Can You Sue if You Get Hit by a Car While Riding Your Bike?

January 10, 2022

Riding a bike is great exercise, good for the environment and can save a bundle on fuel costs. It’s also a lot more dangerous than driving, especially if you’re hit by a car. Bicyclists are more likely to be seriously injured or killed when they’re hit by a vehicle.

If you’re wondering whether you can sue the driver who hit you, the answer is yes. When you’re hurt in a bicycle-versus-car accident, call a bicycle accident attorney as soon as you’re in stable condition. You may be eligible for compensation for medical bills, lost wages, future treatment and more.

Here’s what you need to know about suing over a bike accident. Contact a bicycle accident attorney to learn more.

What to do after your accident

When you’re hit by a car while riding your bike, call the police, and seek medical attention right away. Even if you think your injuries are minor (like cuts, bruises and scrapes), there may be more serious injuries that won’t manifest right away. This will also provide valuable documentation and context for your case.

If you are physically able, gather information at the scene, including the vehicle’s license plate, insurance information, driver contact information and eyewitness contact information. If you are able to snap any photos of the scene, the car, the bike and your injuries, those can help your case. However, please do not put yourself at risk if the other driver isn’t cooperating or your injuries make it too difficult to collect information.

Avoid admitting fault, even something as simple as saying, “I’m sorry,” or “I didn’t see you coming.” Once your condition is stable and you’re able to discuss the case, call a bicycle accident attorney. You may want to avoid talking to the driver’s insurance company until you have a lawyer’s advice.

Filing a claim against the driver

When you talk to an attorney, they’ll review your claim and the information you’ve provided and advise you as to the best course of action. For example, you may be able to settle out of court with the driver’s insurance company—if they offer a large enough settlement to cover your medical and other costs. If you receive a lowball settlement offer, negotiations or proceeding to trial may be necessary.

If you believe that you may have been at fault—even partially—tell your bicycle accident attorney. Bearing some fault doesn’t necessarily mean you’re barred from recovering anything at all. Your lawyer will be able to advise you as to whether your award is likely to be reduced (California is a comparative negligence state) and by how much. It’s important to be honest with your attorney so that they can recommend the best way to proceed. You may be able to recover damages for your injuries, medical bills, lost income and property damage.

When you need a bicycle accident attorney, The Law Offices of Max G. Arnold, Inc. can help. Call today to learn more about our services and to book a consultation.

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