How Cyclists Can Get Compensation After Being Hit by a Car

-Posted On March 14, 2022 In Bicycle Accident-

A car accident can be extremely dangerous for cyclists. Serious injuries often result from these collisions, requiring extensive treatment and recovery. It can be difficult to deal with the physical and emotional effects of an accident.

If you are involved in a bicycle accident in California, you have the right to pursue a claim against the driver at fault for the crash. By pursuing an insurance claim or lawsuit, you could secure a settlement to pay for medical care, lost wages, property damage, and many other losses.

Legal Options for Injured Cyclists in California

Like most states, California follows a fault-based system for traffic accidents. Drivers are financially responsible for any accidents that they cause. State law requires motorists to carry liability insurance, which pays for victims’ damages in the event of a collision.

If you are hit by a car in California, you have the right to pursue the following claims.

  • You can file an insurance claim against the driver’s liability insurance policy.
  • You can file a personal injury lawsuit against the driver in California civil court.
  • You can file a claim under your own insurance policy, as long as you have the appropriate coverage.

Most car accident claims begin and resolve in the insurance stage. However, filing a lawsuit may be the best option in certain cases. A California bicycle accident attorney can evaluate your case and help you identify the optimal path to compensation.

How to Prove a Bicycle Accident Claim

To secure compensation in a bicycle accident claim, you will need to prove that the motorist was responsible for your collision. You will need to prove the following four facts in order to establish the driver’s liability.

  • The driver owed you a duty to drive safely and follow traffic laws.
  • The driver breached his or her duty of care.
  • The breach of duty caused your bicycle accident.
  • You suffered damages that you can claim in your lawsuit.

For example, say that you are hit by a car while you are cycling through an intersection. You had the right of way, but the motorist ignored the stop sign and continued driving. In this situation, the driver breached the duty of care by failing to stop at the stop sign.

If the driver had followed the law, the accident would not have occurred. You can leverage several pieces of evidence to prove your case, such as witness statements, medical records, police reports, and traffic camera footage. Photographs and videos from the accident scene are also valuable. To prove damages, you can use medical bills, invoices, pay stubs, and other documents.

Speak to a San Francisco Bicycle Accident Attorney

If you are injured in a bicycle accident, you may be eligible for financial compensation. In these situations, it is important to consult with a lawyer who can represent your claim and help you secure the settlement that you deserve.

An attorney can conduct an in-depth investigation into your collision and gather the evidence necessary to prove your case. During negotiations, your lawyer can advocate for your best interests and fight for your highest possible award.

Contact a San Francisco bicycle accident attorney as soon as possible following your accident to discuss your options for compensation.

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