnut Creek Location:

37.9076894 -122.0557513