Common Questions about Bicycle Accidents
How long do I have to file a bicycle accident claim?
In most cases, you have two years from the date of the accident to file a claim. This deadline is known as the statute of limitations. Since the window to file your claim can vary depending on the circumstances (e.g. the statute of limitations for cases involving government employees is six months), it is best to consult with a trustworthy attorney ASAP. Otherwise, you may miss the opportunity to pursue compensation for your damages.
How long does a bicycle accident case take?
A typical bicycle accident case in California can take anywhere from a few months to several years. There is no clear answer, though there are a few guidelines. More serious injuries usually lead to longer cases, as do liability disputes and other complicating factors. While no attorney can give you an exact figure regarding the length of your case (and don’t trust those who tell you otherwise), he or she can extrapolate an estimate from the facts of your case.
What if I was partly at fault for my bicycle accident?
Bicyclists are subject to the same rules of the road as motorists, and thus have a general duty to exercise reasonable care for the safety of themselves and others. However, bicycle accident victims who are partially at fault can still get compensation for their injuries, albeit reduced by their percentage of fault. For instance, if the jury awards you $100,000 in damages but determines that you were 30% at fault, you would still be entitled to recover $70,000 ($100,000 – 30%).
What damages may I claim for bicycle accident injuries?
If you have been injured in a bicycle accident that wasn’t your fault, you may be entitled to compensation for the following damages:
- Past and future medical expenses
- Lost income and loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Property damage
Only by getting an experienced legal professional on your case can you ensure that the value of your case is preserved. The faster, the better.
What if my child was injured or killed while riding a bicycle?
There are a few major differences to claims where a child is injured. First, a guardian ad litem is appointed by the Court to act on behalf of the child. Second, the child’s personal injury compensation is placed into a blocked account that is made accessible only once the child turns 18. For more information, reach out to a lawyer experienced in these cases.
Do I need an attorney after a bicycle accident?
Yes, only a qualified bicycle accident lawyer can protect your rights and make sure the insurance company does not take advantage of you. To discuss the specifics of your bicycle accident claim with a dedicated legal expert, call Wilshire Law Firm at (800) 522-7274. We represent bike crash victims all throughout California.