Bicycle accidents rarely come with a warning. One second, you’re pedaling through an intersection or cruising in the bike lane. The next, you’re on the pavement – bruised, bleeding, and unsure of what just happened.
If you were hit by a careless driver, you have the right to file a bicycle accident injury claim. But the process won’t always feel straightforward. Medical bills start piling up fast, and insurance companies often delay or downplay the severity of your injuries.
A Huntington Beach bicycle accident lawyer will help you hold the right party accountable and build a claim that protects your future. But before you make that call, it helps to understand the steps involved and what California law says about fault, liability, and compensation.
When Can You File a Bicycle Accident Injury Claim?
You’ll have the right to file a claim anytime someone else’s careless or unlawful behavior causes your injury. In California, that usually means proving negligence. You’ll need to show that:
- The person owed you a duty of care
- They breached that duty (for example, by running a red light or failing to yield)
- Their actions caused your injuries
You can file a claim after all kinds of bike-related accidents, not just car collisions. Injuries from dangerous road conditions, bike path hazards, or even dog attacks may also qualify. You can also bring a claim after a hit-and-run cyclist accident, though tracking down the driver or seeking compensation through your own policy may require a different approach.
California law gives you two years from the date of the accident to file a claim, but you’ll want to act much sooner. Evidence disappears quickly. Witnesses forget. Insurance companies start building their defense the moment the report hits their desk. You’ll want someone doing the same for you.
How Fault Is Determined in Bicycle Accidents
California uses a system called comparative fault. That means more than one person can share blame for an accident, including you.
Let’s say a driver fails to yield, but you weren’t wearing a helmet. Or maybe you rolled through a stop sign, but the driver was texting. Each person’s actions will come under review, and investigators will assign a percentage of fault to everyone involved.
The amount of money you recover will depend on that percentage. If someone decides you were 20 percent at fault, your total compensation drops by 20 percent. That’s why insurance companies will look for any reason to blame you. Helmet use, lane position, and even the color of your clothes may come up during negotiations.
A police accident report will play a role in shaping how fault is viewed. So will witness statements, photos, video footage, and any available GPS or cell data. A personal injury attorney will gather and preserve this evidence before it disappears – and push back if the other side tries to twist the facts.
What Damages Can You Claim After a Bicycle Accident?
Once it’s clear who caused the crash, your lawyer will turn to what the accident actually cost you – financially, physically, and emotionally. It’s not just about the hospital bill.
Your bicycle accident injury claim may include:
- Medical Expenses – ER visits, surgery, physical therapy, follow-ups, and prescriptions
- Lost Wages – Time missed from work or reduced earning potential if your injuries prevent you from returning
- Pain and Suffering – Physical pain, emotional stress, loss of sleep, fear of riding again, and long-term trauma
- Property Damage – Repairs or replacement for your bicycle, gear, or damaged phone
Some people also qualify for damages related to disfigurement, permanent disability, or the cost of in-home care. A lawyer will help you track everything and will work with your doctors to show the full extent of your injuries.
Steps to File Your Bicycle Accident Injury Claim
Once you’ve received medical care and gathered the basic facts of the crash, you’ll start the claims process. Here’s how that usually works in California:
- Report the Accident – Call the police and ask the officer to write a report. That report will show what happened and help back up your side of the story.
- Document Everything – Save photos of your injuries, damaged bike, and the crash scene. Hold onto receipts, medical records, and anything else that shows what happened and how it’s affecting you.
- Get Medical Treatment – Even if you didn’t need emergency care, follow up with your doctor. You’ll need a full picture of your injuries before you file.
- Contact a Huntington Beach Bicycle Accident Lawyer – A lawyer will evaluate your case, handle communication with the insurance company, and guide you through the claim from start to finish.
- File the Claim – Your lawyer will submit a demand to the at-fault driver’s insurance company. That demand will outline your injuries, losses, and the amount of money you’re seeking.
- Negotiate or File a Lawsuit – If the insurance company refuses to pay a fair amount, your lawyer may file a lawsuit in court. Most cases settle before trial, but preparing for one gives your case more weight.
Each case will follow a slightly different path. But with a strong claim and the right legal help, you’ll put yourself in the best position to move forward.
What to Expect from the Insurance Company
After the crash, you’ll likely hear from an insurance adjuster. They may seem polite. They may ask how you’re feeling or request a statement. But their goal will be to limit what they pay, and anything you say may come back to hurt your claim.
You don’t have to speak with them directly. You don’t have to sign anything, accept a lowball offer, or settle quickly just to “move on.” A lawyer will handle all communication and negotiate on your behalf.
If the insurance company refuses to treat you fairly, you can take the case to court. That doesn’t mean every claim ends in trial. In fact, most settle before reaching that point. But when the other side knows you’re prepared to fight, they often start taking the claim more seriously.
Call a Huntington Beach Bicycle Accident Lawyer Today
If a driver hurt you and left you with questions, we’re ready to help. At DJA Injury Attorneys, we know how insurance companies work – and we’ll use that insight to protect your rights after a crash.
We’ll handle the paperwork, push back against low offers, and build a strong claim from day one. Call us today at (949) 229-7228 to speak with a Huntington Beach bicycle accident lawyer and set up your free consultation.