Bicycle injuries can be serious. Against a car, the car is going to win. Hopefully the biker has a helmet, but still is at risk for traumatic brain injury, broken bones, spine injuries, etc.
The basic principles of negligence most likely apply: duty, breach, causation, and damages. Each of those elements is factually intensive. For duty and breach, how did the accident happen? Who had the right of way? Was a statute in the Vehicle Code violated?
For proving the elements of causation and damages, an appropriate medical workup is crucial. Defense attorneys love to attack a case by claiming damages were excessive, some or all of the claimed damages are not causally related, or the client had a pre-existing problem.
A few things could help make a stronger case:
- Get prompt medical attention and follow through on medical advice (i.e. imaging, prescriptions, evaluation by a specialist, follow up appointment)
- Seek legal advice as early as possible
- Take photos of the scene, of the bike, of the vehicle
- Get a copy of any police report
- Keep the bicycle as evidence
All too often, people cooperate with the opposing insurance company thinking the adjustor will want to pay out money to make it right. Unfortunately, many people that try to do it themselves get taken advantage of because they do not know how to work up their case and how to value their damages.
James Moore handles bicycle injuries in Northern California from his office in Auburn and is happy to consult with anyone seriously injured on a bicycle.