Bicycle Accident FAQs
Frequently Asked Questions
Can I still bring a lawsuit against the driver if I was hurt while not properly riding my bicycle? (Not wearing a helmet, no reflectors, on wrong side of street, etc.)
A motor vehicle driver didn't actually hit me, but their actions caused my accident and injuries. Can they still be held liable?
The police report for my accident states that the driver was at fault, why do I need the representation of an attorney?
A: Depending on the circumstances surrounding your bike accident, you can possibly recover from the negligent vehicle driver, the vehicle owner, manufacturer or retailer of the bicycle or vehicle, the bicycle repair shop, and/or the City of San Diego or whichever entity controls and maintains the road where the accident happened.
Q: Can I still bring a lawsuit against the driver if I was hurt while not properly riding my bicycle? (Not wearing a helmet, no reflectors, on wrong side of street, etc.)
A: Yes, but your settlement may be limited by the percentage of fault you are found to have in causing the accident (example: If you found to be 30% at fault for the accident, you may only recover 70% of the total cost of your injuries).
A: It depends on the location of the pothole, and whether it was created as a result of someone's negligence or created naturally. Generally, the longer the pothole has existed, and the larger the pothole, the greater the chance is that you have a case.
A: Since bicycle accidents are considered personal injury cases, the injured cyclist or surviving family has two years from the date of the accident to file a claim in California. However, if the at-fault party is a city bus or other government owned entity, you only have six months after the accident to file a claim.
Q: A motor vehicle driver didn't actually hit me, but their actions caused my accident and injuries. Can they still be held liable?
A: Yes. If a driver runs you off the road or forces you to take evasive maneuvers to avoid being hit by them, you may pursue a claim against them if you can prove them liable.
A: While we at the Jurewitz Law Group strongly recommend that all bicycle riders wear helmets, California law only requires children under the age of 18 to wear an approved helmet.
Q: If you don't have an attorney, the amount of your settlement will be left up to an insurance adjustor. Insurance adjusters work for the driver's insurance company, and it is their job to minimize the amount their company pays to accident victims. An attorney will work directly for you, to get you the best settlement possible.
A: By all means, NO! Never speak to an insurance adjuster, accept any recommendations from an insurance adjuster, or offer an insurance adjuster any information about your accident. Never speak with an adjuster before consulting an attorney.
A: Legally, yes, but we don't recommend it. Like physicians, lawyers usually limit their practices to a certain arena of law, such as patent law, real estate law, medical malpractice law, etc. To get the best results in your case, we recommend seeking the representation of an experienced San Diego bicycle accident attorney. Jurewitz Law Group can be reached at (888) 233-5020.
Call the Jurewitz Law Group at (619) 233-5020 and begin your path to recovery with a no-cost consultation today.