San Francisco Bicycle Accident Lawyer
San Francisco’s beautiful year-round climate and gorgeous scenery makes for some of the best biking conditions in the country. Unfortunately, reckless drivers, dangerous road conditions, careless pedestrians, and defective bikes can all cause cyclists to get into accidents when they are on the road. When these accidents happen, the cyclist is often the one who sustains the most serious injuries. When this happens, bicyclists can claim compensation from the at-fault party to help with the cost of their injuries.
To ensure that they receive the full amount of compensation to which they are entitled, injured cyclists should speak to a San Francisco bicycle accident lawyer.
Can You Sue After a San Francisco Bicycle Accident?When a bicycle accident was caused by someone other than the cyclist, bikers can often file a personal injury claim against the at-fault party’s insurance company, a personal injury lawsuit, or both. Generally, the injured party first needs to file a claim with the insurance company. If the accident benefits received are not enough to cover the full cost of injuries, the cyclist can then file a personal injury lawsuit against the at-fault party for the remainder of the costs.
The most important thing to remember when filing either an insurance claim or a personal injury lawsuit is that someone else must be at fault for the accident. To prove that, injured individuals must prove that the liable party acted negligently — that is, they did not behave in a manner that would keep those around them safe. This is the most challenging part of filing a claim. Both the insurance company and the liable party will try to shift blame to the cyclist in order to reduce the amount of compensation they must pay.
A San Francisco bicycle accident attorney can determine liability and hold responsible parties accountable for paying compensation.
What Damages can You Recover After a San Francisco Bicycle Accident?The compensation received in a personal injury claim is known as damages. These are the losses you sustained as a result of the accident. Due to the fact that every accident case is different, so too are the damages recovered. Possible damages often seen in bicycle accident cases include:
- Medical costs
- Property damage
- Counseling
- Occupational therapy
- Lost income and loss of future earning capacity
- Loss of consortium
- Disfigurement or loss of limb
- Scarring
- Pain and suffering
In some cases, punitive damages are also available in bicycle accident cases. In order to recover these, you must show that the defendant acted with gross carelessness or recklessness. For example, if a driver was purposely trying to run down a biker, the courts would view that as extremely negligent. Punitive damages are intended to punish the defendant, and not compensate the victim, although the victim still receives this compensation.
Get the Help You Need from a San Francisco Bicycle Accident LawyerIf you have been in a bicycle accident, you are likely suffering from serious injuries. You may not know how you are going to pay your medical bills, or even when you will return to work, if at all. At the Brod Law Firm, we are San Francisco bicycle accident attorneys who can help. If you have been injured, call us today at (800) 427-7020 or fill out our online form for your free consultation. We will find who was at fault for your accident and hold that party responsible for paying any compensation to which you are entitled. Do not go it alone. Contact us today and give yourself the best chance of success with your claim.