If you ride a bike for recreation, transportation, or fitness, this thought has surely crossed your mind: If I get hit by a car on my bike, can I sue? Perhaps you’ve already been hit and are wondering how to proceed.
Here’s the short answer: You can sue, but you need to know a few things first.
First, you need to understand the difference between an insurance claim and an injury lawsuit. If you were struck by a vehicle and the driver is at fault, then you can file a claim with the driver’s insurance company. You will need to prove that the driver was at fault, and then you can negotiate fair payment for your injuries and losses with the insurer.
Insurance negotiations aren’t easy and are often best left to professionals. Filing a lawsuit is usually done as a last resort. If the insurance company is denying your claim or refusing to pay you fairly, then you could sue the driver or his or her insurer, depending on the circumstances.
Absolutely. It’s true that, in most cases, some fault could rest with the driver for failing to avoid hitting a cyclist—but not always. For example, if a bicyclist was riding at night without reflective clothing and not following the rules of the road when he or she was struck and injured, the cyclist may not have a good case against the driver.
Nevertheless, you should discuss any bike accident claim with an attorney who can examine your accident to see if you do have a viable case.
If a car hit you while you were on your bike, you can sue under most circumstances—especially if you suffered injuries and damages—but you may want to try filing a claim with the driver’s insurance company first.
As long as you weren’t found to be completely at fault for the crash, you should be able to recover some compensation. To learn more about whether you can file an injury claim for your situation, contact an attorney.
The Kindley Firm, APC, has a San Diego personal injury lawyer ready to take your call and discuss the details of your collision. We can discuss your case during a free initial claim evaluation. To reach us, call 619-550-1313 or fill out the form below.