Bicycle accidents are extremely dangerous, sometimes deadly, so cyclists should know their rights for pursuing compensation in the event of a serious injury. Because of the mismatch in weight and force between a bicycle and a car, just a small tap is sometimes all it takes to send a cyclist sprawling to the pavement — and possibly into the path of oncoming vehicles. As a result, Cyclist injuries are often more serious and debilitating than the aftermath of a typical car-to-car traffic accident.
Unfortunately, these accidents happen far too often. California leads the nation in the absolute number of fatal cycling accidents, and we are sixth in the nation in terms of our fatal accident rate.
Bay Area cycling enthusiasts should therefore study up on the following rights they have after getting injured in a traffic accident and how a bike accident attorney in San Francisco can help pay for their medical costs.
Right to a Police Response
Police are responsible for documenting all traffic accidents, helping accident victims clear the roadway, and providing assistance to accident victims and others at the scene as needed. Immediately after an accident, you should contact the police in order to have them render these services, help control the accident scene and create an official public record of the accident event.
In fact, any driver who has possibly injured you must contact the police and report the incident. Otherwise, their actions may constitute a hit-and-run. So, sit tight after getting in a tangle and wait until police or emergency response arrives.
Without a police report documenting your accident, you will likely be unable to file an insurance claim on an at-fault driver’s liability policy. Not filing a police report therefore effectively waives many of your rights for recovering money to pay for your injuries.
Right to Emergency Medical Treatment
You have the right to receive emergency medical treatment after an accident, regardless of how much medical insurance you carry or your ability-to-pay in general. If you have been severely injured, you (or someone who can call for you) should request that an ambulance come along with police responders when dialing emergency services.
Refusing to accept emergency medical treatment can later be used by insurers as an indication that you were not as seriously injured as you maintained, so try not to be a “hero” or a “tough guy.” Get the treatment you need right when you need it, or you could experience some serious delayed effects later.
Right to a Liability Insurance Claim or a Civil Lawsuit
If you have any reason to believe that someone else involved in the accident was at fault for what happened, then you should pursue an insurance claim and/or a civil lawsuit. If your claim or civil case is successful, then you will receive money to help pay for the costs of your medical treatment and other costs associated with your injury. Possible other costs you can recover — known as “damages” — include lost income, emotional distress, pain and suffering, and loss of home services.
In order to receive this money, you will have to convince the liability insurance company covering the at-fault driver that their policyholder’s actions were partially or completely responsible for the accident.
If they were only partially responsible, then they must still provide you with a percentage of the total costs of your injury. For instance, if a driver ignoring a stop sign was 80 percent of the reason you got in an accident, and your total costs of recovering from the accident came to $10,000, then the driver would pay $8,000 for their portion of responsibility.
Right to a Bike Accident Attorney in San Francisco
In order to increase your chances of successfully recovering money for the costs of your injury, you can appoint a lawyer as a legal representative. They will help you file the proper paperwork, negotiate with insurers or defendant’s attorneys, document evidence for your case and argue your position that you deserve compensation to the best of their ability.
These services are indispensable for bicycle accident victims seeking the money they need to recover from their injuries and move on with their life. So, if you have been in a recent biking accident, make sure to exercise all of these rights by getting in touch with an experienced San Francisco biking accident lawyer today.
You can contact Gruber Law Group now to receive a free consultation and advice on how to take the next step in your injury claim.
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