Paceline Law Bicycle Injury Lawyer helps anyone that’s been injured in a California bicycle accident. The Walnut Creek area is a great place to ride your bike, but this unfortunately means accidents are also a possibility. At Paceline Law, we’re dedicated to supporting you through this tough time and guiding you through the claims process. Contact us today to set up a free consultation.
Do You Need to Get a Lawyer?
Whenever you find yourself hurt in a bicycle accident–or someone you care about is–in Walnut Creek, being prepared is key, and knowing what steps to take after an accident is extremely important. While it’s not a legal requirement, having my firm on your side can simplify the process. Here’s how we can help:
- Finding who is at-fault for the accident
- Gathering evidence and information
- Talking to witnesses and experts
- Handling talks with insurance companies
- Negotiating for a fair settlement
We hope your accident is minor and you don’t get hurt, but many bicycle accidents can lead to serious injuries. These might need medical visits, surgery, or physical therapy. Dealing with insurance while trying to recover can be really stressful. That’s where our team can help. We handle everything, so you and your family can focus on healing and getting back to your normal routine.
What Do You Need to Do After Being in a Bicycle Accident?
Obviously, you never really know when you’ll be in a bicycle accident. In fact, they often happen no matter how careful you are. You simply can’t account for the actions of others, whether it be drivers, other bicyclists, road maintenance workers, or even bike makers. Although you’re not powerless in the situation, there are certain things you need to do after the accident to protect your rights:
- Move to safety – If you can, get to a safe spot to avoid more injuries. This shows that you’re acting responsibly after the accident, which helps your case.
- Call 911 – Seek medical help as soon as possible by calling 911. This not only treats your injuries but also creates a medical record that links your injuries to the accident, which is important for any claims.
- Exchange details – Gather the names and insurance information of everyone involved, including witnesses. This information is essential for building your case and filing claims.
- Take pictures and videos of the scene – Use your phone to take pictures of the accident scene, your bicycle, and anything important around you. These images serve as evidence of what happened and can help show who is at fault.
- Report the accident – Call the police or relevant transportation department to report the accident and file an official report. This creates a formal record, which can be helpful for any legal matters later.
- Don’t admit fault – Be careful not to say anything that sounds like you’re taking blame for the accident. Even if you think you might be at fault, admitting it can hurt your chances of getting compensation.
- Keep track of evidence – Keep all documents related to your medical treatment, the accident report, and any communication about the accident. These records are key for proving your case.
- Follow medical advice – Follow your doctor’s recommendations for treatment. This shows you’re serious about recovering, which can help your claim. Also, keep track of any expenses related to your injuries, since you’ll need this information to calculate your damages.
The aftermath of a bicycle accident is pretty scary, since you’re likely dealing with pretty significant injuries. Regardless, taking these steps is important, since it forms the very foundation of your claim.
Who’s Liable For a Bicycle Accident?
Whether it happens as you’re riding along Walnut Boulevard or the Iron Horse Trail, a bicycle accident in Walnut Creek is going to be caused by something–and that means someone is responsible. This responsibility, in legal terms, is called liability and is incredibly important for your claim–it tells you who has to pay for your damages.
But in a typical bicycle accident, it’s not always easy to figure this out. In general, it’s going to rely on showing “negligence,” which means:
- Someone didn’t fulfill their responsibility to keep you safe, resulting in the accident and your injuries.
In a bike accident, several people or groups could potentially share responsibility, depending on the details of the accident. These might include:
- Drivers
- Employers (if the driver was working or driving a company vehicle)
- City or state government, depending on the location
- Construction crews
- Repair shops
- Parts manufacturers
Ultimately, liability is going to come down to the individual circumstances of your accident. But, in very real terms, a bike accident is going to mean significant injuries and other losses you have to deal with. And the best way to deal with it is to go through the legal process.
What Legal Options Do You Have After a Bicycle Accident?
Reaching the point to where you need to file a claim after a bicycle accident is pretty standard. Basically, You have the right to file a claim for damages from the person or group responsible for causing the accident. You can do this in two ways: by filing an insurance claim or by taking legal action with a lawsuit.
- Insurance claim – This option is typically faster and less formal. You file a claim directly with the insurance company, which then evaluates and decides on the compensation. While it may get you a quick settlement, the amount offered may not cover all your losses.
- Personal injury lawsuit – A lawsuit is a more formal process that involves more time and effort. Because it’s handled by a judge or jury, it can lead to a higher payout if you have a strong case. A lawsuit may be the best option if the insurance offer doesn’t cover your needs.
The goal of either process is to help you recover certain losses, known as “damages.” For a typical bicycle accident, these involve things like:
- Medical costs (hospital stays, treatments, and ongoing care)
- Lost income or lost earning potential if you’re unable to work as before
- Bicycle repair or replacement and other damaged personal items
- Pain and suffering for physical and emotional distress
- Reduced quality of life for impacts on daily activities or relationships
- Wrongful death costs, if the accident was fatal
Recovering from a bicycle accident in Walnut Creek can be difficult, but our team is here to help you make your way through the claims process and deal with the health and financial challenges that come up. However, it’s important to file within the statute of limitations–a California law which gives you two years from the accident date to file a claim. Missing this deadline means you can’t file a claim or recover damages–no matter how strong your claim is.
Frequently Asked Questions
Do I have to get a lawyer?
No. You’re not required to have a lawyer when you’re in a bicycle accident. You can file a claim on your own, but having my firm’s help can be beneficial in making sure your rights are protected.
What happens if the bicycle accident didn’t involve a driver?
There’s the chance that there’s no driver involved in your accident. But, you can still file a claim if the accident was caused by poor road maintenance or something similar.
How long do I have to file a claim?
You have two years from the date of the bicycle accident to file your claim.
Paceline Law is Here to Support You After a Bicycle Accident in Walnut Creek
If you’ve been in a bicycle accident in Walnut Creek, talking to our experienced team at Paceline Law Bicycle Injury Lawyer can be a crucial step. We’re here to protect your rights and make sure insurance companies don’t take advantage of you during your recovery. Don’t hesitate–contact us today for a free consultation to discuss your options and see how we can help after your bicycle accident.
