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Can a cyclist make a claim against a motor vehicle?

On Behalf of | Mar 10, 2023 | Personal Injury

Whether for exercise or transportation, the number of bicyclists continues to rise. With more on the roads, that also means a higher risk of getting hit by a motor vehicle.

According to research by the University of California, Berkley, 3,634 bicycle and vehicle crashes happened over a five-year period in San Diego County. If you have been hit while cycling, you have rights.

When can I file a claim?

When an accident happens with a bicycle, it often leads to serious injuries and damage. Like most states, California requires drivers to carry liability insurance, which covers the damages they cause in an accident. After the incident, you can file a claim with the responsible party’s insurance. You also have the right to file a personal injury lawsuit.

What should I do after the accident?

After the accident, call 911. This not only ensures you get the medical treatment you need but also provides the necessary documentation to help your case. Even if you feel fine, neck, head and back injuries may not show up until later. While waiting for help, gather as much information as you can. This includes a detailed account of how it happened, potential witnesses and driver’s information. If possible, take pictures of the scene.

What damages may get covered?

If working with insurance, you can expect the insurance company to offer a settlement that covers damages to your bike and your physical injuries. Unfortunately, that amount may not cover future struggles down the road. Depending on your injuries, you may need rehabilitation and counseling. Additionally, you may face lost wages or long-term pain and suffering.

Although people inherently may want to avoid filing a personal injury lawsuit, your livelihood and joy in life may depend on it.