Maison Law answers questions for people that have been injured in bicycle accidents in bike lanes in California. There’s a lot of different kinds of bike lanes throughout the state, but “separated” ones are considered to be the safest. Even with this safety, though, you could still be hurt in an accident. Our team can help you through the claims process. Contact us today for a free consultation.
What is a Separated Bike Lane in California?
In California, there’s four classes of bike lanes, ranging from I to IV. Each of these lanes have their own characteristics, but what separates them is their design and purpose. As you might expect, a Class IV bike lane is generally the safest because:
- It separates bike riders from moving cars by putting up physical barriers like curbs, planters, and posts.
They’re typically found in urban areas with higher traffic. While they’re designed to keep you safe, accidents can still happen. So, if you’re involved in one of these accidents, you need to know what your legal options are and what you need to do for a strong claim.
How Can You Build a Strong Claim After an Accident in a Separated Bike Lane?
Even though separated bike lanes are designed with your safety in mind, accidents can still result in serious injuries. However, just filing your claim doesn’t guarantee you’ll get full damages. You need to build a strong case, and here’s how you can do that:
- Call 911 – Move out of harm’s way and call 911. EMTs can assess your injuries and transport you to the hospital if necessary.
- Get a police response – Request the police to come to the scene and document the accident. They will help manage the situation and gather essential information.
- Exchange information – Get contact and insurance details from everyone involved, including drivers and witnesses.
- Document the accident – Take clear pictures and videos of the scene, your bike, your injuries, and anything else that explains what happened.
- Keep your evidence – Keep any damaged gear, bike parts, or clothing as proof. Don’t repair anything until it has been reviewed for your claim.
- Be careful with statements – Stick to the facts when speaking to police or insurance reps. Avoid admitting fault or exaggerating what happened.
Following these steps helps protect your claim and ensures you receive proper care. Once you’ve managed the immediate aftermath, our team can assist in gathering additional evidence and guiding you through the legal process.
How Do You Recover Damages After a Bike Accident in a Separated Bike Lane in California?
Accidents in separated bike lanes can be caused by driver negligence–like unsafe lane changes, sudden turns, or distracted driving–or by poor lane maintenance, issues with your bike, or defective vehicle parts. In these cases, negligence gives you the legal right to file a claim for “damages” from the responsible party. To recover damages, you’ll need to:
- File an insurance claim
- File a lawsuit
Both options allow you to recover financial support for your losses, which may include:
- Medical expenses – This covers the costs of your treatment and recovery, especially hospital stays, surgeries, ongoing treatment and ambulance costs.
- Lost wages – This covers any lost income or reduced earning potential due to injuries.
- Property damage – This provides costs for repairs or replacement of your bike, gear, and other damaged belongings.
- Pain and suffering – This covers costs associated with your physical pain and mental anguish caused by the accident.
- Emotional distress – Similarly, this covers costs relating to the emotional and psychological effects–like anxiety or PTSD–caused by the crash.
- Loss of quality of life – This covers costs associated with any lifestyle changes or loss of independence you have because of your injuries.
- Wrongful death expenses – If the accident results in your death, your surviving family can file a claim for funeral or burial expenses, and other related costs.
- Punitive damages – If the responsible party acted recklessly or intentionally, you might also be awarded punitive damages as a form of punishment.
The amount you can recover depends on the specifics of your case, your injuries, and the strength of your claim. Also, you have to file within two years from the date of the accident. If that deadline is missed, you can’t recover damages at all–no matter how strong your claim is.
How Maison Law Can Help After an Accident in a Separated Bike Lane in California
Accidents in separated bike lanes are unfortunate, especially since these lanes are meant to provide safer cycling. But when negligence causes injury, it can leave you with significant damage. Maison Law is here to help you through it by:
- Explaining your legal rights – We’ll help you understand your options and the best course of action.
- Investigating the accident – We gather evidence and figure out who’s at fault through reconstructing the accident and talking to witnesses and experts.
- Handling talks with the insurance company – We deal with insurance companies and the responsible parties on your behalf, aiming to get you the best settlement possible.
We understand how stressful it can be to manage injuries, medical bills, and lost wages after an accident. Let us handle the legal side so you can focus on your recovery. Contact us today for a free, no-obligation consultation to get started.
