Getting injured in a bicycle accident can be devastating. Not only are you left with potentially severe injuries, but your mode of transportation – your bike – may be completely destroyed. You may feel like you do not have much of a shot of winning your bicycle accident claim if you file one. However, it is incredibly important that you fight to get the compensation you deserve when you were left injured after a person or car caused an accident while you were riding your bike. If you are interested in filing a claim, you should consider working with a lawyer you can rely on throughout the process. They can ensure you have everything you need for your claim and that you get your information and paperwork into the court on time.
What if a pedestrian injured me while on my bike?
Many people might think they do not have a claim if they were injured by a pedestrian or another cyclist. It can seem like you would win your claim easier if a person driving a truck or car injured you. However, in any kind of bicycle claim, it is important to show how the other party caused your injuries. A trusted lawyer, like an Anaheim, CA bicycle accident lawyer from a law firm like Glotzer & Leib, LLP knows that when a pedestrian or cyclist injures you, it can happen in many ways:
- They were walking and texting
- They did not control their dog while they were walking
- They walked or ran out in front of you on your bike
- They intentionally caused you to become injured while on your bike
How can you prove that another party injured you while you were biking?
When you want to file a bicycle claim, you will need to prove certain things just as you would for another personal injury claim.
- The other party owed you a duty of care
- The other party breached this duty of care
- The other party’s negligence directly caused the accident that injured you
The driver of the car is blaming me for the accident. What can I do?
One of the most important things you can do in this instance is not accept blame of any kind. You will want to speak with your lawyer as soon as possible when the other party is casting blame so that you can work on sorting out the timeline and the evidence for your claim. If the other party is successful in showing that you were partly at fault for the accident, you should still work to reach a reasonable settlement. Under comparative fault law, both parties can still recover damages under a personal injury claim.
It is important to speak with a lawyer as soon as possible after a bicycle accident to determine if you have the necessary evidence for your claim and to understand what kinds of damages you may be eligible for. Reach out to a trusted lawyer for more information on a claim today.