What you do immediately after a bicycle collision can determine whether or not you win your case. According to California’s Statewide Integrated Traffic Records System, the majority of bicycle collisions are blamed on the bicyclist. To make sure you are treated fairly, it is important to retain an experienced bicycle accident lawyer immediately.
Accidents between motorists and bicyclists
An analysis of San Diego County accidents between bikes and cars, that resulted in injury or death to bicyclist where fault was determined, from 2011 to 2013.
Percentage of accidents where bicyclists were most at fault
In accidents in which investigators officially determined blame, bicyclists were most responsible more than half the time each year.
Source: California Statewide Integrated Traffic Records System
If you have been injured in a bicycle accident, the insurance carrier for the other party will likely say it is your fault. And juries are predisposed to believe it is the bicyclist’s fault. You need an experience bicycle accident lawyer on your side. Call the Law Offices of Howard Kitay today for a FREE CONSULTATION.
Our experienced bicycle accident lawyers have successfully resolved bicycle accident all over San Diego County and throughout California. California law provides an injured bicyclist may recover compensation for the following elements of damages:
- Medical expenses, including past and future care
- Pain and suffering from the time of the incident through the time the injury is resolved, including future pain and suffering
- Lost wages – when a cyclist cannot work or return to his or her employment at the time of the accident, he or she may recover lost wages
- Property damages – a cyclist may recover compensation for damage to his bicycle and any gear damaged in an incident caused by a negligent driver.
If you have been involved in a bicycle accident you should:
- Seek medical attention immediately. Delaying treatment may jeopardize your physical well-being AND hurt your legal case.
- Take notes. Record the driver’s name, address, phone number, insurance agency and the make, model and license plate number of their vehicle.
- Obtain any information of witnesses.
- Take photos and examine the scene.
- DO NOT SPEAK WITH ANY INSURANCE COMPANIES, EVEN YOUR OWN. Instead, be smart: hire an attorney and let your attorney do the talking for you.
- IMPORTANT: There is a statute of limitations which creates a deadline by which you must settle your case or file a lawsuit. It is important to consult an attorney as soon as possible following an accident to make sure proper deadlines are calendared and all evidence obtained and preserved.
If you or a loved one has been injured in a bicycle accident, call the Law Offices of Howard Kitay today at 619-442-0542 for a FREE CONSULTATION.