When a child or cyclist is hit by a car, the outcome is often tragic. Pedestrian and cyclists are vulnerable and a car, even at 20 miles per hour, can inflict terrible damage. If you or a loved one has been involved in such an accident in San Diego or anywhere in Southern California, you need a lot of support.
Before even thinking of contacting an attorney, you need to focus on getting medical care and supporting your loved ones. Pedestrian and Bicycle attorney Mark C. Blane understands the anguish and distress brought on to your life and has written an informative, easy-to-read book about what to expect after a serious San Diego pedestrian or bicycle accident. This book is offered for free.
Here are some things you need to do following a pedestrian or bicycle crash:
- Get immediate medical care, even if you suffered only soft tissue injuries or if you recovered rather quickly from a concussion
- Make sure your medical report mentions the details of your accident
- If necessary or possible, take pictures of your injuries right away
- Inform the police at once and get their report. Make sure it is complete and you agree with all the details of the occurrence
- Make your own report, mentioning all the details even if they seem unimportant
- Keep damaged clothes, bicycle or belongings as they are
- Get the contact coordinates of all those involved
- Make sure you get a statement from the witnesses
- Take photos of the accident scene and damage to the bike or car
Who is at fault is a crucial element to a future claim for compensation. Even when a pedestrian or cyclist made a mistake or aggravated the accident, the other party may also have been careless or negligent. In crowded areas swarming with hundreds of people, bicycles, skateboarders, joggers and drivers are required to be cautious and proactive. This is by no means guaranteed when more often than not drivers are undisciplined, distracted, exhausted, under the influence, reckless or aggressive.
Even if there is a shared responsibility, California law will grant the injured party compensation, reduced, however, with their share of the fault. Some accidents are not caused by a vehicle driver at all, but results from a dangerous sidewalk or road conditions, or even from a defective bicycle. If so, the negligent or careless party, even if absent from the scene, is still liable for your injuries and damage. This may be prosecuted as a premises liability or defective product case.
Preparing your case:
The compensation you are entitled to could reach substantial amounts of money, meaning your claim will be fiercely contested by the defendant, generally a large insurance company. Making your case watertight will involve a lot of tedious work, such as:
- Filing all the receipts and bills for all out of pocket expenses made
- Analyzing all the insurance contracts related to your accident: car, health, life, legal protection, travel, etc.
- Constantly updating and controlling the record of healing and rehabilitation care received, medication taken, medical reports received
- Recording daily how the accident impacts your life and your family's lives, physically and emotionally
- Calculating the loss of income and missed opportunities in monetary terms
Don't hesitate to call Mark Blane now at 888-845-6269 or send an e-mail for a free, no obligation consultation. Remember there are no fees for our legal services until we win your case, so call us today. Hablamos Español.