Riding a bicycle offers environmental and physical benefits, but carries several inherent risks for riders. The minimal size of bicycles make them harder to see than typical passenger vehicles, resulting in relatively frequent bicycle accidents. California reports approximately 100 fatalities and 10,000 injuries to bicyclists annually. Bicyclists have a right to use the roadways just like other drivers and can seek reimbursement if someone else’s negligence causes their injuries.Â
Even a minor bicycle accident can inflict serious injuries that cause you to miss work and incur costly medical bills. A qualified lawyer can help you recover the losses you suffered due to the bicycle accident. Contact a lawyer at The Law Offices of Ali Yousefi, P.C., today to discuss your case.
How Do I Prove Liability After a Car Hits My Bike?
In a bicycle accident, proving liability requires showing that one party’s negligence caused the accident. Negligence requires proof of four separate elements:
- Duty of care,
- Breach of the duty,
- Causation, and
- Losses.
Drivers owe bicyclists a duty of care to operate their car as a reasonably prudent driver would in the same or similar circumstances. A failure to do so constitutes a breach of the driver’s duty of care. In many cases, a car hitting a bicycle would constitute a breach of their duty of care, unless they did not see the bicyclist for a justifiable reason. An attorney would need to review the specific details of your bicycle accident case to determine whether the driver breached their duty of care.
Proving causation requires showing that the driver’s breach caused them to hit your bike, resulting in your injuries. In other words, causation means proving that your injuries would not have occurred if the at-fault driver had not breached their duty of care.
Lastly, you must prove you incurred damages due to the bicycle accident. if you do not have any damages related to the accident, you cannot seek compensation in a personal injury claim.
A bicycle accident lawyer with experience navigating similar claims will know how to prove who is liable in your case.
What Should I Do After a Car Hits My Bike?
You may not know what to do if someone hits your bicycle with their car. Luckily, our experienced personal injury attorneys can help. We prepared a guide of the steps you should take after a bicycle accident to preserve evidence for your auto accident lawyer and help maximize your future recovery.
Report the Accident to Authorities
You should contact law enforcement to report your bicycle accident if someone else does not do so for you. The responding officers will complete a report that includes information your attorney will use to file your claim. The accident report will likely include names and insurance information for involved parties, names of potential witnesses, and the officers’ opinions about what caused the accident. It will also include information about whether the at-fault driver was cited for their misconduct that caused the accident. The accident report will contain more accurate information if you ask authorities to respond to the scene immediately instead of waiting to report the accident.
Seek Medical Treatment
Your safety is the first priority after a car hits your bike. Bicycles do not stand a chance against a passenger car or truck that weighs thousands of pounds. Many bicycle accidents can result in severe injuries, such as:
- Muscle pulls or strains;
- Road rash,
- Burns,
- Head injuries,
- Broken bones,
- Cuts and abrasions, and
- Internal injuries.
Even if you do not notice injuries after your bicycle accident, you should still see a medical professional immediately if you get hit by a car. The visit will establish a medical record to document how your injuries occurred and a financial record to start compiling your financial losses.
Gather Evidence From the Accident Scene
Bicycle accidents can happen when you least expect it, and the accident scene will start to deteriorate right after it happens. Therefore, it is crucial to preserve evidence about the crash scene to help prove your case. One way to capture the circumstances of the accident is to take pictures of the accident scene and ask bystanders if they witnessed the collision. Your lawyer can collect witness statements from any bystanders who saw what caused the crash. If a car hits your bike in a residential area, contact the homeowners near the accident scene to determine whether they have doorbell footage that captured the collision. Some of this evidence will disappear forever if you do not collect it soon after the accident.
Keep Track of Losses From the Accident
If you suffer injuries in a bicycle accident, you might incur significant medical expenses, not to mention the costs of any required physical therapy. If someone else was responsible for the accident, they are liable for your damages. Damages include things such as:
- Medical costs,
- Prescription medicine costs,
- Rehabilitation expenses,
- Lost wages, and
- Loss of future earning capacity.
You must show proof of your losses to recover compensation through a bicycle accident claim. A bicycle accident lawyer can compile your medical invoices and other receipts to calculate the extent of your damages.
What Happens If a Car Hits Your Bike and You Get Injured? Contact The Law Offices of Ali Yousefi Today to Find Out
No one starts their day expecting to suffer injuries in a bicycle accident. The suddenness and severity of a bicycle accident can leave victims and their loved ones confused about where to turn. The lawsuit process is complex and full of unspoken rules, making the accident even more difficult to recover from. A personal injury attorney at The Law Offices of Ali Yousefi guides you through the lawsuit process and answers your questions each step of the way.
Ali Yousefi, our founding attorney, has earned the following accolades:
- Top 10 Under 40 by the National Academy,
- 10 Best Attorneys in California by The American Institute, and
- Selection as a Super Lawyer.
An attorney at our firm will investigate the circumstances surrounding your bicycle accident and determine who is liable for your losses. Contact The Law Offices of Ali Yousefi, P.C., to schedule a free initial consultation with one of our lawyers.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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