Hayward Bicycle Accident Lawyer

Why Would You Need a Lawyer?

While biking in Hayward can be fun and beneficial, it also comes with risks–none more damaging than accidents and injuries. If you’ve been involved in a bike accident, knowing your rights is vital to how you can get better. You’re not required to get a lawyer, but having one can make the legal process much smoother and less stressful. What’s more, being injured or going through the complications that come with an accident makes everything harder. That’s why you’d need a lawyer, and our team can help you by:

• Explaining your legal rights and options
• Investigating the accident to determine who’s at fault
• Collecting evidence and gathering key information
• Speaking with witnesses to strengthen your case
• Negotiating with insurance companies for a fair settlement
• Taking your case to court if necessary
  
  

Handling the legal side of a bike accident can be overwhelming, but you don’t have to go through it alone. We’re here to make the process easier, but it still can be very difficult. Understanding your options is critical, but first, you need to know what you need to do right after the accident happens.

What Do You Need to Do Right After Your Bicycle Accident?

Before you even start to think about potential legal options, you have to take certain steps after your bike accident happens that will serve to protect your health, safety, and potential claim. No matter where or how your accident happens, here’s what you need to do:

• Move to safety and call 911 – If you’re able, get out of traffic or off the bike path to avoid further danger. Calling 911 allows emergency responders to arrive quickly to provide medical care if needed.
  
  
• Wait for the police – Ask 911 to send the Hayward Police Department (HPD) or California Highway Patrol (CHP) to the scene. Officers will help gather information and document the scene, which can be important evidence in your claim.
  
  
• Exchange information – Swap contact and insurance details with any drivers or others involved. This is crucial for filing a claim later.
  
  
• Document the scene yourself – Take photos and videos of everything—the accident site, your injuries, damage to your bike, and any vehicles involved. This visual evidence can help clarify what happened.
  
  
• Keep all evidence – Hold onto damaged gear, clothing, or any other items affected by the crash. These can serve as physical proof of the impact and severity of the accident.
  
  
• Wait on repairs – Don’t fix your bike or replace broken gear just yet. Keeping them as-is can help strengthen your case by showing the full extent of the damage.
  
  
• Watch your statements – Avoid admitting fault or making assumptions about what happened. When speaking with police or insurance companies, stick to the facts to prevent misunderstandings that could hurt your claim.
  
  

Following these steps not only protects your rights, but also allows you to get vital medical care and other information you’re going to need. And while every accident claim is different, the starting point is the same–figuring out liability.

Who’s Liable When There’s a Bicycle Accident?

The first step in any legal action following a bicycle accident is figuring out who is legally responsible–or liable–for the crash and your injuries. To prove this liability, you need to show negligence, which means proving that someone:

• Failed to follow safety rules or laws
• Caused the accident and your injuries
  
  

In some cases, liability is fairly obvious–like when a distracted or speeding driver hits you. Other times, it’s more complicated. It all boils down to what actually happened, though, so liability can fall on any (or multiple) of the following:

• Drivers – If a driver violates traffic laws, drives recklessly, or isn’t paying attention, they may be at fault.
  
  
• City or state government – Poorly maintained roads, unsafe bike lanes, or missing signage can make the City of Hayward or the State of California responsible.
  
  
• Other cyclists or pedestrians – Careless or reckless actions by other road users can also cause crashes.
  
  
• Bike manufacturers – If a defective part on your bicycle leads to an accident, the company that made it could be held liable.
  
  

Every bike accident is different, so figuring out who’s responsible is key to building a strong claim. And while liability ultimately comes down to the individual circumstances of your accident, once you have it, you can move forward with filing a claim for damages.

What Damages Can You Get in a Bicycle Accident Claim?

If you’ve been in a bicycle accident in Hayward, you’re likely facing significant losses, whether that be medical bills, lost income, or other hardships that impact your life. That’s why California law allows you to file a claim for financial support, also known as “damages.” To recover damages, you can either:

• File an insurance claim – This is usually the faster option, but insurance companies often try to lowball you on settlement offers to save money.
  
  
• File a lawsuit – This takes longer, but a court may award you fairer damages. If your claim is successful, you may be able to recover:
  
  • Medical expenses – This covers things like hospital visits, surgeries, medication, therapy, and long-term care.
    
    
  • Lost wages – This provides financial support for missed work and any long-term impact on your ability to earn income.
    
    
  • Property damage – This usually pays for repairs or replacements of your bike, helmet, and other gear.
    
    
  • Pain and suffering – This relates to costs associated with your physical and mental paint from your injuries.
    
    
  • Emotional distress – Similarly, this provides costs covering the emotional and psychological effects of the accident, like anxiety, PTSD, and other stress.
    
    
  • Reduced quality of life – This covers costs relating to how the accident impacts your ability to enjoy daily activities.
    
    
  • Wrongful death expenses – If the accident is fatal, surviving family members may be able to recover funeral costs and other damages.
    
    

Remember, in California, you have two years from the date of the accident to file a claim. However, just filing doesn’t guarantee you’ll get your full damages–you’ll need strong evidence and guidance to support your case. That’s where our team can step in and help you the most.

Frequently Asked Questions

How long do I have to file a bike accident claim in Hayward?

You have two years from the date of the accident. If you miss this deadline, you won’t be able to file a claim.

Can I file a claim if another bicyclist caused my accident?

Yes. If another cyclist was negligent and caused your crash, you may be able to file a claim–usually through their homeowners or renters insurance.

How much can I get in a settlement?

It depends on a number of different factors, from how serious your injuries are to what evidence you’re able to present. Our team can make sure you get the most out of your claim, though.

Free Consultations for Bicycle Accident Victims in Hayward

No matter the cause, a bicycle accident in Hayward is a difficult experience. Biking should be a safe and enjoyable way to get around, but accidents can happen–sometimes due to factors beyond your control. At Maison Law, we’re here to handle your claim and make sure you get the support you need. Contact us today for a free consultation to talk about your legal options.