Paceline Law Bicycle Injury Lawyer helps people in Berkeley when they’re hurt in an accident. There’s a lot of different kinds of accidents you could be in, but when you’re hit head-on by a moving car, it makes things much more serious. My firm can help you through the claims process and make sure you have what you need to get better. Contact us today for a free consultation.
Why Would You Need a Lawyer?
You’re not required to hire a lawyer after a bicycle accident, and for minor crashes, you might not need one. But head-on bike accidents usually lead to serious injuries and complicated claims. That’s where my firm and team can help you by:
- Collecting evidence to support your claim
- Figuring out how much financial support you might be able to get in a claim
- Dealing with insurance companies so you don’t have to
- Simplifying the process, letting you focus on recovery
The choice to work with us is entirely yours. Our initial consultation is free and we work on a contingency-fee basis, meaning you pay nothing upfront.
What Should You Do After a Head-on Bicycle Accident?
One of the most difficult parts of a head-on accident as a bicyclist is that it’s totally unexpected–most of the time. As a bicyclist, you’re rarely going to see a car coming at you head-on, let alone have time to react. Still, when you’re involved in one of these kinds of accidents, there’s certain things you’re going to need to do:
- Call 911 – Get to a safe spot and call 911. The dispatcher should notify the local police to report the accident. Their report will be an important record of what happened. 911 will also send an ambulance to take care of your injuries.
- Take pictures and get details – Snap photos of the scene, your injuries, and the damaged bikes. If there are witnesses, get their contact information.
- See a doctor – Even if you feel okay, get checked out by paramedics at the scene. Most likely, your injuries are going to be pretty serious in a head-on collision. So, you need to seek further care with a doctor.
- Save your documentation – Keep all bills, repair estimates, and other documents related to the crash. These will support your claim.
- Be careful with insurance – Be very careful when talking about the accident with police or insurance reps. They might try to downplay your claim. Give accurate details to the police and insurance companies when asked.
Taking these steps after any accident is important, since it effectively forms the foundation of what you’ll need in terms of information and evidence. But remember, a head-on accident as a bicycle rider is going to probably be pretty serious. So, you might not be able to take all these steps on your own. That’s when you can turn to our team for support–especially when it comes to actually filing your claim.
Who Pays For Damages After a Head-on Bicycle Accident?
The first step in the claims process might seem a little obvious, but it’s very important. You have to figure out who’s at-fault. This is called “liability,” and it tells you who must (legally) cover your injuries and damages.
To do this, you have to show negligence, which means showing:
- Someone had a duty to act responsibly and avoid causing harm.
- They failed to meet that duty.
- That failure directly caused the accident in question.
- The accident leading to your injuries and losses.
Even with these guidelines, liability depends on the circumstances. Now, in a head-on accident, it’s probable that the driver that crosses a line and hits you is going to carry most of the liability. But others might share some of that liability, like:
- Other drivers or bicyclists
- Pedestrians
- Government agencies
- Car or parts makers
You could also share some responsibility if you were also being negligent. In California, this is called comparative negligence, which means your damages may be reduced based on the percentage of fault assigned to you.
That’s why building a strong case is so important–to make sure you receive the fairest settlement offer you can from the insurance company.
How Do You Get Damages After a Head-on Bicycle Accident?
It’s not hard to see how a head-on bicycle accident can be so damaging. Another cyclist or vehicle comes straight into your path at high speed, leaving you little time to avoid the collision. Worse yet, the impact often targets areas like your head, neck, and upper body, leading to more serious injuries.
Your claim isn’t just about your injuries–it’s also about all your losses, like medical bills and how the accident affects your daily life and relationships. But to get these “damages”, you have to file a claim by:
- Filing an insurance claim
- Filing a lawsuit
An insurance claim usually wraps up much quicker. The tradeoff is that it’s totally controlled by the insurance company and their goal is to save money by offering you less than what you might need. At that point, you might think about filing a lawsuit. It takes more time and effort, but gives you a better chance at recovering full damages, which involves things like:
- Medical expenses and ongoing care needs
- Lost income or loss of earning potential
- Repair costs for your bike or other gear that was damaged in the accident
- Costs relating to your pain, suffering, and emotional distress
- Reduced quality of life or companionship costs
- Wrongful death expenses, if injuries are fatal (filed in a “wrongful death” claim)
The amount you recover depends on how well your case is presented. Our team at Paceline Law is here to help you build the strongest possible claim, using evidence and our experience to maximize what you can get in your claim. But, don’t forget about California’s statute of limitations. You have two years from the date of the accident to file a claim.
Free Consultations After a Head-On Bicycle Accident in Berkeley
Recovering from a head-on bicycle accident in Berkeley can be totally overwhelming, leaving you with serious injuries and other questions about your recovery. At Paceline Law Bicycle Injury Lawyer, we understand how these accidents impact every part of your life. Let us handle the legal process while you focus on healing. Contact us today for a free consultation and take the first step toward getting the financial support you deserve.
