Getting hit by a car while riding your bike to work is both inconvenient and scary. You can be stuck with injuries, handling medical bills, and worry that you cannot make a living. One thing that tops your list of concerns is how to get compensation.
Who is at fault in a bike accident involving a motorist?
California law requires all drivers to exercise “due care” to avoid hitting cyclists. This means drivers must take notice of their surroundings and take necessary steps to prevent accidents. California bicycle law outlines the road rules for cyclists, including the right to ride on most roads. If drivers violate these rules and hit you, they are likely negligent.
Negligence means the driver failed to act as a reasonable person would in similar circumstances. You must prove negligence to win a personal injury lawsuit. However, California also recognizes the concept of “contributory negligence.” The court examines if you, as the cyclist, did anything to contribute to the accident. For example, were you riding at night without lights? Were you following traffic signals? The court will consider all details when deciding fault.
What can you recover in a bike accident claim?
If you can prove the driver’s negligence caused your injuries, you can seek compensation for various damages. These can include:
- Medical expenses: Any medical costs, past and future, related to the accident, like doctor’s visits, hospital stays, and rehabilitation
- Lost wages: Income you lost because you could not work due to injuries
- Pain and suffering: Coverage for the physical pain, emotional distress, and mental anguish the accident caused
- Property damage: Repair cost or amount to replace your damaged bike and other property
Building a strong case requires evidence, which includes accident scene photos, witness contact information, medical records, and police reports. Thoroughly documenting the accident and its impact on your life helps strengthen your compensation claim.
What should you do next?
Because determining fault and understanding legal complexities can be difficult, consulting an attorney is in your best interest. With their experience, they can protect your rights, lead you through the process and advocate for your best interests.