Were You Injured in a Bike Accident? Call Us Today!
One of the biggest challenges that cyclists in Los Angeles face after getting involved in an accident is mostly lack of information on their rights as victims and even as perpetrators of the accident. As ignorance peddles the suffering of bicyclists, the United States Department of Transportation continues to report an alarming number of deaths and injuries from bicycle accidents. Here are frequently asked questions compiled by an experienced attorney on the subject.
What Should I Do if I am Injured While Riding a Bicycle?
After receiving the on-scene first aid, call the police and explain what happened. Suppose you are not in a position to ask someone to call on your behalf. If you experience severe internal pain or bleeding, seek proper medical attention immediately.
In case the basic first aid helps to relatively stabilize you, use your phone to take photos or videos of the scene, making sure that you capture everything that can be used to support your claim in a court of law.
If there is any physical evidence that will help a personal injury bicycle accident lawyer to argue the case for you, take it. Gather all information of the perpetrator’s car registration, the driver’s license number, and their name. Also, speak to one or two people who witnessed the accident occur, and take their contact details if they consent.
After you have these in safe custody, seek proper medical attention. Record every diagnosis, prescription, and the amount of money you spend on treatment. Document these using medical records and payment receipts.
What would happen if I am injured while riding a bicycle without following proper rules?
Bicyclists enjoy the same rights as other road users. As such, bicyclists are obligated to be responsible road users, following all the bicycle safety requirements stipulated by the National Highway Traffic Safety Administration. The requirements include:
Wearing correctly fitting riding gear
Riding with both hands on the handlebars unless indicating a turn
Driving with the flow of the vehicles
Obeying road signs and markings
Abstinence from using mobile phones or wearing headphones while riding
Riding on the road as opposed to the sidewalk
If the defendant can prove to a court that the accident occurred when you were breaking these laws, the judge may refuse your claim.
In Which Ways Can a Bicyclist Be Found Culpable of Causing the Accident?
It is easy for a bicyclist to cause an accident. Bicyclists are required by the law to ride on the far right side of the road, failure to adhere to this may cause distraction and even an accident. Other ways of causing an accident may include: ramming into a parked car, hitting a pedestrian – given the side-of-the-road rules, failing to give a hand signal while turning, riding against traffic, and breaking general traffic rules.
Unfortunately, no insurance policy in Los Angeles covers another party who is injured by you when riding a bicycle. Always keep in mind that, unless you are 100% at fault, do not accept 100% liability if the other person was partly to blame for the accident. As a bicyclist, you should have a cyclist crash lawyer in Los Angeles on your dial list so that you can get advice on when to admit liability and when to challenge it.
What is the Maximum Time I can take before Filing a Case?
An adult bicyclist who is injured has up to two years to file a complaint. A minor bicyclist has up to two years after their eighteenth birthday to file a case. Any period beyond this will render the case obsolete. The best advice is to act quickly, and hire legal representation before time runs out.
What Should I do when a Vehicle Hits Me and Speeds Off?
There are frequent reports on bicyclists hit by vehicles that speed off in Los Angeles. Most of the cyclists who are injured by a hit and run driver fail to get justice because they’re resigned to fate. Their primary reasoning being that the perpetrator sped off. Frequently, however, if you ask around, there might be someone who saw the car or the driver or even the particular way its brake lights were hanging. If you manage to get any of these, call the police immediately for tracking of the driver.
Consult a personal injury bicycle accident lawyer who is familiar with hit-and-run drivers.
Is the Driver Always at Fault in a Bicycle Accident?
A reasonable attorney will tell you that the driver is innocent until a proper investigation has been carried out, and the results show that the driver was negligent. The assumption that the injured bicyclist is innocent and that the driver whose car caused the injury is guilty of causing the accident is wrong. You will find that bicyclists are sometimes deterrents to road safety.
What Should I Do If I Got Injured Because of a Danger Caused by a Bad Road?
If you got injured because the road you were riding on had an unmarked danger – say unannounced road maintenance or an unreported pit, or even poor signage you can sue the government body responsible for maintaining that section of the road.
While suing an individual, a bicyclist is given up to two years, but when suing the government, one has up to six months to give notice of their claim.
Which Damages Can I Claim After an Accident?
You can get compensated for monies used for medical treatment, bicycle repair or loss, loss of capacity to make an income in the future, psychological effects of the accident, among others. These are easily demystified by bicycle accident lawyers.
It is essential to note that you may have a case, but if you, or your lawyer are unable to prove it before a judge, then you will lose compensation.
Have you or someone you know been involved in a bicycle accident? Contact us today, and get the best representation in Los Angeles to represent your case.
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