Maison Law will help you through the claims process if you’ve been injured in a bicycle accident in Fremont. There’s a lot to like about riding a bike around Fremont, whether you’re commuting, running errands, or enjoying the local trails. But all of that changes when you’re hurt in an accident. We can make sure you have what you need to move forward. Set up a free consultation today.
How Can a Lawyer Help Me After a Bicycle Accident?
No matter how careful you are or how experienced you are on a bike, accidents can happen in a split-second because of something you have no control over. So while you can file a claim on your own, that doesn’t mean it’s easy. And this is particularly true when you’re also dealing with injuries and other issues that come up with these types of accidents.
But one thing that can make things easier for you is talking to our bicycle accident team. We can:
- Look into what happened and explain your options
- Figure out who might be responsible and handle the back-and-forth with the insurance company
- Pull together the information and evidence you need to support your claim while you focus on healing
When someone else’s carelessness leaves you injured, you shouldn’t have to figure everything out alone. We’ll help you understand the process and take some of the pressure off you and your family.
Looking at the Different Bike Lanes and Routes in Fremont
Like a lot of California cities, Fremont has invested a lot of time and money into its network of bike lanes and routes. And when you look at the official map provided by the city, you get a better idea of how many there are and where you’ll find them:
- Class I Shared-Use Paths. These paths keep you away from most vehicle traffic. The Alameda Creek Trail and Lake Elizabeth’s paved loop are good examples, though you still need to watch for pedestrians and be careful at road crossings.
- Class II Bike Lanes. These give you a designated space on the road, usually marked with painted lines. You’ll find them along streets throughout Fremont, including Fremont Boulevard and Stevenson Boulevard. Even with a designated lane, you still have to watch for drivers turning or changing lanes.
- Class III Bike Routes. These share the road with motor vehicles rather than giving you a separate lane. They can be found throughout Fremont, so it’s important to stay alert around traffic and intersections.
- Class IV Separated Bikeways. These provide more separation from vehicle traffic using physical barriers or other protective features. Fremont has added these along select corridors, including parts of Paseo Padre Parkway and Walnut Avenue.
Each type of route comes with its own risks. Even a bike lane or separated path can’t protect you from every careless driver or problem with the road. And if an accident happens, where you were riding can help explain what went wrong. It’s not the only thing that matters, though.
What Information Can Help My Bicycle Accident Claim?
After a bicycle accident, there’s a lot to think about, but you don’t have to figure it all out right away. First, make sure you’re safe and call 911 if you need medical help or police.
Once that’s taken care of, there are a few things you can do to help protect your claim, like:
- Pictures/videos of the scene, your bike, your injuries, road conditions, and nearby traffic signs.
- Contact and insurance details from the driver. If they drive off, do as best as you can to note the vehicle’s make, model, and color.
- Names and phone numbers from anyone who saw the accident or helped you after.
These things will give you a good starting point, but what a lot of people don’t realize is that some of the most important information won’t come in until later. Yet, it’s still important for your potential claim, so keep track of things like:
- Your medical records and bills
- The police accident report
- Notes about what you remember about the accident, including the time, weather, location, and what happened just before impact
- Progress pictures of your injuries as they heal
- Video footage from nearby traffic cameras, dashcams, security cameras, or cell phone videos
Remember, while this information is important, it’s not as important as your safety at the scene and your health going forward. You shouldn’t push through injuries to try to get these things, and honestly, you shouldn’t be expected to. Our team can step in to help fill in those gaps and answer other important questions that come up after these kinds of accidents.
Who’s Legally Responsible for My Bicycle Accident?
One of the biggest questions that you probably have isn’t so much how your bike accident happened, but who’s responsible for your injuries. While these two things are closely related, one doesn’t necessarily give you the other. Instead, figuring out who’s legally responsible for your injuries comes down to negligence.
In the context of your bicycle accident, that could fall on:
- A driver who was speeding, distracted, turned without checking for you, or failed to yield the right of way to you.
- The city or state government that didn’t fix potholes, damaged pavement, or poorly maintained road.
- Another rider or a pedestrian that wasn’t paying attention or darted out in front of you.
- A company that made defective brakes, tires, or frames.
Something that’s easy to overlook is that responsibility isn’t limited to just one person. The law holds that whoever’s negligence led to your injuries is responsible for paying for your damages, which means that it could be a combination of these parties that are on the hook. And once you have a better idea of who’s responsible, you can start moving to the actual claims process.
What Kind of Claim Can I File After a Bicycle Accident?
No matter what kind of bicycle accident you’re in, you’re going to be facing damage in one form or another. Whether it’s your physical injuries, repairs to your bike, lost paychecks because you miss work, or even the stress and anxiety that comes from dealing with these things, it’s a lot to handle.
That’s exactly why the claims process is there. It gives you the ability to file an injury claim where you can get financial support for what you’ve lost. Usually, you do this through either:
- An insurance claim outside of court
- A personal injury lawsuit in civil court
Both options come with their own strengths and weaknesses, but at the end of the day, the goal is recovering costs related to things like:
- Current and future medical expenses
- Lost wages and future income you may miss out on
- Repair/replacement costs for your bike or gear
- Pain and suffering
- Emotional distress
- Activities and everyday experiences you can no longer enjoy
- Funeral expenses and other damages if the accident is fatal (filed through a wrongful death claim)
Keep in mind that your damages are going to be specific to you. Plus, what you’re actually able to recover depends on how well you present your case. That’s why it helps to have our team on your side.
Frequently Asked Questions
Can I file a claim if my bicycle accident happened a long time ago?
Possibly, but California generally gives you two years to file a personal injury lawsuit. Different deadlines may apply in some cases, so it’s worth checking your options promptly.
Can I still file a claim if nobody else was involved directly in my accident?
Yes, in some circumstances. If a pothole or some other dangerous road condition led to your accident, the city government might be responsible. These claims have special rules and often shorter deadlines, so it’s important to act quickly.
How long will my bicycle accident claim take?
It really depends on your accident and injuries. If they’re relatively minor, your claim probably usually doesn’t take as long. The more serious your injuries or the more complicated the circumstances, the longer it could take.
Maison Law Helps Injured Bicyclists in Fremont
You don’t set out for a bike ride here in Fremont expecting to end up injured, but an accident can turn an ordinary day into a difficult one. At Maison Law, we’re here to make that process easier. Our team can explain your options, help you understand your rights, and guide you through the next steps. Reach out today to set up a free consultation to get started.
