What Do I Do If I’ve Been Injured In A Bicycle Accident?

With so many individuals riding bikes nowadays, especially in San Diego and throughout Southern California, many more are being involved in bike accidents through no fault of their own. Car drivers are either on their phones, busy looking elsewhere or just simply do not see bike riders, even when they are directly in front of them. 

A car versus bicycle crash typically ends up very traumatic for the bike rider. They get thrown from their bike on to the concrete roadway, usually suffering serious injuries. Our firm has represented bike riders for the past 42 years, with great success.

Our firm has even represented many bike riders who have been injured when a car driver, after parking his car, opens his car door to get out, directly in the path of a passing bike rider, causing the bike rider to fly off his bike.

We have also represented bike riders who have been injured due to a faulty roadway, such as deep and longstanding potholes. Our firm will hire experts to determine if the public entity responsible for maintaining the roadway in a safe condition failed to do so, bringing about your bike crash.

It may already be too late, but you should always have the police called to the scene of the accident. In most situations the dispatcher for the police will ask if anyone has been injured in the accident, and if you say no, there is a good chance they will not send an officer to the accident scene. The reason we suggest you have a police report made is because the person who caused your accident may tell you at the accident that he/she was sorry for causing the accident, but later tells their insurance company that they are not really sure they caused the accident. That is why you want the police to get the other person’s version at the accident scene, so if they later try to change their story you already have their original story contained within the police report.

You should always contact your own car insurance company as soon as possible if you have coverage, following the accident. In some instances, you may be covered by your own car insurance if the at fault driver was uninsured. They will set-up your insurance claim and assist you in replacing or repairing your damaged bicycle and other personal belongings damaged or lost in the accident. Make sure to get photographs of your bike before it is repaired or replaced. Also, if you have the opportunity while at the accident scene get photographs of the other person’s vehicle, particularly where you collision occurred on the vehicle.

If you are injured in your accident, you may need to obtain medical assistance. When obtaining medical assistance always provide the medical providers with your health insurance information. In some settings the health providers may ask for your car insurance information, to see if they can bill your car insurance instead of your health insurance. This can occur when your own policy includes medical pay coverage, which covers your medical bills for treatment of injuries sustained in an accident. Only provide your health insurance to those medical providers because you may need to use your car insurance medical coverage later to pay you for all your deductible and copay expenses. Why should you ever be out-of-pocket for medical expenses, for an accident that you didn’t cause.

Always follow the advice of your doctors. Be proactive in obtaining the medical care you need for the injuries you sustained in any accident.

There are scenarios where you are responsible for your own bike accident, but there are also many bike accidents where someone else’s shortcomings are the reason that you have been hurt.

If you have been involved in a bicycle accident, contact our Carlsbad personal injury attorney to find out about your rights. There is no fee for the initial consultation and no fee will be payable unless we are successful in obtaining compensation for you.