Cycling around California offers refreshing breezes and scenic views, but accidents involving cyclists and cars can unfortunately happen. Sadly. the California Highway Patrol reported that bicyclist deaths happen in approximately 4% of car accidents each year.
If a car hits you while you are on your bike, understanding your rights as a cyclist empowers you to seek the compensation you deserve, and it is important to know what steps to take.
Seek medical attention
Your health is paramount. After any accident, prioritize a thorough medical evaluation. Whether it is emergency care for immediate injuries or follow-up appointments for ongoing treatment, documentation of your medical needs is important.
Report the accident
Inform the police about the incident. Filing a police report creates an official record and helps establish the details of the accident. This documentation can become key evidence later on.
Gather evidence
Document the scene as best you can. Take photos of your injuries, damaged bike, any debris and surrounding landmarks. Witness statements, if available, can also strengthen your case.
Connect with insurance
Contact your own insurance company to understand what coverage might apply to your situation. Your homeowner’s or renter’s insurance may offer some protection, and even your health insurance can assist with medical expenses.
Understand liability
In California, drivers have a duty of care to all road users, including cyclists. If the driver’s negligence caused the accident, they are liable for your damages. Insurance companies will consider factors like traffic violations, road conditions and both your and the driver’s actions in determining fault.
Seek compensation
Being hit by a car can lead to medical bills, lost wages, emotional trauma and property damage. California law allows cyclists who get hit through no fault of their own to seek compensation for these losses. This can include coverage for medical expenses, lost income, pain and suffering and repairs or replacements for your damaged bike and belongings.
Being hit by a car while cycling can be a physically and emotionally challenging experience. By understanding your rights and taking proactive steps, you can navigate the aftermath of the accident and focus on your recovery. Getting back on the road to full health and well-being is the ultimate goal.
