Much of the public doesn’t realize a bike is treated the same as a motor vehicle. Thusly, when a bike’s riding on the sidewalk, when a bike’s riding in a crosswalk, or when a bike is riding the wrong way in traffic, a lot of people think that’s okay. However, it may be a violation of the vehicle code. This is a common misperception.
Another misperception is that bikes have the right of way. We all understand pedestrians have the right of way, but bikes do not.
What Are Some Unintentional Client Mistakes That Hurt Their Case?
People mistakenly talk to the insurance company, thinking that by giving them more and more information, they’re helping their case. In fact, they’re giving material to the insurance company that may hurt them. That’s a problem.
Sometimes, the injured party will call the other side and have a conversation with the person who hit them. They’ll make a statement that will hurt them later.
For example, I could call you and say, “You know, I’d had a couple of beers. I really wasn’t paying attention, but you turned left and hit me.”
When the other side repeats that conversation in court, this isn’t in your best interest. Furthermore, they might misquote you or take a different perception from your words than you intended.
Thusly, talking to the other side can oftentimes lead to problems. When we get into the injury itself, lack of treatment or delay in treatment is a problem for people. They think they’re going to gut it out and get better on their own. They wait and wait and wait. Weeks or months go by, and then finally, they go to the doctor. At that point, it’s harder for us to relate it back to the accident in question.
If The Other Party’s Insurance Calls Me and Asks for a Statement, What Should I Do?
If you’re working with an attorney, you must call the attorney and tell him that the insurance company is calling you. When the other side knows an attorney is involved, they’re not allowed to contact your client.
Thusly, if you want to get them to quit calling you, let the attorney know. He or she will contact the insurance company or the attorney for the other side and announce that he or she is representing the person. At this point, the unsolicited contact will stop.
If I’m Hurt in a Bicycle Accident, Will the Case be Easy for Me?
After 39 years of doing this, I can tell you there is no easy case. Every case has wrinkles. Challenges will be made on every case. Thusly, never underestimate the difficulty or the amount of work you need to put into any case.
If Someone Hits Me, and They Didn’t Have Insurance, What Will Happen?
If an extremely wealthy person hits you, then he or she can respond to damages. Even if he or she doesn’t have insurance, you can pursue them.
If a person has no assets, then pursuing him and getting a big judgment against him is worthless because he can’t pay it. An analysis must be made very early, making sure it’s collectable at the end.
If there is no insurance and the person has no money, then it’s probably not collectable. It’s probably not worth pursuing.
What Happens If A Loved One Died As A Result Of A Bicycle Accident?
The heirs of the decedent have the right to bring a claim. Thusly, this will be the partner, the children, etc. If they don’t exist, brothers, sisters, and parents are the heirs.
They have a right to be compensated for the wrongful death of somebody who is killed due to the negligence of somebody else. They don’t get pain and suffering damages, but they receive pecuniary loss.
If, for example, a breadwinning father dies and leaves a wife and two kids, then his loss of income to the family is a claim the family can bring. They can bring a claim for the loss of love, comfort, society, and affection of their loved one that has died.
Those cases are significant cases. There’s obviously a damage that never ends because the person’s gone. These are very significant cases.
For more information on Misconceptions About Bicycle Accidents, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (916) 565-2100 today.