The East Bay area of San Francisco is an easy place to catch the “cycling bug!” It’s an ideal environment to enjoy the outdoors and stay fit, but there is also a downside: accidents. Knowing your rights as a cyclist could be the difference between emerging from an unfortunate incident financially secure and with a gaping hole in your pocket.
Kyle Smith, cycling enthusiast, East Bay local, and attorney at Paceline Law, specializes in providing legal advice to bicycle crash victims in Northern California.
You’ll find his key tips for cyclists below:
Know Your Rights as a Cyclist
In the East Bay, cyclists have the same rights as drivers and motorcyclists. Because of this, you are entitled to use most roads equally when on your bike but you must also follow traffic laws, including obeying traffic signals and signs. Additionally, cyclists have protected rights such as an obligation for drivers to pass them at a safe distance. But despite many legal protections, accidents can and do happen. In these cases, it’s critical to know your rights to avoid a complex legal situation.
Here is What to do if You’re Involved in an Accident
1. Get a Police Report
Call the police immediately if you are hit by a car. Do this regardless of the severity of the incident. A police report, also known as a traffic collision report, documents the event and serves as evidence for any future claims. This report will include essential details about the accident which may help to support your case.
2. Gather Information
The police report should include the driver's and any witnesses' contact information. However, if you can collect this information yourself, do so. If you’re injured and unable to get it, ask a friend to help. Witnesses could leave before the police arrive, so obtaining their contact details quickly is very important.
3. Document Everything
Take lots of photos of the accident scene, including your bike, the driver’s car, any injuries you have, and the surroundings. These photos will become invaluable evidence should you file an insurance claim or build a legal case. Don’t rely solely on the police to include all the details.
4. Avoid Speaking to the Insurance Company
Remember that insurance companies often try to pay the lowest amount possible. Because of this, it’s important not to speak with the driver’s insurance company without speaking to a lawyer first. If you speak to the insurance company directly, anything you say to them could be used against you in the future. Allowing a lawyer to be your intermediary can ensure you’re adequately represented by someone with experience in cases like these.
5. Seek Medical Attention Immediately
Even if you don’t have an immediately recognizable injury, you should seek medical attention as quickly as possible. Injuries may not be visible or noticed right away, and delaying treatment could weaken a case against the driver. Not only does visiting a hospital, urgent care, or calling 911 help ensure you’ll be treated for any injuries you may have sustained, it could also be vital for future claims.
Why You Need a Bike Specialist Lawyer
Kyle Smith’s unique background as a keen cyclist and dedicated attorney allows him to empathize with his clients and use his bicycle-focused legal expertise to advocate on their behalf. Having represented hundreds of cyclists against negligent drivers and hazardous road conditions, Smith is committed to securing fair outcomes for his clients.
In the unfortunate event of an accident, understanding these steps and having a specialized lawyer can make all the difference in receiving the compensation you deserve. Stay aware and informed to help ensure your rights are protected on every ride.
The East Bay area of San Francisco is an easy place to catch the “cycling bug!” It’s an ideal environment to enjoy the outdoors and stay fit, but there is also a downside: accidents. Knowing your rights as a cyclist could be the difference between emerging from an unfortunate incident financially secure and with a gaping hole in your pocket.
Kyle Smith, cycling enthusiast, East Bay local, and attorney at Paceline Law, specializes in providing legal advice to bicycle crash victims in Northern California.
You’ll find his key tips for cyclists below:
Know Your Rights as a Cyclist
In the East Bay, cyclists have the same rights as drivers and motorcyclists. Because of this, you are entitled to use most roads equally when on your bike but you must also follow traffic laws, including obeying traffic signals and signs. Additionally, cyclists have protected rights such as an obligation for drivers to pass them at a safe distance. But despite many legal protections, accidents can and do happen. In these cases, it’s critical to know your rights to avoid a complex legal situation.
Here is What to do if You’re Involved in an Accident
1. Get a Police Report
Call the police immediately if you are hit by a car. Do this regardless of the severity of the incident. A police report, also known as a traffic collision report, documents the event and serves as evidence for any future claims. This report will include essential details about the accident which may help to support your case.
2. Gather Information
The police report should include the driver's and any witnesses' contact information. However, if you can collect this information yourself, do so. If you’re injured and unable to get it, ask a friend to help. Witnesses could leave before the police arrive, so obtaining their contact details quickly is very important.
3. Document Everything
Take lots of photos of the accident scene, including your bike, the driver’s car, any injuries you have, and the surroundings. These photos will become invaluable evidence should you file an insurance claim or build a legal case. Don’t rely solely on the police to include all the details.
4. Avoid Speaking to the Insurance Company
Remember that insurance companies often try to pay the lowest amount possible. Because of this, it’s important not to speak with the driver’s insurance company without speaking to a lawyer first. If you speak to the insurance company directly, anything you say to them could be used against you in the future. Allowing a lawyer to be your intermediary can ensure you’re adequately represented by someone with experience in cases like these.
5. Seek Medical Attention Immediately
Even if you don’t have an immediately recognizable injury, you should seek medical attention as quickly as possible. Injuries may not be visible or noticed right away, and delaying treatment could weaken a case against the driver. Not only does visiting a hospital, urgent care, or calling 911 help ensure you’ll be treated for any injuries you may have sustained, it could also be vital for future claims.
Why You Need a Bike Specialist Lawyer
Kyle Smith’s unique background as a keen cyclist and dedicated attorney allows him to empathize with his clients and use his bicycle-focused legal expertise to advocate on their behalf. Having represented hundreds of cyclists against negligent drivers and hazardous road conditions, Smith is committed to securing fair outcomes for his clients.
In the unfortunate event of an accident, understanding these steps and having a specialized lawyer can make all the difference in receiving the compensation you deserve. Stay aware and informed to help ensure your rights are protected on every ride.
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