Do I Need a Bicycle Accident Lawyer?
While you are not required to get a bicycle accident lawyer after a bike crash, it’s important to protect your rights and consider your legal options. Bicycle accident lawyers help bicycle riders hold the at-fault party accountable and recover the compensation they deserve.
You may need a bicycle accident lawyer if:
- You suffered injuries in a bike accident.
- You are being blamed for the collision.
- You have suffered damages including medical expenses, lost wages, and pain and suffering as a result of the bike crash.
- You are having to communicate and deal with insurance companies.
- You need help negotiating a settlement or pursuing a personal injury lawsuit.
- Someone was killed in the accident.
When Do I Not Need a Bicycle Accident Attorney?
You may not need a bicycle accident lawyer if the accident was minor and there were no injuries. Therefore, the only damage that occurred was done to personal property.
It’s always a good idea to consult with an attorney to understand your legal options and protect your rights.
How a Fullerton Bicycle Accident Lawyer Can Help You
Bicycle accident lawyers understand the challenges faced by bicycle accident victims and can help them navigate the legal system and its complexities. Here are some ways a bike accident attorney can help a cyclist who was hit by a car:
Legal Expertise
Bicycle accident attorneys are familiar with the local traffic laws and will provide their clients with legal guidance and protect their rights.
Thorough Investigation
A personal injury attorney can investigate the circumstances of the accident, gather evidence, and interview eyewitnesses to build a compelling case.
Negotiation
A bicycle lawyer can negotiate with insurance companies and other parties involved in the accident to recover fair compensation for the victim’s damages, including medical bills, lost wages, and pain and suffering.
Strategic Legal Advocacy
A lawyer can act as a legal advocate for the victim, representing their client in court to obtain the compensation they deserve.
How Do I Prove Negligence in a Bicycle Accident in California?
In bicycle accident cases, the burden of proof can be complex. The plaintiff must demonstrate that the driver was negligent and caused the bike accident. In a personal injury case, the following four elements must be established to prove negligence:
The Duty of Care
The defendant had a duty to operate the vehicle in a reasonable and safe manner.
Breach of The Duty of Care
The defendant breached their duty of care by acting negligently. For example, the motorist ran a red light or failed to yield to a cyclist.
Causation
The defendant’s negligence caused the accident and the plaintiff’s injuries.
Damages
The plaintiff suffered damages, such as medical bills, lost income, and pain and suffering, as a direct result of the accident. California follows a comparative negligence system, which means that each party’s percentage of fault is taken into account when determining damages.
Proving negligence in a bicycle accident case can be challenging because it requires strong evidence to support each of these four elements. Consequently, it is important to work with an experienced bicycle accident lawyer who can help gather and present the necessary evidence to support your case.
Types of Compensation Available in a Bike Accident
A bicycle accident lawyer can help a cyclist pursue full and fair compensation by gathering evidence, negotiating with insurance companies, and advocating for their rights. It’s important to work with a skilled attorney who can help navigate the legal system and protect your interests.
Personal injury victims can recover various types of damages in bicycle accident claims, including:
- Medical expenses: The cost of medical treatment and medication for injuries sustained in the accident.
- Lost income: Compensation for wages lost due to the accident and recovery period.
- Pain and suffering: Compensation for physical pain and emotional distress caused by the accident.
- Property damage: Compensation for damage to the bicycle or other personal property.
- Loss of enjoyment of life: Compensation for the impact the accident has had on the victim’s quality of life.
A skilled bicycle accident lawyer can help you determine the full extent of your damages and pursue fair compensation for your losses.
How Long After a Bicycle Accident Do You Have to File a Claim?
A personal injury victim typically has a limited time to file a claim, known as the statute of limitations. In California, the statute of limitations for most personal injury claims is two years from the date of the accident. However, the time frame can vary depending on the type of claim and other factors.
It’s important to contact a lawyer as soon as possible after an accident to ensure that your claim is filed within the statute of limitations and to preserve evidence and witness testimonies. Waiting too long to file a claim can result in the loss of your legal right to recover compensation.
Should I talk to the Insurance Adjuster Before Consulting an Attorney?
If you are a bicycle accident victim, you should not speak to the driver’s insurance company without first consulting with an attorney. Insurance companies are often looking to minimize the amount they pay out for claims, and they may use tactics to take advantage of injured cyclists. These tactics can include:
- Offering a quick settlement before the victim fully understands the extent of their injuries and expenses.
- Asking leading questions to elicit damaging statements.
- Downplaying the severity of the victim’s injuries.
- Blaming the victim for the accident.
Insurance adjusters may take a victim’s words out of context to assign blame by using leading questions and taking statements out of context. They may also use a victim’s words against them to minimize the value of the claim.
Working with a Fullerton bicycle accident lawyer can help protect you from these tactics and ensure you receive fair compensation for your injuries. Bike crash attorneys will handle all communications with the insurance company and negotiate on your behalf to pursue the maximum compensation available.
Contact an Experienced Bicycle Accident Lawyer in Fullerton
If you have been injured in a bicycle accident, Commonwealth Accident Attorneys can help. Our bike crash attorneys work on a contingency fee basis, which means you pay nothing until we win your case. Our experienced bike accident attorneys have recovered millions of dollars in settlements and verdicts for our clients.
We understand the challenges that come with recovering from serious injuries, and we will work tirelessly to pursue the maximum compensation available for your medical expenses, lost income, and pain and suffering. Learn more about how a bicycle crash attorney can help you. Contact our Fullerton law firm today for a free case evaluation.
