Paceline Law Bicycle Injury Lawyer helps anyone that’s been hurt in a bicycle accident in Berkeley. These accidents can lead to serious, life-changing injuries, and many people aren’t aware of the support available to them under the law. Working with our experienced team can help you get the legal support and guidance you need. Contact us today to set up a free consultation and find out more.
Why Would You Need a Lawyer?
Berkeley’s ideal climate and bike-friendly environment make cycling popular, attracting plenty of riders. But with more people biking, the chances of accidents increase, meaning you or a loved one may face this unfortunate situation. While no one plans for a bike accident, it’s wise to consider your options in case it happens.
Although it’s not legally required to have a lawyer represent you in a bicycle accident claim, doing so can make the process much smoother. Our team has extensive experience helping Berkeley bicycle accident victims with their claims. Our approach includes:
- Figuring out who or what caused your accident.
- Gathering and reviewing evidence.
- Talking to witnesses and experts to build a stronger case.
- Managing all communications with insurance companies.
- Negotiating a fair settlement and going to court if necessary.
Bike accidents often mean you’re dealing with injuries that require doctor visits, possible surgeries, and physical therapy. Balancing recovery with the claims process can quickly become overwhelming, and that’s where our team steps in. We handle the legal side of things, allowing you and your family to focus on healing and moving forward.
How Do You Get Damages After a Bicycle Accident?
Whenever you’re in a bike accident, it’s going to cause you damage of some kind. Most of the time, this is going to involve injuries that make it difficult to enjoy your life the way you did before the accident itself. It also means losing money because of medical bills and missed work.
These play into your legal right to file a claim for “damages.” But to recover these damages, you have to either file:
- An insurance claim
- A lawsuit
An insurance claim is usually quicker since it happens outside of court, but because it’s totally controlled by the insurance company, they get to decide how much your claim is worth and how much they want to offer you in a settlement. An insurance company’s overall goal is to save money, so their offer is usually low.
At that point, you can file a lawsuit. It takes longer, but it’s a much fairer process. The tradeoff is that it takes much more time and effort from you. However, with a strong claim, you can potentially recover things like:
- Medical expenses – This includes all your medical bills and treatment expenses, like surgeries, ambulance rides, consultations, and ongoing care for permanent injuries.
- Lost income and future earning ability – These damages are for any lost wages while you’re unable to work, as well as any reduced earning ability due to the accident.
- Property damage – This is for repairing or replacing your bike, gear, clothing, or other personal items that were damaged.
- Pain and suffering – These damages cover the physical pain and mental suffering you experience because of the accident.
- Emotional distress – Separate from pain and suffering, this covers the psychological effects (like anxiety or PTSD) you may be dealing with.
- Reduced quality of life – This covers any negative changes in your personal life or relationships due to the accident.
- Wrongful death expenses – In the event the accident is fatal, you or your surviving family members can file a wrongful death claim where funeral or burial expenses can be recovered.
The success of your claim depends on factors like the details of your case, the level of injury and damages, and how well your case is presented. Working with my team can give you the best chance at a fair outcome. Keep in mind that in California, you have two years from the date of the accident to file your injury claim.
Who Pays For Damages in a Bicycle Accident Claim?
One of the biggest questions you’re going to have to answer once you decide to file an injury claim after a bicycle accident involves figuring out who exactly pays for your damages. In legal terms, this is called “liability” and it relies on proving negligence.
At least in the context of a bicycle accident, negligence means showing that someone:
- Failed in their duty to keep you and others safe, and this led directly to the accident and your injuries.
In some cases—like when a driver is speeding and hits you—it’s pretty clear who’s at fault. But other times, it’s not as simple. Usually, though, it falls on the following:
- Drivers – If a driver breaks traffic laws or isn’t paying attention, they can cause an accident with a cyclist and be at fault.
- Government agencies – Poorly maintained or designed roads and paths that lead to accidents could make the government responsible.
- Other people – Sometimes, pedestrians or other cyclists act carelessly, causing accidents, which could make them liable.
- Bike manufacturers – If a defective bike part leads to a crash, the manufacturer could be held responsible.
Each case depends on what exactly happened in the accident, so liability is going to be different in every accident. Once this is figured out though, the claims process opens up for you. But remember, there’s a few things you’ll need to do after the accident itself.
What Can You Do to Get the Most Out of Your Bicycle Accident Claim?
After the bike accident, it’s all about getting the right information and evidence you’re going to need for a potential claim. But with injuries and other factors, this is much easier said than done. Still, there are certain things you can do to get the most out of your claim, and it starts with taking care of your health and safety first:
- Get to safety and call 911 – If you’re able, get to a safe location like the side of the road or away from the bike path to avoid any further danger. Once you’re safe, call 911 for an ambulance. EMTs will come to the scene and take care of any immediate injuries before taking you to a hospital if it’s more serious.
- Wait for police – When you’re on with 911, have them send the local police to the scene. This might be the Berkeley Police Department or the California Highway Patrol, but officers will manage the scene and start gathering information.
- Swap insurance and contact information – If you’re able, share your contact and insurance information with everyone involved in the accident so you don’t have to ask for it later. This will allow you to file a claim quicker.
- Document the accident – Take pictures or videos of the accident site, damage to your bike, and anything else that could help explain what happened.
- Keep everything as evidence – Don’t throw away any items related to the accident, like damaged clothing or broken gear, as they can be helpful proof.
- Hold off on repairs – Wait before repairing your bike or any other damaged items, so they can be examined as part of your claim.
Taking these steps protects your ability to prove the extent of your injuries and losses that come up because of your accident, but it also has the added benefit of making sure you’re safe and your injuries are taken care of. From there, our team can help you gather the necessary evidence, from medical records to police reports, and support you through every part of the claims process.
Frequently Asked Questions
Is there a time limit to file a claim after a bicycle accident?
Yes, you have two years from the date of the accident to file a claim. It’s important to act within this timeframe because missing the deadline means you won’t be able to recover damages.
What should I do if the driver who hit me in Berkeley doesn’t have insurance or leaves the scene?
Call the police right away. If possible, note details about the car and driver, such as the license plate number or a description of the driver.
Can I still file a claim if I’m not wearing a helmet?
Yes. You should always wear a helmet when biking, but if you’re not at the time of the accident, it doesn’t prevent you from filing an injury claim.
Free Consultations For Bicycle Accident Victims in Berkeley
No matter what causes them, a bicycle accident in Berkeley is always unfortunate. Biking in Berkeley should be enjoyable, especially in such a bike-friendly area. But it’s essential to recognize that biking does come with risks, some of which are beyond your control.
At Paceline Law Bicycle Injury Lawyer, we’ll take care of your claim and provide the support you need to recover from your injuries. To get started, contact us today for a free consultation.
