YOUR EAST BAY BIKE ACCIDENT ATTORNEY
Walnut Creek offers plenty of opportunities for bikers to commute or simply enjoy recreational activities. California leads the nation in bicyclist fatalities, with 128 deaths in 2015, according to the Insurance Institute for Highway Safety. Most of these deaths were due to alcohol impairment or lack of helmet use.
More commonly however, bicycle accidents lead to injury – about 45,000 bicyclists reported injuries in 2015 – but hospital records show that these incidents go underreported. Bicyclists report as little as 10 percent of bicycle injuries to the police.
Victims may gain compensation for their injuries when another party is legally liable for them, and we’re here to support you. At Pocklington Law, we’ll help you understand what the basic rules of liability are so you can better understand your legal options following an accident.
Submit your online request for a free consultation and case review using our online form or give us a call at (925) 295-1304 for a free consultation. Read further for more information on bicycle accident claims.
If breached, the following guidelines constitute liability:
“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. Negligence 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 should I do immediately following a bicycle accident to protect my claim?
Try to do as much of the following as possible following the accident:
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 like us to protect your interests and help you gain compensation for your injuries.
DO NOT sign any paperwork from an insurance company unless you have the approval of an experienced bicycle accident attorney, like us. Insurance claims adjusters represent their company’s best interests, not yours. We always have your best interests at heart. 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. 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.
We will help protect your best interests and ensure you’re getting the compensation you deserve.