Maison Law helps people that have been injured in bicycle accidents in California. When you’re injured in an accident in a bike lane, it brings up a lot of questions. As a bicyclist, you have the same right to the road as anyone else, but you might be wondering how that changes if there’s a bike lane. Our team can answer your questions and guide you through the process. Contact us today for a free consultation.
Do I Have to Ride in a BIke Lane If There’s One Available?
When you ride your bike in California, you probably know what your rights are. Legally speaking, you have the same rights (and responsibilities) as any other person on the road. However, this changes slightly if there’s a bike lane. Generally, you have to use a bike lane if you’re traveling slower than the speed of traffic. Outside of that, you don’t have to use a bike lane if you’re:
- Passing another bicycle, pedestrian, or vehicle in the bike lane.
- Making a left turn at an intersection or into a driveway.
- Avoiding hazards such as debris, parked cars, or road damage.
- Approaching an intersection where a right turn is available.
Obviously, a bike lane is there to make your travel safer. In that respect, you should use a bike lane if it’s available. That said, even that doesn’t always prevent accidents. At that point, you need to know what your options are.
What Should You Do If You’re Hurt in a Bike Lane Accident?
Unfortunately, just riding in a bike lane doesn’t mean you won’t be in an accident. So, like an accident at any other spot on the road, taking the right steps afterward can protect your health and any potential legal claim you might make. Here’s what to do if you’re hurt in a bike lane accident:
- Get to safety – If you’re able, get out of the bike lane and away from traffic. This helps prevent further injury from passing cars, cyclists, or pedestrians.
- Get medical care – Even if you feel fine, let emergency responders check you. Some injuries, like concussions or internal damage, might not show symptoms right away. Follow up with a doctor as soon as possible to document any injuries.
- Call the police – Report the accident to the local police or sheriff’s department. They’ll manage the scene and can even help you gather information from others involved.
- Exchange information – Get contact and insurance details from everyone involved, including drivers, other bike riders, or pedestrians. If there are witnesses, ask for their contact information too, so we can talk to them later.
- Take pictures and videos – Document everything–your bike, injuries, the accident scene, road conditions, traffic signs, and anything else that might be relevant. These details can help prove what happened.
- Keep evidence – Don’t throw away or repair anything yet. Keep your damaged bike, helmet, clothing, and any other items involved in the crash. These can serve as evidence in your case.
- Follow up with treatment – Even if you got medical attention at the scene, schedule a follow-up visit. Injuries sometimes take time to appear, and medical records are key to any injury claim.
- Don’t rush to make repairs – It might be tempting to get back on the road quickly, but hold off on repairs. Your damaged bike can serve as proof of the accident’s impact.
- Watch what you say – Never admit fault when talking about the accident. Also, be mindful of your statements, because insurance companies will try to use whatever you say against you.
Even if you follow all these steps, proving your case can be tough. However, by taking these steps, you’ll form the foundation of your claim for damages.
What Damages Can You Get in a Bike Accident Claim?
There are two main ways to recover damages for your injuries in a bike accident: filing an insurance claim or filing a personal injury lawsuit. Each option has pros and cons, but both give you the chance to get much-needed compensation for your injuries and other damages. The specific circumstances of your bike accident will determine how much you can seek from the responsible party. However, in general, the following damages may be available to you:
- Medical expenses and treatment costs
- Physical therapy bills
- Lost wages due to missing work
- Repair/replacement costs for your bike and any other damaged property
- Pain and suffering
- Emotional distress
- Loss of companionship or enjoyment of life
- Wrongful death expenses, if your injuries are fatal
- Punitive damages, in cases of intentional negligence
Bicycle accidents can happen at any time, even when you use a bike lane. And most of the time, they result in serious injuries that you’ll have to deal with. While cycling in California should be an enjoyable experience, it’s important to be aware of the risks, many of which are beyond your control. When you’re hurt, our team at Maison Law will be there to help by handling the details of your claim while also providing you with legal support and guidance. Our main goal is that you get a fair settlement. Don’t wait–contact us today for a free consultation.
