In a bicycle versus bicycle accident in Stockton, the cyclist whose actions caused the crash should be liable for the damages. In most cases, their insurance provider will cover the damage costs incurred by the victim. However, this still depends on the circumstances of the crash.
If a bicycle hits you while riding your bike, this article can help you understand liability in such an accident and what to do to protect your legal rights.
What Are the Common Causes of Bike Versus Bike Accidents?
While less prevalent than bicycle versus car collisions, bike versus bike accidents can nevertheless happen and cause minor to severe injuries. One or both cyclists often violated a traffic law, resulting in a crash. However, other factors may cause such a collision, including:
- Like car accidents, many bike versus bike collisions occur at intersections when two riders fail to yield or misread each other’s movements.
- One bicycle may attempt to overtake another without leaving enough distance or communicating their intention, resulting in a collision.
- Similar to crossings, conflicts can emerge when one bicycle turns while another continues straight, potentially resulting in an accident if not stated appropriately.
- When cyclists ride closely together, collisions are more likely due to unexpected stops, swerving, or overlapping wheels.
- Failure to express intentions using hand signals or verbal cues can result in misunderstandings and accidents.
- Cyclists riding at significantly different speeds may fail to anticipate each other’s movements, resulting in crashes when one abruptly slows or accelerates.
- Inattentive riding, like driving, can lead to an accident. Riders may be distracted by their phones, other riders, or the environment, leading to crashes.
- Malfunctioning brakes, flat tires, or other equipment difficulties might cause a cyclist to lose control and collide with another cyclist.
- Poor road and weather conditions, such as potholes and wet roads, can cause cyclists to lose control and collide.
Similar to drivers, cyclists must ensure safety on the road. Cyclists should practice defensive riding, communicate properly using hand signals and verbal cues, follow traffic laws, and be aware of their surroundings.
Are Bike Accidents Dangerous?
Unlike vehicles, bicycles lack structural protection to absorb impact forces. Cyclists can be flung from their bikes on collision, resulting in more severe injuries. In some crashes, cyclists may even become trapped under vehicles or pinned against other objects,
Cyclists are especially vulnerable to brain injuries, which can be devastating or even fatal, especially if they do not wear a helmet. Due to this, bicycle accidents can result in catastrophic injuries and even death.
According to the Insurance Institute for Highway Safety, bicyclists account for around 2% of annual fatalities in motor vehicle accidents. Additionally, most bike deaths involve severe injuries to the head. According to the California Office of Traffic Safety, bicycle accidents in Stockton also caused 82 injured and killed victims in 2021.
Bicyclists should follow traffic regulations and safe riding techniques and wear the proper safety equipment, such as helmets, reflective clothing, and protective padding, to lessen the risk of injury. Furthermore, they can lower the chance of accidents by adequately maintaining their motorcycles and paying attention to their surroundings.
What to Do in a Bike VS Bike Accident
Bike versus bike accidents can cause catastrophic injuries if victims fail to follow the appropriate steps to ensure safety. As a result, they may need more treatments for injuries, reducing the settlement amount they may receive.
This is why it is crucial to follow the steps below to protect your well-being and legal rights:
- Examine yourself and the other involved parties for any injuries. Call emergency services and the Stockton Police Department if someone is hurt.
- To avoid more collisions or injuries, try to get yourself and your bike out of the path of oncoming traffic.
- Exchange information with the other cyclist, such as your contact and insurance details, phone numbers, addresses, and insurance information.
- Collect evidence at the accident scene, being sure to capture any damage to the bikes, any injuries, the state of the road, and any other pertinent information.
- Request the contact details of any witnesses to the accident, if any exist. Their testimony could help establish negligence.
- To learn more about your rights and alternatives for pursuing compensation if the accident caused severe injuries or damages, hire a bicycle accident lawyer in Stockton.
It is crucial to remain calm and cooperate. Do not confess to any wrongdoing or make any admissions that might be used against you later. After a bike accident, remember to put your safety and well-being first.
Can I File a Claim for a Bike Versus Bike Accident in Stockton?
If you find yourself in a bicycle versus bicycle accident in Stockton, you can file a claim against the other cyclist to recover damages. Remember that, similar to drivers, cyclists must ensure road safety. So, if a cyclist violates this and causes a crash, they may be liable for the damages.
Typically, they would utilize their insurance coverage to address the costs of damages. However, to receive compensation, you must establish that the cyclist’s actions directly led to the accident.
In personal injury law, demonstrating negligence involves proving several vital points:
- The responsible party had a duty to ensure road safety.
- They failed to fulfill this duty.
- This failure directly resulted in the accident.
- The accident caused injuries and damages.
Moreover, your ability to provide compelling evidence of the other party’s negligence is crucial in seeking compensation for damages. Necessary evidence may include:
- Photographs of the accident scene
- Surveillance or CCTV footage from nearby locations
- Official police reports
- Testimonies from witnesses, among other types of evidence.
Lawyer’s Tip: Insurance providers could question the validity of a witness’ testimony if you obtain it at the scene. It is best to collect the contact information of witnesses so lawyers can obtain their statements as the legal process progresses.
What Insurance Covers Bike Accidents?
Most victims of bicycle versus bicycle accidents avoid filing a claim, thinking no insurance will cover the damage costs. However, most cyclists have certain types of insurance policies that can cover the damage expenses of another cyclist, such as the following.
Homeowner’s or renter’s insurance
Homeowner’s or renter’s insurance offers financial protection for your home and personal belongings, including your bike. It typically includes:
- Coverage for personal property, such as your bike, furniture, and electronics.
- Personal liability coverage, which can pay for medical bills and property damage you’re responsible for.
- Additional living expenses coverage.
- Medical payment coverage, which can cover health expenses for injured parties regardless of fault.
While not mandatory in California, some cyclists may have this insurance. If you’re in a bike accident caused by another cyclist’s negligence, you should check if they have this insurance.
Uninsured or Underinsured Motorist Coverage
Your costs may be covered if an uninsured cyclist strikes you by using your uninsured motorist coverage. This policy can also cover the difference if the at-fault party’s insurance is insufficient.
Typically, UM/UIM can pay for the following damages:
- Medical bills resulting from the bike accident.
- Costs to repair or replace your bicycle.
Like homeowner’s or renter’s insurance, UM/UIM is not mandatory in California. This is why if you are a cyclist, it is best to obtain such coverage to protect yourself in case of a bike versus bike accident. This can also help you if an uninsured or hit-and-run driver hits you.
Health Insurance
Following a bicycle accident, you can use your health insurance to pay for emergency medical care. You can file a claim against the cyclist who caused the injury after you’ve recovered to get these expenses covered.
But exercise caution. You may be responsible for the difference if the at-fault driver’s insurance does not fully cover the costs.
After a bike versus bike accident, speaking with a bicycle accident lawyer in Stockton is highly recommended. They can assist you in obtaining the required care, determining the entire amount of damages, and investigating your claim’s legal prospects.
How Can an Accident Lawyer in Stockton Help Me?
Cyclists are more susceptible to significant injuries in a collision than vehicle occupants due to their lack of protection. If you suffer severe injuries from a bicycle versus bicycle accident, managing a claim can be challenging. This is because recovering from injuries leaves less time and energy to focus on proving your case.
Fortunately, a skilled bicycle accident lawyer in Stockton can gather evidence and establish liability to strengthen your case. They will:
- Collect evidence to support your claim.
- Determine who is responsible for the accident.
- Evaluate the full extent of your damages.
- Negotiate with insurance companies for fair compensation.
- Ensure compliance with legal deadlines and procedures.
- Represent you in court if necessary.
At Jacoby & Meyers, we are dedicated to helping accident victims achieve justice and access necessary medical care. Our team ensures you are well informed about your legal rights and receive fair compensation by:
- Maintaining clear communication throughout your case.
- Negotiating with insurance companies on your behalf.
- Coordinating appropriate medical treatments.
- Addressing concerns related to your accident.
- Protecting your rights by establishing liability and advocating for your claim.
We offer a free consultation to provide legal guidance. To explore your options, contact us at 800-500-0000.
Jacoby & Meyers. Because You Deserve Justice.
Hear From Our Past Clients
While numerous law firms may make comparable assertions, we can provide robust legal assistance to our clients. Consequently, we urge our past clients to share their positive experiences utilizing our legal services.
“I highly recommend this firm to anyone. The process could not have been easier, and they handled my case quickly. Also, they got me situated with all my medical needs to ensure my settlement was secured and my health, which is the most important. I am 100% satisfied with the service I was provided and would recommend to anyone.” – Christian.
Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- Bicycle Accident FAQs and Advice
- How Can Poor Bicycle Maintenance Affect A Traffic Accident?
- Who Can Be Held Liable For A Bicycle Accident?
- Can I Receive Compensation for an Accident Caused by an E-Bike Fire?
Works Cited
“OTS Crash Ranking Results.” California Office of Traffic Safety