What to Do If You’re Hit by a Car While Biking in San Diego

Biking in San Diego is a popular way to commute, exercise, and enjoy the beautiful weather. However, cyclists are vulnerable to getting hit by a car. It’s crucial to know what steps to take to protect your rights and ensure you receive the compensation you deserve if you find yourself in this unfortunate situation.

In this guide, we’ll walk you through the essential actions to take if you’re hit by a car while biking in San Diego. For legal assistance in your particular situation, don’t hesitate to consult with us for free at Hamparyan Personal Injury Lawyers.

Step 1. Remain Calm and Call for Help.

In the immediate aftermath of a bike-car collision, it’s natural to feel shaken and overwhelmed. However, it’s crucial to remain as calm as possible and prioritize your safety and well-being. If you’re able to move, carefully remove yourself from the road or any immediate danger. If you’re seriously injured, try to stay still and call for emergency assistance immediately.

Once you’ve ensured your safety, contact the police and request an ambulance if needed. Even if you don’t think your injuries are severe, it’s essential to have a medical professional evaluate you. Injuries like internal bleeding or concussions may not be immediately apparent.

Step 2. Gather Evidence and Information.

While waiting for the authorities to arrive, start gathering as much information and evidence as possible. This will be crucial in supporting your case and ensuring you receive fair compensation.

Take Photos and Videos

Take photos and videos of the accident scene, including:

• The position of the vehicles involved
• Any visible damage to your bike or the car
• The road conditions (weather, lighting, obscured traffic signs, and the like)
• Skid marks
• Any relevant traffic signs or signals
• Your injuries.

Obtain Witness Information

If there were any witnesses to the accident, politely ask for their contact information, including their names, phone numbers, and email addresses. Witness statements can be invaluable in corroborating your account of the incident.

Step 3. Exchange Information with the Driver.

Assuming the driver remained at the scene, exchange the following information:

• Full name
• Contact information (phone number and address)
• Driver’s license number
• License plate number
• Insurance information (company name and policy number).

If the driver attempts to leave the scene before providing this information, try to record their license plate number and a description of the vehicle and driver.

Step 4. Seek Medical Attention.

Even if you don’t think you’ve sustained serious injuries, it’s crucial to seek medical attention as soon as possible after a bike-car collision. Some injuries, such as traumatic brain injuries, may not immediately show symptoms but can be life-threatening if left untreated. During your medical evaluation, be sure to:

• Provide a detailed account of the accident and your symptoms.
• Follow all treatment recommendations from your healthcare provider.
• Keep detailed records of your medical expenses, including bills, receipts, and any missed work or lost wages due to your injuries.

Your medical records will be essential in demonstrating the extent of your injuries and the associated costs – a critical factor in determining the compensation you may be entitled to.

5. Report the Accident.

In addition to calling responders to the scene, you’ll need to file an official report with the appropriate authorities. In San Diego, you can file a report with the San Diego Police Department or the California Highway Patrol, depending on where the accident occurred. When filing your report, be sure to include:

• The date, time, and location of the accident
• A detailed description of the events leading up to the collision (do not, however, provide opinions or speculations regarding fault)
• The names and contact information of any witnesses
• The driver’s information (name, license plate number, and insurance details)
• Any available photos or videos of the accident scene.

Having an official report on record can help strengthen your case and provide valuable documentation for any legal proceedings or insurance claims.

6. Consult with a Personal Injury Attorney.

While it’s possible to handle a bike-car collision case on your own, consulting with an experienced personal injury attorney can significantly increase your chances of receiving maximum compensation. An attorney can:

• Evaluate the strength of your case and advise you on the best course of action
• Negotiate with insurance companies on your behalf
• Represent you in court if a settlement cannot be reached
• Ensure you meet all legal deadlines and requirements
• Fight for the fullest compensation you’re entitled to.

At Hamparyan Personal Injury Lawyers, our dedicated attorneys have extensive experience handling bike-car collision cases in San Diego. We know how to maximize bicyclist injury claims, and we’re ready to assess your case to determine what you’re entitled to.

Understanding Your Rights as a Cyclist

As a cyclist in San Diego, it’s essential to be aware of your rights and the laws that protect you on the road. Under California law, bicycles are considered vehicles, and cyclists have the same rights and responsibilities as drivers of motor vehicles. Some key rights and laws to be aware of include:

• The right to use the full lane when necessary for safety
• The right to ride on most roads, except where explicitly prohibited
• The requirement for drivers to maintain a safe distance (at least three feet) when passing a cyclist
• The obligation for cyclists to follow all traffic laws, including stopping at red lights and stop signs.

By understanding your rights and responsibilities as a cyclist, you can better protect yourself on the road and build a stronger case if you’re involved in a bike-car collision.

Determining Liability in Bike Accidents

In any bike-car collision case, determining liability is a crucial step in seeking compensation for your injuries and damages. In California, liability is typically based on the principle of negligence, which means that the party who failed to exercise reasonable care on the road may be liable for injuries. Factors that may contribute to determining liability include:

• Traffic violations (running a red light, failing to yield, and the like)
• Distracted driving (like texting or eating)
• Impaired driving (under the influence of drugs or alcohol)
• Failure to maintain a safe distance from cyclists
• Road conditions (such as potholes and debris)
• Mechanical issues (such as faulty brakes and blown tires).

In some cases, liability may be shared between the cyclist and the driver – a concept known as comparative negligence. For example, if a cyclist was riding against traffic or failed to use proper hand signals, they may be partially responsible for the accident. An experienced personal injury attorney can thoroughly investigate the circumstances of your bike-car collision and gather the necessary evidence to establish liability and build a strong case on your behalf.

Compensation for Bike-Car Collision Injuries

If you’ve been hit by a car while biking in San Diego, you may be entitled to compensation for a variety of damages including:

Medical Expenses

This includes costs for emergency medical treatment, hospitalization, surgery, rehabilitation, medication, and any ongoing or future medical care related to your injuries.

Lost Wages

If your injuries prevent you from working, you may be able to recover lost wages, including future lost earning potential if your injuries result in long-term or permanent disability.

Pain and Suffering

You may be entitled to compensation for the physical pain, emotional distress, and overall diminished quality of life resulting from your injuries.

Property Damage

If your bike or other personal property was damaged in the collision, you can seek compensation for repair or replacement costs.

Punitive Damages

In cases of gross negligence or intentional misconduct by the at-fault party, they may have to pay you punitive damages as their punishment.

The amount of compensation you may be entitled to will depend on the specific circumstances of your case, the severity of your injuries, and the impact on your life. An experienced personal injury attorney can help evaluate your damages and fight for the maximum compensation you deserve.

What to Avoid If Hit by a Car While Biking

While it’s important to take the right steps after a bike-car collision, there are also certain actions you should avoid to protect your rights and your ability to seek fair compensation.

Don’t Leave the Scene.

Even if the accident seems minor, never leave the scene until the proper authorities have been notified and you have exchanged information with the driver. Leaving the scene could be considered a hit-and-run, which is illegal and could jeopardize your case.

Don’t Admit Fault.

In the immediate aftermath of an accident, it’s natural to feel shaken and want to apologize, but it is best not to make any statements that could be construed as admitting fault. The determination of liability should be left to the authorities and legal professionals.

Don’t Delay Seeking Medical Attention.

Crash injuries do not always present immediate symptoms. For instance, persons with whiplash or head injuries often feel fine for a day or so before symptoms start. Delaying medical treatment could not only endanger your health but also weaken your case, as the insurance company may argue that your injuries are not as severe as you claimed.

Don’t Accept the First Settlement Offer.

Insurance companies are in the business of minimizing payouts, so their initial settlement offer is often much lower than what you may be entitled to. Consult with an experienced personal injury attorney before accepting any settlement. Your lawyer can negotiate with the insurer on your behalf and help ensure you receive fair compensation for your losses.

Don’t Provide a Recorded Statement.

Insurance adjusters may try to get you to provide a recorded statement about the accident. However, these statements can be used against you later, so it’s best to politely decline and let your attorney handle communication with the insurance company.

Don’t Post About the Accident on Social Media.

Anything you post on social media, even seemingly innocuous comments or photos, could be used by the insurance company or the other party’s legal team to undermine your case. It’s best to avoid posting anything related to the accident until your case is resolved.

By avoiding these common pitfalls, you can protect your rights and increase your chances of fair damages after being hit by a car while biking in San Diego.

Preventing Bike-Car Collisions

While it’s impossible to eliminate the risk of being hit by a car while biking entirely, there are several steps you can take to reduce your chances of being involved in a collision:

Wear Proper Safety Gear.

Make sure to wear a properly fitted helmet on every ride and consider additional protective gear, such as reflective clothing, gloves, and padded shorts or pants.

Follow Traffic Laws.

Obey all traffic laws and observe rules of the road. Stop at red lights and stop signs, use hand signals, and ride in the designated bike lane or as far to the right as practicable.

Stay Alert and Visible.

Remain vigilant and aware of your surroundings at all times. Use front and rear lights, especially when riding at night or in low-visibility conditions.

Avoid Distractions.

Refrain from using headphones or engaging in other distracting activities while riding, as this can impair your ability to react to potential hazards.

Proper and Regular Bike Maintenance.

Regularly inspect and maintain your bike to ensure it’s in proper working condition, with functioning brakes, tires, and other essential components.

Take a Cycling Safety Course.

Consider taking a cycling safety course offered by organizations or local bike shops. These courses can teach you valuable skills and strategies for safer riding.

By following these preventive measures, you can reduce your risk of being involved in a bike-car collision and enjoy safer cycling in San Diego.

Were You Injured in a Biking Accident? Hamparyan Personal Injury Lawyers can Help.

Being hit by a car while biking can be a traumatic experience, but knowing what steps to take can help protect your rights and secure your rightful compensation. At Hamparyan Personal Injury Lawyers, we’ve helped many San Diego cyclists get the most favorable outcomes in their claims. We’re eager to assist you, too. If you or a loved one has been hit by a car while biking in San Diego, don’t hesitate to contact us at (619) 550-1355 for a free, no-obligation consultation.