California law says that cyclists “have all the same rights and all the same duties” as motor vehicles on the road. This means they are also subject to the same rules and regulations as motor vehicle drivers. Many motorists believe they have more “road rights” than cyclists and sometimes ignore signs, lanes and other road rules that are designed to protect cyclists. In 2010, the National Highway Traffic and Safety Administration reported that at least 618 cyclists were killed and 52,000 were injured in traffic collisions.
It is often hard to determine fault in an accident involving a motor vehicle and a bicycle because some accidents are connected to the bicyclist’s behavior and some are a result of the motorist’s lack of attention.
The most important thing to do if you are a cyclist involved in an accident is to stay calm. The moments after a collision are crucial and could have a large impact on how much you recover for injuries and damages. It can also affect lawsuits resulting from the accident. After an accident, it’s important to do the following:
Wait for the police to arrive.
You need to be present when they take and file the police report. Clearly convey your side of the story and make sure they document all injuries, including minor ones. Refrain from negotiating with the driver. Consult an attorney first!
Gather driver and witness contact information.
Collect the name of the driver, their address, phone number, driver’s license number, license plate number and insurance information. Also, gather contact information from those who witnessed the accident. Don’t wait for the police to give you this information. Get it yourself! If you are injured, ask a witness to gather it for you.
Document, Document, Document
Mentally take note of all aspects of the accident: what happened, how, why, when it happened, road conditions, weather, etc. Then, write it down as soon as possible. Seek medical attention immediately and keep detailed medical records that document your injuries. Take lots of photos of your injuries and document your physical symptoms in an “accident journal”.
Preserve evidence
Don’t fix your bicycle or wash your clothes. They could be used as evidence later in the legal process. Take photos of all damages.
Consult an accident injury attorney who handles bike accidents
A knowledgeable bike accident attorney knows the intricacies of traffic laws and how they apply when a bicycle is involved. They also understand the unique injuries and medical issues that an injured cyclist may face. An attorney will help you negotiate with insurance companies, advise you on your legal rights and represent you in a lawsuit.
If you or a loved one has been injured by a negligent driver, contact the experienced lawyers at Eason and Tambornini, A Law Corporation. We will protect you, enforce your rights, and help you get the compensation you deserve.
