There are few better ways to enjoy the San Diego sunshine then a relaxing bicycle ride. However, it all can go wrong in an instant if an accident occurs. If a bicycle accident occurs in San Diego and you are not at fault, you may be entitled to workers’ compensation benefits. Bates Law, APC, a personal injury law firm in San Diego, explains all you need to know in the unfortunate case of a bicycle accident by answering some bike accident FAQs.

If I Am Hit by a Car on My Bicycle and Am Injured, Can I Sue the Driver?

The most important thing to figuring out if you are eligible for compensation for your personal injury is determining who is at fault. As long as you can prove the other party is the one at fault, you are entitled to compensation and can sue.

How Long Should I Wait to Sue After a Bicycle Injury?

You have two years from the time of the accident to bring about a personal injury case, unless the lawsuit is against a public entity. In the case of a public entity, you must sue them within 6 months of the accident. However, we do not suggest waiting, as evidence will most likely be lost.

Can I Sue Another Party After a Bike Injury if I Was Partially at Fault?

Not all incidents are cut and dry. You could be breaking some laws or exhibit negligent behavior on your bicycle and a driver can still be at fault. For example, biking on the wrong side of the road or not wearing a helmet can be interpreted as negligent behavior, but if you are struck by a vehicle that is speeding without their lights on, they are clearly at fault. Negligence on your part makes you partially at fault, but this does not restrict your ability to sue the other party. However, it will result in a reduced cash settlement amount.

Can I Sue For a Bike Injury Caused By Dangerous Conditions?

Everyone has seen a dangerous looking pothole or crack in the road. If you bike over a hazard and suffer an injury, you potentially have a case against the owner of the property. The key in these scenarios is establishing that the owner of the property was aware of the dangerous condition of the road and opted not to fix it.

Should I Repair or Sell My Bicycle and Get a New Helmet After an Accident?

Our advice would be no. If you suffered an injury while on your bicycle, it is suggested to keep the bike and helmet in exactly the condition it was in right after the accident. If the liability is disputed by the other party, an expert will want to examine the bike and helmet to see if the damages sustained matches up with your story. Any changes made will erase potential evidence that can help you get a compensation. If for some reason you are unable to preserve the bike and helmet, make sure to take plenty of pictures post-accident.

Bates Law, APC Can Help With a Bicycle Personal Injury Lawsuit

If you have suffered an injury on a bicycle and you are not at fault, contact Bates Law, APC. Our team are experts on personal injury law and will fight to get you the compensation for your injuries you deserve. To learn more, give us a call at (619) 222-0900.