Who Can I Sue after a Bike Accident in California?
If you were involved in an accident while riding your bike in California, you might be intent on pursuing justice. Cyclists have rights in the Golden State, and injured victims are fully entitled to explore their options for legal action. A personal injury lawsuit can provide compensation, allowing cyclists to cover their medical expenses, missed wages, and other damages. Who exactly should you sue if you find yourself in this situation?
Determine Who Was at Fault
If you are wondering who you can sue for a bike accident, the first step is simple: Determine who was at fault for your accident. Sometimes, this is obvious. For example, if you were struck by a vehicle with no other cars on the road, the at-fault driver is clear. In other situations, however, the answer might not be as straightforward.
For example, what happens when a drunk driver causes a second driver to swerve and hit you? What happens if you fall off your bike after hitting a pothole that the local municipality failed to fix? In these more complex situations, it may be worth getting advice from a personal injury lawyer.
Can I Still File an Insurance Claim after a Bike Accident in California?
California is an “at-fault” state when it comes to traffic accidents. This means that you can file a personal injury lawsuit without relying on no-fault insurance. That being said, insurance can still factor into the equation. There is no real equivalent to auto insurance for cyclists, but injured victims can still file claims through the insurance policy of the at-fault driver after bike accidents.
Suing Individuals After Bike Accidents
It may also be possible to sue individuals after bike accidents in California. Under normal circumstances, this strategy might not be as productive as filing a claim through their auto insurance. However, there are certain situations in which it might be the only way to pursue fair compensation – especially in cases involving catastrophic injuries. If you are facing serious losses in the form of medical expenses and missed wages, the policy might not cover your full range of damages.
If the person who injured you has certain assets, they may be forced to provide you with compensation above and beyond the maximum payouts stipulated by their insurance policy. On November 6th of 2023, it was reported that a former Governor of California and a Hollywood actor were being sued for allegedly hitting a cyclist with his SUV. Since this individual is quite wealthy, he may be forced to pay out a considerable sum in either a settlement or jury award.
Where Can I Find a Qualified Bike Accident Attorney in California?
If you were injured while riding your bike in California, it makes sense to consult with an experienced bicycle accident lawyer at your earliest convenience. These injury attorneys can provide you with targeted guidance based on your unique situation, and they can answer any questions you might have about a potential lawsuit. The truth is that it is difficult to know exactly who you can sue until you speak with an attorney because each bike accident is slightly different. Book your consultation today for more specific advice.
For over forty-three years, Fred Knez has been representing individuals and corporations in serious personal injury and business litigation, both as a plaintiff and defendant. Following his service in the Army during the Vietnam War as a medic and medical laboratory technician, Fred attended the University of Colorado. He then worked as an insurance adjuster for Allstate Insurance and as a private investigator before graduating from law school. Fred was admitted to practice law in California in 1980, the U.S. District Court in 1981, the Ninth Circuit U.S. Court of Appeals in 1983, and the U.S. Supreme Court in 1984. Learn more here.