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Important Factors to Consider If You Have Been Involved in a Bicycle Accident

As people become more aware about their health and the environment, and especially in the more urban/city areas, more and more commuters are opting to use bicycles as their preferred method of transportation to and from work. Bicycles are considered as some of the most clean and healthy choices of transportation. It is essential to recognize, however, that many commuters will continue to use automobiles and other vehicles; thereby, placing many bicyclists at risk for unexpected collisions and serious injuries.

Bicyclists run the risk of being injured by careless drivers, careless pedestrians, unsafe roads, and even by faulty and defective bicycle designs.  Helmet use is important but not always necessary to make a valid claim. In all of these instances, under California law, a person who has suffered an injury due to the recklessness of another has the legal right to file a personal injury claim to seek restitution for his or her grievances.

If you have been injured because of another’s negligence or lack of care, consider speaking to a qualified attorney who can help you understand your options. Suffering injuries because of a bicycle accident can lead to a multitude of physical and financial complications; speak to a personal injury that can assist you.

Filing a Personal Injury Claim

The party responsible for the bicycle incident can be held responsible for the damages and be court ordered to pay monetary damages. If you have been injured after being involved in a bicycle accident, you may file a claim to recover compensation for the following:

  • Bicycle and bicycle gear damage, property damage
  • Physical injury, paint and suffering
  • Loss of wages, (past and future)
  • Medical care costs (past and future).

When seeking monetary compensation, consider speaking to a qualified attorney who can guide you through the process of filing for a claim. It can be essential to speak to an attorney before speaking to the liable party’s insurance company. It is commonly known that insurance companies are out to make a profit and protect themselves.  If they do try to settle a claim, it is probably for a lesser amount than what you truly deserve. An experienced attorney can productively speak and negotiate with an insurance adjuster on your behalf, with litigation, if necessary.

What To Do in the Aftermath of an Incident

If you or someone you know has been involved in a bicycle accident, there are several other factors that must be considered. The following is a short list of important factors that could not only help your safety and wellbeing, but can also play a part when filing for a personal injury claim.

  1. Call 9-1-1
    1. If you have been hit by a moving motor vehicle, call for emergency medical services immediately.
  2. Seek medical attention
    1. You should always consider seeking medical attention after the incident. Many accidents can lead to a victim feeling shock or a form of adrenaline rush that could prevent him or her from feeling any sort of pain. Not seeking medical attention can lead to physical complications in the future. Not seeking medical attention can minimize or even invalidate a person’s ability to obtain monetary compensation from the liable party.
  3. Gather information
    1. After an incident, videos and pictures of the location, the damaged vehicle and bicycle, points of impact and points of rest the driver’s license plate, as well as any roadway signs, and injuries will be helpful.
    2. Obtain the contact information of the parties involved as well as any witnesses present.

Obtain Legal Representation

While riding bikes can help with a person’s health as well as the environment, the many vehicles that continue to be on the road present hazards that may lead to very serious injuries and the need to engage a qualified, experienced law firm.

If you are a cyclist or a victim who has been injured because of another’s carelessness, consider speaking to an experienced attorney. The attorneys at Heiting and Irwin have extensive experience in the field of personal injury law. Time is of the essence; speak to a qualified attorney who has the right experience.

Mr. Serrano has been admitted to practice before California State and Federal Courts. He was named to the Super Lawyers’ 2012, 2013, 2014, 2015, and 2016 Southern California Rising Stars List, an honor awarded to no more than 2.5% of attorneys in Southern California each year. View Attorney Jean-Simon Serrano's Attorney Bio Here.

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