As a cyclist and bicycle accident victim advocate, the author has learned several lessons over the 20 plus years he has been riding and practicing personal injury law. On this article, you will find some of the tips he would like to offer to victims of bike accidents.
1) No accident is too small to do something about
Cyclists are used to “shaking it off” as they regularly deal with falls, aches and pains, and sometimes tough weather and road conditions. When they get in an accident that was not their fault, many riders fail to either report it or pursue a personal injury claim against the party at fault. Don’t be afraid to protect your legal rights. If you have suffered damage to your bike and have been hurt as a result of someone else’s negligence, you are legally entitled to recovery for your damages.
2) Not wearing a helmet and protective/reflective gear can hurt your case
Not only can wearing a helmet and protective gear help prevent serious injuries and even death, it can help validate and enhance your personal injury claim-should you file one. We have seen cases in which cyclists with serious head injuries have been denied full compensation for their injuries, because they were not wearing a helmet at the time of the accident.
3) Don’t assume you have no case if the accident was partially your fault
In California, under the comparative law standard, if someone is injured and he or she is partially at fault, that person can still file a personal injury lawsuit seeking damages. However, that plaintiff's damages award will be reduced by the percentage of fault that is assigned to the plaintiff.
For instance, suppose you were hurt in a bicycle accident and were found to be 60 percent at fault. If you are seeking $100,000 in damages, you would still be able to recover $40,000 in damages.
4) Don’t assume you have no case if the police report mistakenly put you at fault
We have had several cases in which police reports found our personal injury clients at fault, only to be proven inaccurate by our meticulous investigation. If you believe you were falsely attributed fault in a bike accident, do not give up. An experienced bicycle accident attorney should have the resources and expertise to prove the police report wrong and fight for your legal rights.
5) Don't negotiate with the party at fault or their insurance company
Attempting to negotiate a deal with the party at fault or a settlement with their insurance company on your own can be risky. Not only are you going against defendants trying to settle quickly and for as little money as possible, but you may be compromising your case—especially if you have not obtained expert advice regarding the source, extent, and effects of your injuries.
Oftentimes, bicycle accident cases are complex and difficult to litigate-especially when liability issues and serious injuries are involved. Hiring an experienced personal injury attorney can make a huge difference in the outcome of your personal injury claim.
