Cyclists aren’t an uncommon sight on roads. From biking to work to cycling solo or with friends, bike riding is a popular activity that only seems to be growing. Some cities even offer bicycles for rent. You insert your payment, hop on the bike, and return it when you’re finished.
Unfortunately, the growing number of cyclists is also increasing accident rates. So, do you need a bicycle accident lawyer if you suffer damages? The answer is probably yes, but you can help the claim process go more smoothly if you know what to do after a bicycle accident.
Report the Accident
Even if you can walk away from the accident, you still want to make a police report. Like most states, California doesn’t require immediate reporting of all traffic accidents but it’s still a good idea.
Waiting to report the accident can make it more difficult for the authorities and insurance adjusters to determine fault. Yes, a traffic accident can be your fault, even if you’re pedaling a bicycle.
California is an at-fault insurance state, meaning that the individual responsible for the accident is liable for any damages. So, if a fault is difficult to determine, it can impact your ability to receive compensation for your damages.
By waiting at the accident scene, you can answer any questions the responding authorities may have. Point out any witnesses. Their statements can be invaluable in helping to prove your claim. The authorities can also investigate the accident scene to better determine who the at-fault party is.
Seek Medical Attention
Hopefully, you wear protective gear every time you hop on your bicycle or at least you’re strapping on a helmet. While protective gear can significantly reduce your risks of significant injury, it can’t prevent everything. If you’re able, check for any injuries. If you need medical transport, don’t turn down the ambulance ride.
However, if you’re up and walking around, inspecting the damage to your bike, this doesn’t mean you should skip making an appointment with your healthcare provider. You may have internal injuries, and it can take a few days to start showing any signs or symptoms.
You’re also going to need copies of your medical records if you plan on including your injuries in the insurance claim.
Document the Accident Scene
Okay, don’t go overboard and try to become an amateur crime scene investigator. Leave this to the professionals. However, if your injuries allow you to help support your personal injury claim by documenting the accident scene,
Grab your cell phone and take pictures of any visible injuries, even if you only suffer a skinned knee. You also want to take pictures of any damage to your bicycle and its position. Where your bike ends up after the accident can help determine the fault.
If you notice any traffic cameras or business surveillance systems, make a note of their locations. The footage can be used as evidence in your personal injury claim.
If there are any witnesses to the accident, go ahead and get their contact information. However, don’t discuss any details of the accident. The at-fault party’s insurance adjuster will also interview any witnesses. Anything you say can be used to try and reduce the value of your claim.
Calculate Your Damages
Your damages are the primary reason you’re filing a personal injury claim. If there aren’t any damages, there’s no reason to ask for compensation. Your damages are your losses stemming from the accident, and the list can be extensive. The severity of the accident typically determines what’s included in your claim.
Most personal injury claims for bike accidents include medical expenses and property damage costs. If your injuries are severe enough to prevent you from returning to work, you may also be able to list lost income.
These are examples of economic damages, and most personal injury claims also list non-economic losses. These are damages like pain and suffering. Since these damages are intangible, determining the value can be tricky.
Your bike accident attorney can use either the multiplier or per diem method to calculate your non-economic damages. Which method your attorney uses typically depends on your claim.
Contact a Bike Accident Attorney
One step you definitely don’t want to skip is contacting a bike accident attorney to review your case. An attorney can help make sure that you receive fair compensation for your damages, all while also determining liability and accurately calculating the value of your claim.
To get a better understanding of your bike accident claim and the best way to proceed, it’s a good idea to reach out to a personal injury attorney for assistance.
