Riding a bicycle in the Bay Area can be very dangerous, even for the most experienced cyclist. Often the inattentiveness of other vehicles on the road can be the cause of bicycle collisions.
Even if the police report is against you, you may still be able to recover.
What should I do if I get into a bike accident?
It is always a good idea to first call the police when you are injured in a bike accident. This will keep a record of the accident and can help with providing photographs, measurements, the existence of debris or road hazards, as well as witness and insurance information.
I was riding my bike down the street when a door flew open causing me to fall and be injured. Who’s at fault?
California Vehicle Code Section 22517 states that a car door may be opened on the traffic side of a vehicle only when it is reasonably safe to do so. A common type of bicycle accident in the Bay Area is being “doored.” Bicyclists have a right to share the road and it is the duty of the person opening the vehicle door to ensure that it is safe.
I was in a bike accident and I wasn’t wearing a helmet. Does that affect my case?
A: Cyclists over the age of 18 are not required to wear a helmet in California. Not wearing a helmet will have no effect on who is at fault. However, it will likely affect the severity of the injuries you suffered, so we encourage all cyclists to wear a helmet.
Is there any type of insurance, other than my health insurance, that may cover my medical bills?
Yes. If you or a relative you live with owns a car, you may be covered under the medical payment provision. This is a no-fault provision that covers you if you are injured by a motor vehicle (no matter who is at fault). An experienced attorney can guide you through the insurer’s coverage.