Maison Law represents bicycle accident victims in Santa Barbara. Our Santa Barbara personal injury lawyers are well aware of how one of these accidents can turn your life upside down. Whether it be injuries, missing work, or other trauma, a bicycle accident can be very damaging. But you don’t have to face it alone. Contact us today to set up a free, no-obligation consultation to learn about your options.
Do You Even Need a Lawyer?
Just because you have legal rights as an injury victim when you’re in a bicycle accident doesn’t mean you necessarily need a lawyer. In fact, there’s no legal requirement that says you have to have a lawyer represent you. Hopefully, you’ve just been in a minor accident and won’t have to worry about taking legal action.
However, a bicycle accident can–and often does–result in serious injuries. When you find yourself in that situation, working with our team can be a big help to you and your family by:
- Explaining the legal process and your options
- Investigating the accident
- Helping you gather evidence and details
- Negotiating with insurance providers
- Making the legal process easier
Trying to go through the claims process is tough no matter what the conditions are, but even tougher when you’re trying to also juggle your physical recovery. That’s where our team can step in and take the legal responsibilities of your claim off of your shoulders.
What Are Your Legal Options After a Bicycle Accident?
Whenever you’re in a bicycle accident, you have the same legal rights and options as you would if you were in a car accident (or any other accident.) Basically, you can file an injury claim to recover certain “damages” from the party that’s responsible for causing the accident. That’s a simple overview, but in terms of your actual options, you can file either an insurance claim outside of court or a personal injury lawsuit inside the court system.
Both processes have a lot of similarities, with the main difference being that an insurance claim is a lot less formal and you deal directly with an adjuster and the insurance company. This can get you quicker access to settlement funds, but usually doesn’t cover all of your damages–particularly in a bicycle accident.
Your damages will vary, being based on your particular injuries and other losses. Generally, though, you can recover things like your:
- Medical expenses and treatment costs
- Physical therapy bills
- Lost wages stemming from missed work
- Pain and suffering
- Emotional distress
- Loss of companionship or enjoyment of life
- Wrongful death expenses
Liability
A key part of the process is figuring out who is legally responsible–or liable–for paying for your damages. Usually, responsibility is based on negligence, which means someone didn’t take reasonable care and caused the accident and your injuries.
In a typical bicycle accident, the responsible party could be any or multiple of the following:
- Careless drivers
- Government bodies
- Bike makers or sellers
- Pedestrians or other cyclists
Finding out who’s responsible in a bicycle accident needs a good investigation and looking at all the details. It’s important to talk to our bicycle accident lawyers who can study your case and figure out who might be responsible. But another important part of your case is how you respond to the accident.
Steps to Take After a Bicycle Accident
Just like any other time you’re hurt and need to get damages, what you can get back after a bike accident depends a lot on the proof you have. It’s not just about things like medical records and visual evidence, though those are really important. What you do, or don’t do, right after the accident matters a lot too. Here are some things you can do to make your case stronger:
- Write down everything – After the accident, jot down all the details like where and when it happened, the weather, and road conditions. Use your phone to snap pictures of the accident scene, your injuries, and any damage to your bicycle.
- Get witness information – If anyone saw the accident, get their contact details and ask them to write down what they saw. Their statements can help your case.
- See a doctor – Even if you feel okay, see a doctor and get checked out. Also, accept help from the ambulance at the scene. Keep track of all medical visits, treatments, and bills.
- Keep expenses – Save receipts for anything related to the accident, like medical bills, bike repairs, or travel expenses.
- Tell your insurance – Let your insurance company know about the accident as soon as possible. Give them all the info they need and keep copies of any communication.
- Follow medical advice – Do what your doctor says for treatment and recovery. Not following their advice could hurt your case.
- Be careful – Be cautious when talking to insurance people. Stick to the facts and let us handle the talks. Also try not to post about the accident on social media. Anything you say could be used against you.
Even if you do all these things, you still need to show proof of your injuries and damages. That’s where we can help a lot. We can gather your medical records, accident reports, and other important evidence for your case. And not only that, we’ll be there to support you through the whole process.
Why Do Bicycle Accidents Happen?
Bicycle accidents in Santa Barbara can happen for various reasons and at any moment. Many of these accidents involve interactions with drivers on the road. Sometimes, drivers act irresponsibly or carelessly, trying to pass bicyclists without considering their safety. Even though California law says that bicyclists have the same rights on the road as other vehicles, not all drivers follow this.
Not every bicycle accident happens because of other drivers, but most do. Still, here’s a look at some of the more common reasons these accidents happen:
- Not sharing the road
- Failing to signal when turning or pulling out into the roadway
- Dooring accidents, where a car door is opened into the path of a cyclist
- Failing to yield
- Not giving the right of way
- Distracted driving
- Unsafe passing or changing lanes
- Driving under the influence
- Defective bicycles or parts
- Improperly marked bike paths and lanes
- Road defects, like potholes, malfunctioning traffic signals, or faulty streetlights
Injuries
Regardless of the underlying cause, the problem with a bicycle accident is the injuries it can leave you with. Riding a bike doesn’t give much protection if there’s an accident, so your whole body is at risk of getting hurt.
Even if you’re careful and wear a helmet and follow the law, accidents can still happen. When they do, they often cause these types of injuries:
- Head injuries like traumatic brain injuries or concussions
- Whiplash
- Back injuries
- Muscle pains or strains
- Broken bones
- Spinal cord damage
- Internal organ damage
- Cuts
These injuries happen a lot in bike accidents in Santa Barbara, but each accident is different. Some are worse than others and might have a mix of these injuries. Dealing with these injuries usually means lots of medical care and unfortunately, bills and other problems. We can help make this process easier.
Count on Maison Law After a Santa Barbara Bicycle Accident
When you’re in a bicycle accident, it can be difficult to know where to go next. Not only are you dealing with injuries, but also changes to how you live your life. At Maison Law, our Santa Barbara bicycle accident lawyers take pride in being there for our clients. We’ll support your claim and make sure you have what you need to recover. To learn more, contact us today for a free consultation.
