Can I Sue a Driver Who Hit Me While I Was Riding My Bike? 

 Posted on February 06, 2023 in Car Accident

The great weather in California allows cyclists to ride their bikes nearly all year long. In addition to being the responsible choice for the environment, riding your bike can save you money and help you stay fit - that is, unless you get involved in a serious bicycle accident.

Cyclists are at great risk of catastrophic injuries and even death in car accidents. Their small size relative to other vehicles on the road, and their relative lack of protection, means that they are easily exposed to very severe injuries that can lead to a long and expensive recovery process. Fortunately, even if you were partly to blame for an accident, you may still be able to recover damages to help you pay for any injuries you acquired. And if you lost a loved one in a tragic accident, you may be entitled to recover compensation in a wrongful death lawsuit. 

Common Bicycle-Auto Accident Injuries

Cars and other vehicles frequently do not see cyclists on the road, leading to a number of common types of accidents. These include sideswipes, t-bone accidents, crush injury accidents, and accidents that happen when a driver opens a door directly into a cyclist’s pathway. The injuries that a cyclist suffers from vary depending on the case, but very often include: 

• Traumatic head injuries

• Broken or fractured bones

• Road rash

• Severe facial injuries, often requiring surgical reconstruction 

• Internal bleeding and severe organ damage

• Limb loss 

• Death 

How Long Do I Have to File a Lawsuit After a Bike Accident? 

The California statute of limitations in personal injury cases is generally two years. This means you have to file the lawsuit within two years of the date of the accident, not that the lawsuit has to be completed within two years of the accident. If you wait longer than that, you usually cannot recover any money at all, no matter how serious your case was or how obvious it was that the driver was at fault. 

If you did not discover an injury immediately following an accident (as can be common in cases involving head trauma), you may have another year from the date you discovered the injury. If you were under 18 when you were injured, or if you were in a coma for a long time after the accident, you may have more time to file a lawsuit. Understanding the statute of limitations in California can be complex, but it is essential to getting the compensation you deserve. Contact an attorney who can help you understand the general timeline for a personal injury case. 

Call a Temecula, CA Bicycle Auto Accident Lawyer

Getting hit by a car on your bike can cause long-term physical and emotional damage, including very expensive medical treatment. If you have been injured as a cyclist, or if you have lost a loved one in a cycling accident on the road, you deserve to know your legal options. At Maineri Law Firm, we have over two decades of experience aggressively pursuing maximum compensation on behalf of our clients. We offer free consultations so you can learn more about our firm and the service we offer. Call our Riverside County bicycle injury lawyers at 951-698-4200 today. 

Source: 

https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en