Understanding Bike Accident Claims:
A Bicyclist’s Guide to taking Legal Action in California

Cycling accidents in California

If you or someone you love has been injured in a California bicycle accident, it is important to know what your rights are, so that you can get the compensation that you deserve.

 

And this in-depth guide outlines what to do after an accident, the legal process of filing a claim, as well as how to ensure that your rights are protected in the process.

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    What to Do Immediately Following a Bike Accident

    Prioritize Your Health

    Get medical help right away, even if you think injuries are mild.

    Injuries may not be readily apparent, and medical records are evidentiary to your case.

    Document the Scene

    Gather as much info as possible:

    Take pictures of the accident, your injuries and any damage to property.

    Gather the names and numbers of witnesses.

    Ask to see the police report.

    Report the Accident

    Inform the local police and your insurance provider of the accident.

    When talking about the incident, be honest but do not accept responsibility.

    OUR CLIENTS ALWAYS COME FIRST

    OUR CLIENTS ALWAYS COME FIRST

    Liability and Negligence Explained

    California is a comparative negligence state and liability may be divided
    among one or more parties for an accident.

     

    Even if you were partly to blame, you could still receive compensation,
    albeit in a lesser amount reflecting a percentage of your fault.

    Liable parties can include:

    Car Drivers: If the car driver disobeyed traffic rules or was texting while driving.

    Government Agenies: Whether or not bad or unsafe roads caused the accident.

    Bicycle Manufacturers: If a bicycle defect was the cause of the accident.

    How to File a Bicycle Accident Claim

    Consult an Attorney

    A seasoned bicycle accident lawyer can help you sort through the legalities of your case, collect evidence and negotiate with insurance companies on your behalf.

     

    Determine Damages

    Settlements may include:

    Medical - Prevailing and prospective costs.

    Lost Wages – Earnings lost because you are unable to work.

    Pain and Suffering - Bodily pain and mental anguish.

    Property Damage - Repairs or replaces your bike and gear.

    Understand Time Limits

    In California, you have two years from the date of the accident
    to file a personal injury claim
    .

     

    If a government agency is involved,
    you have to file a claim within six months.

    We offer free consultations

    We offer free consultations

    Navigating the Legal Process

    Below are the common processes such cases usually follow:

    Enquiry: Collecting sufficient evidence.

    Negotiation: Trying to come to an agreement with insurance of at-fault party.

    Litigation: When no settlement is reached, filing a lawsuit and appearing in court.

    During the entire process, Beverly Hills Injury Firm will fight for your rights
    and strive to obtain the highest possible settlement for you.

    FAQ's

    Yes, you can still have a claim if you were partly at fault. In California, it’s a comparative negligence state, so your damages can be offset by your proportion of fault, but it doesn’t necessarily disqualify you from seeking damages. For instance, if you were 20 percent at fault and had $100,000 in damages, you could still recover $80,000. We will help evaluate the details of your case to establish fault and push for the maximum recovery you deserve.

    Compensation that you may be entitled to in a bicycle accident may include:

    • Current and Future Medical Bills
    • Loss of Earnings and Decreased Earning Capacity
    • Damage to your bike and equipment
    • Costs of rehabilitation or care over the years

    No two cases are the same, and we’ll fight to build a case that represents the complete impact of your injuries.

    Time Limits for Making a Claim In California, the statute of limitations for an case is two years from date of the incident. But if a government agency is responsible (say, a city or county in charge of maintaining a road), you’ll get only six months to file a claim. You need to act quickly to protect your rights and to ensure all deadlines are preserved.

    Go to the doctor: You’re your own best witness, and records can give your claim weight.

    Record the scene: Photos, contact information for witness and specifics of driver/other party involved.

    File a Police Report: This records the incident as a matter of official record.

    Don’t talk to insurance adjusters until you’ve talked to a lawyer: What you say could be used against you.

    We will walk you through each step to ensure that your rights are preserved from the very beginning.

    We work on a contingency fee basis, so we only collect payment if we win compensation for you,  and our fee is a percentage of your settlement or verdict. This allows you to seek justice without the burden of legal fees.

    Navigating the Legal Process

    Working with a law firm such as Beverly Hills Injury Firm for your bike accident lawsuit means that you are represented by an expert in the law relative to California. Our lawyers are known for their exceptional abilities and dedication to achieving the best results possible for our clients throughout our state.

    If you have been involved in a bike accident in California, contact Beverly Hills Injury Firm for personalized legal service. We are experts in bicycle accident cases and we will fight to help you preserve your rights and get you the maximum compensation you are entitled to.

    Note: This guide is for informational purposes only and does not constitute legal advice.

    FOUNDER & TRIAL ATTORNEY

    Meet Shawn Mangoli

    “Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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