Can I File an Accident Claim after a Bicycle Accident?

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By Yosi Yahoudai
Founder and Managing Partner

Bicycles have become a popular method of recreation and commuting in the state of California. However, it is unfortunately common for those who drive them to be involved in accidents that result in injuries and property damage. If you are injured while riding a bicycle, it is important that you understand the steps and procedures you must follow to file a claim, as well as any additional information that will be valuable to your verdict.

If you are injured in a bicycle accident due to the negligence of a third party, you may be entitled to compensation for the following damages and losses:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional stress
  • Damage to property

Before initiating any legal action, it is important to know that your actions immediately after being in a bicycle accident can significantly affect your ability to obtain compensation. The most prudent steps to take after your accident include the following:

1. Seek medical attention: Your health and well-being should be your top priority. Even if you feel fine, getting a medical evaluation is essential, as some injuries may not be immediately apparent.

2. Report the Accident: Calling the police and reporting the accident will allow you to obtain a copy of the police report, which can be crucial evidence when filing your claim.

3. Gather information: Gather the contact and insurance information of the driver involved and the contact information of potential witnesses to the incident.

4. Document the scene – Take photos or video of the accident scene, including the damage to your bike, your injuries, and any road conditions or traffic signs that may have contributed to the incident.

5. Contact a lawyer: Consult with an experienced lawyer as soon as possible to discuss your legal options and design a plan of action that allows you to protect your rights.

An experienced bicycle accident lawyer will know how to help you calculate the full extent of your damages and help you prepare to negotiate with insurance companies. When taking legal action, it is important to remember that you have a maximum of two years from the incident to file your California bicycle accident claim before the statute of limitations expires.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.