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San Bernardino Bicycle Accident Lawyer

We often imagine collisions between cars and trucks when we hear news about highway accidents.

However, accidents involving cars and bicycles are also a point of concern. If you’re bicycling, the last thing on your mind is getting crashed into by a driver. 

Bicycle accidents pose a lot of serious implications and, in some cases, may result in fatalities. According to the Centers for Disease Control and Prevention (CDC), over 130,000 bicyclists are injured, and nearly 1,000 die due to vehicular crashes yearly in America. 

If you are an accident victim, you’d need to know the legal options available to receive full compensation.  This article explores everything you need to know about your legal rights in car-bicycle accidents. 

Common Causes of Car-Bicycle Accidents

Some of the common causes of car-bicycle accidents include the following:

Alcohol.

Most accidents of this nature are caused by drivers under the influence, accounting for about 34% of fatalities.

Time of day.

The time of the day also contributes to accidents. They happen in the evening.

Location.

Most bicycling accidents are more likely to occur in urban than rural areas. 

Poor infrastructure.

If the city doesn’t have sufficient infrastructure, it increases the likelihood of cars colliding with bicycles. This can include road hazard accidents caused by debris in the street. 

Driver recklessness.

Most car-bicycle accidents occur because the driver isn’t paying enough attention on the road. This can lead to a head-on collision; common injuries include TBI, whiplash, back injuries, and even death.

What to Do if You Are Involved in a Car-Bicycle Accident

You should carry out the following actions if you are involved in a car-bicycle accident:

Seek medical attention immediately. 

First and foremost, make sure you are ok–and if not get the medical attention you need. Our team of experienced San Bernardino brain injury lawyers know all to well that traumatic brain injuries (TBIs) are among the most common types of injuries that can be sustained from car-bicycle accidents. Even if you feel ok at the time of the accident be on the look out for the signs of a traumatic brain injury.

Call law enforcement as soon as possible. 

The police need to arrive at the scene so that an official accident report will be filed. If you do not get a copy of that report at the scene, here is how to file a San Bernardino Police accident report online, submit a San Bernardino police report request, and how to get a California Highway Patrol incident report.

Do not attempt to negotiate with the at-fault party.

The driver may not provide accurate contact information, insurance company, or vehicle ownership. Please wait for the police to arrive and do their jobs. 

  • Do not tell the driver or police that you’re fine. The fact is, you don’t know if you’re 100% fine. You may have sustained some injuries that may not be apparent until later. A doctor should be the only person certified to give you an approved bill of health.
  • Ensure you have eyewitness information. 
  • Consult with a car accident attorney. 
The compensations involved in car-bicycle accidents include the following: 
  • Medical expenses. The at-fault party is responsible for paying your medical bills. This includes ambulance fees, doctor visits, ongoing medical care, and rehabilitation. 
  • Lost income. If you can’t work due to the accident, the at-fault party compensates you for the lost wages.
  • Property damages. If your bike, phone, or clothes are damaged, the driver is responsible for repairing or replacing them.
  • Pain and suffering. You’re also entitled to compensation for physical pain, discomfort, and emotional distress due to the accident.

Car accidents do not happen; something might have led to them. Some reasons include bumpy roads, faulty car engines, and even the time of day. However, it could result from a negligent driver being under the influence of alcohol and hard drugs. Parties liable for the accident must be held responsible for paying compensations and damages. With the help of a no fee guarantee attorney, you can forward a strong case against the at-fault and their insurance company. Understanding your legal options and how to proceed with your case is vital. That’s why we curated this article to explore all you need to know about these lawsuits and what to expect from these lawsuits. 

Can You Sue A Drunk Driver?

If a car accident occurs because of a drunk driver, you have every right to file a claim or lawsuit against them. It would help if you had the assistance of a professional attorney to make a strong case, proving their negligence. Once your lawyer has established your pain and suffering and property damages due to the accident, you may be entitled to fair compensation. 

When to Sue A Drunk Driver​

If you’re injured in a car accident, the best approach is to pursue an insurance claim. You need an auto accident attorney to facilitate this process. Drivers in California are expected to have a personal injury, accident, and property coverage. If you’re insured, your policy should also cover Personal Injury Protection (PIP). Your PIP should be able to cover some compensation, and you can also file a claim with the at-fault driver’s policy. 

Do DUI Charges Impact A Drunk Driver Lawsuit?

It is essential to note that a personal injury claim is a civil matter quite different from a DUI case. Your attorney can file both cases, and you don’t need to wait for the verdict of the DUI case.  You can pursue personal injury compensation from the driver while the court takes care of the drunk driving charge differently.

What Happens in a DUI Lawsuit?

The following are what you need to know and expect from a DUI lawsuit: 

Liability.

Your attorney will show that the driver’s decisions on the road were impaired, leading to an accident, property damage, and injuries. 

Damages.

Some damages that can be claimed in a DUI lawsuit case include lost wages, medical bills, pain and suffering, lost earning capacity, loss of consortium, wrongful death, punitive, and property damages.

Criminal charges.

The DUI lawsuit can also result in criminal charges against the driver if the matter is serious.

Insurance coverage.

While the at-fault driver’s insurance company covers some of the damages, there may be limits on the coverage, especially from accidents caused by DUI.
It is essential to hire a professional auto accident attorney who will represent your best interests – whether filing a claim or a lawsuit. The legal process for accidents of this nature is often complicated. You need a lawyer to simplify the processes and ensure you and your family are fairly compensated for the accident. 

Injury

Pedestrian Accidents

There’s no better feeling than taking a short or long walk as a daily routine. However, that feeling could turn dreadful in seconds if you get hit by a car. These kinds of accidents can result in serious injuries and fatal outcomes. According to a National Highway Traffic Safety report, over 6,500 pedestrians were killed, and over 55,000 persons were injured in 2020 alone. You may need to know your legal options if you’ve been involved in a pedestrian accident. More importantly, you must speak to an auto accident attorney for the best action.

Taking the Right Steps

Taking the right steps after being hit by a car is essential, as it would help secure and extend your legal options. You should take the following actions: 
  • Report to the police. Dial 911 or call any emergency numbers if anyone is badly wounded
  • Collect the contact information from the driver or drivers involved 
  • Collect the insurance information from the driver involved
  • Take pictures and video recordings of the accident scene 
  • Obtain eyewitness contact information
  • Report the incident to your insurance company
Filing an Insurance Claim
If you were hit by a car, you’re probably wondering who gets to pay your medical bills and cover your rent while recovering in the hospital. Usually, the at-fault driver and their insurance company are liable to pay fair compensation.  Other compensation includes emotional distress, lost wages, and pain and suffering. If the accident results in a death, a wrongful death claim will be issued to the at-fault parties – and ensure the deceased’s surviving family is fairly compensated.  You need the assistance of a pedestrian accident attorney to walk you through the process of presenting a strong claim and getting full compensation from the at-fault driver. 
Filing a Lawsuit
If all negotiations with the at-fault party’s insurance company break down, your attorney may advise you to file a personal injury lawsuit in court.  You need to hire an attorney to provide compelling evidence that the at-fault driver was negligent and reckless. This process is rigorous; however, a professional attorney will present a strong case and ensure you’re duly compensated for the accident.
Recovering Compensation from Your Insurer
In some cases, you may recover compensation from your insurance company. They may cover your medical expenses. However, relying on your insurance provider will not cover other payments, such as lost wages. You need to understand that if your insurance provider covers your medical bills, and you recover the compensation from the at-fault party’s insurer, you may refund the money spent on healthcare. You can also file a claim to your insurer for property damages if for example your phone or clothing was damaged during the accident.

Hit and Run

This is much more common than you probably think. If your car has been hit or if you’ve been injured in a hit-and-run accident, you may be wondering how to get compensated. It is essential at this point to contact a personal injury attorney immediately. 

Who is Liable in a Hit and Run?

In legal terms, the reckless driver is liable for the accident. However, this case is special because the driver, while crashing into your car or hitting you, has driven away from the scene. It could be a driver who has failed to identify themselves.
No matter the case, the reckless driver is responsible for the damages. Under California Vehicle Code § 20002, a driver can not leave the scene of an accident without leaving his or her information to the people involved.

Penalties In Hit and Run Cases

The penalties in a California hit-and-run case may vary based on the severity of the incident. If the accident results in property damage, the at-fault driver may face a fine of $1,000 and up to 6 months in jail. However, it could be much worse if the damages or accident-related injuries is severe. For instance, the fine could be up to $1,000 and 4 years in state prison if the incident results in an injury. The driver could face 10 years in state prison and fines for wrongful death hit-and-run cases.
Personal Injury

Does Your Insurance Cover A Hit and Run?

Your auto insurance policy can cover some expenses caused by hit-and-run accidents. For instance, collision coverage may repair or replace your car if it has been damaged in a crash caused by a hit-and-run driver. In this case, you may have to pay your deductible – even though the accident wasn’t your fault. However, you will claim your deductible from their insurance company if the at-fault driver is found. It is essential you hire a car accident attorney who will explore the best options and ensure you get compensated. 

What to Do in a Hit-And-Run Case

If you or your car has been hit, you should take the following steps: 
  • Report the accident to the authorities and provide as much information as possible about the at-fault driver.
  • Go to the hospital immediately
  • Contact your insurance company if you’ve got car insurance
  • Consult an auto accident attorney who will help you understand your legal options.
  • File a claim with the California Victim Compensation Board, as you may be eligible for financial assistance.

Reach out to us if you live in California and need legal assistance for a hit-and-run case.

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Personal Injury Lawyer & 

Car Accident Gold Firm

255 N D St #200-XIII, 

San Bernardino, 

CA 92401

Call US 909 308 1118
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