As a cyclist in San Diego County, you may enjoy riding through the beautiful coastal communities of Del Mar, Encinitas, Solana Beach, Carlsbad, and Oceanside. The winding roads, breathtaking ocean views, and perfect weather make this area popular for bike rides. However, even in this idyllic setting, the risk of a serious bicycle accident is ever-present.
Despite your best efforts to ride safely and follow traffic laws, negligent drivers can shatter your world in an instant, leaving you injured, frightened, and unsure of what to do next. As you try to process what just happened, a million questions race through your mind. How will you pay for medical treatment? What if you can't work due to your injuries? Is the driver going to be held accountable?
Bicycle accidents can be traumatic experiences with life-altering consequences. At the Law Offices of Mark C. Blane, APC, San Diego bicycle accident attorney Mark Blane understands the challenges injured cyclists face. He's dedicated his career to fighting for the rights of cyclists hurt by negligent drivers in Del Mar, Encinitas, Solana Beach, Carlsbad, Oceanside, and throughout San Diego County.
In this comprehensive guide, we'll cover essential safety tips every cyclist should know, what steps to take if you're hit by a car while riding your bike, and how our skilled bicycle accident attorney can help protect your rights after a crash.
Top Five Bicycle Safety Tips for San Diego Cyclists
While you can't control the actions of motorists, you can take proactive steps to reduce your risk of being hit by a car on a bicycle. Here are five key safety tips:
- Always wear a helmet. A properly fitted helmet is one of the most effective ways to prevent brain injuries in a crash. Make sure yours meets current safety standards and hasn't expired.
- Follow the rules of the road. Ride in the same direction as traffic, obey all traffic signs and signals, and use hand signals when turning. Behaving predictably helps motorists anticipate your movements.
- Be visible. Wear bright, reflective clothing and use lights on your bike at night or in low-visibility conditions. The more visible you are, the more likely drivers are to see and avoid you.
- Watch for road hazards. Scan ahead for potholes, debris, grates, and other obstacles that may cause you to crash. Give yourself plenty of time to maneuver around them safely.
- Ride defensively. Never assume a driver sees you. Make eye contact when possible, and be prepared to take evasive action if needed. Give motorists extra space and watch for people opening car doors in parking areas.
What Should You Do If You're Hit by a Car on Your Bicycle?
Even the most cautious cyclist can't avoid every bike crash. You must protect your rights if you're hit by a car while riding your bike. Even if you did nothing wrong to cause your bicycle accident, the negligent driver’s insurance company could try to deny your claim. Here are essential steps to help our bicycle accident lawyer build a strong case:
- See a doctor. Call 911 if you need emergency medical attention. Your physician should examine you within 72 hours, even if you feel okay. Some injuries, such as neck, back, spinal, or traumatic brain injuries, may not be immediately apparent. You also may help prevent arguments by the insurance company about the cause or severity of your injuries.
- Call the police. Insist on having an officer come to the scene to create an accident report, even if the driver tries to persuade you not to. The police report could contain helpful information that may help you prove the motorist caused your bike accident. Be sure to get the report number before you leave the scene of the accident.
- Gather evidence. If possible, take photos of your injuries, damage to your bike, the vehicle that hit you, and the overall accident scene. Get names and contact info for the driver and any witnesses.
- Limit your communication with the driver’s insurance company. Limit communication with the negligent driver’s insurance company and keep details about the accident and your injuries to a minimum. Don't give a recorded statement or agree to anything else without consulting with a bicycle accident attorney.
- Notify your insurance company. Call your insurer to report the accident, but be careful what you say. Notifying your insurance company protects your right to file a claim if the negligent driver doesn’t have sufficient insurance to compensate you for your injuries fully.
- Call a bicycle accident attorney. Contact our experienced bicycle accident lawyer, who can evaluate your case and advise you on your next steps. Avoid discussing fault or signing anything from the driver's insurance company before doing so.
How Long Will It Take to Settle Your Bicycle Accident Claim?
One of bicycle accident victims' most common questions is how long it will take to resolve their injury claim. The truth is, there's no one-size-fits-all answer. While every case is unique, most bicycle accident claims take at least several months to resolve, while others can drag on for a year or longer.
Several factors can influence the timeline. Understanding them can give you a general idea of what to expect:
- Severity of Your Injuries. The more serious your injuries, the longer it may take to settle your claim. With severe injuries, you'll need to reach maximum medical improvement (MMI) before your attorney can accurately value your damages. MMI is when your condition has stabilized, and further significant improvement is unlikely. This can take months or even years for some injuries.
- Liability Disputes. If there are questions about who was at fault for the accident, it can delay the settlement process. The insurance company may try to argue that you were partially or fully to blame. Our attorney will need to gather strong evidence to prove the driver's negligence and defend against allegations that you contributed to the crash.
- Insurance Company. Some insurance companies are more reasonable than others when settling claims promptly and fairly. If the insurer drags its feet, denies liability, or makes lowball settlement offers, this can extend the time it takes us to negotiate your settlement.
- Having a Strategic Attorney on Your Side. When you're up against a powerful insurance company, you need a lawyer who can level the playing field. Attorney Mark Blane has decades of experience fighting for bicycle accident victims’ rights. He has a track record of successfully handling bicycle accident claims and defeating insurance company tactics.
- Litigation. The timeline of your case can extend significantly if it cannot be settled through negotiations and your attorney must file a lawsuit. The litigation process involves court deadlines, discovery, depositions, and potentially a trial. While most cases still settle before going to trial, getting to that point can take a year or more.
Three Reasons to Hire a Bicycle Accident Attorney
If you've been hurt in a bicycle-car collision, you may wonder if you really need to hire an attorney. Here are three important reasons not to go it alone:
- Proving liability can be complex. California follows a pure comparative negligence law, meaning your compensation can be reduced by your percentage of fault. Insurance companies often try to shift undue blame onto cyclists. Our lawyer will gather evidence and hire expert witnesses if necessary to build the strongest case possible and fight any allegations that you were at fault.
- Valuing damages isn't always straightforward. In addition to medical bills and lost wages, you may be entitled to compensation for future treatment costs, lost earning potential, pain and suffering, and diminished quality of life. We’ll identify all your damages and calculate your case's full worth.
- Dealing with insurers can be overwhelming. Insurance adjusters are trained to pay out as little as possible. They may pressure you to accept a low settlement or twist your words against you. Our attorney will handle all communication and negotiation with the insurance company so you can focus on your health and recovery.
Just as you wouldn't try to treat your own injuries after an accident, it's best not to try to handle your legal claim on your own either. Having an experienced professional on your side can make all the difference in getting the compensation you need and deserve. Our lawyer will listen to your story compassionately, explain your options, and fight tirelessly for the justice you deserve. You focus on healing—let Mark handle the rest.
