In a perfect world, the only danger cyclists face would be from pushing themselves too hard. Unfortunately, poorly maintained roads, negligent drivers, and defective bikes can and do injure cyclists.
If you are in California and have legal questions or need to talk to a lawyer, contact Paceline Law for assistance. Below is an outline of things to know to protect yourself while riding.
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Dangerous Road Conditions
If you crash due to a pothole or road defect, report it to the city government right away.
If you want to make a claim against the city for damages, there is a six-month window to do so. But even if you don’t intend to make a claim for damages, reporting the problem to the city can help get the road fixed or repaired more quickly.
Governments have limited budget and time, and bike advocates working in government can use your report of a crash to show that this road defect needs immediate attention.
Filing a lawsuit against the government for your injury or property damage requires showing that the city knew, or should have known, about the pothole or road defect. So, if the issue has never been reported, then the city may have a valid defense. Pay it forward to the cycling community by reporting dangerous conditions as soon as you see them.
To report a pothole or dangerous road condition, download ClickFix or reach out to your local bike coalition for resources.
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Dangerous Drivers
If you are the victim of a car collision and are injured, seek medical attention and call the police immediately. If you are able, take out your phone and start documenting everything. If you are part of a group ride where another rider is injured, take out your phone and document everything. Getting a license, plate, and insurance of the driver responsible for the collision will be crucial to filing an insurance claim.
You have two years to complete your claim, so there is no rush to settle with the insurer. They will try to put pressure on you to accept their offer, but talking to a lawyer can help put you in a place to know your rights.
Get medical help
Getting checked out by a doctor right away is smart to make sure there are no serious injuries going undetected. Insurance companies will believe that if you don’t go to the doctor, you must not be injured. So, even for relatively minor complaints, it is smart to go to your primary care doctor to document your injuries. For serious issues, addressing problems quickly can prevent them from becoming worse.
Take pictures
The camera doesn’t lie. Sometimes drivers do. Taking photos at the scene of the collision helps prove what happened and how it happened. If you need to fight your case later in court, having pictures will make your case stronger.
Talk to a lawyer
Even if you don’t need to hire a lawyer, talking to one for advice will help get you going in the right direction and avoid making mistakes. The insurance company of the driver is not on your side and will try and do everything they can to avoid paying for your damaged bike or medical bills. Paceline Law provides free consultations and advice to cyclists in need and responds to texts at 510.735.6804.
Don’t fix your bike on your own
Unless the damage is so minor you don’t intend to make a claim, take your bike to a shop to get checked out. If you fix your bike yourself, the insurance company may claim it was not damaged, but having a written estimate for damage by a bike shop serves as evidence of the cost of repairs.
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Insurance For Cyclists
Having insurance is a good way to protect yourself from injury and damage to your bike. Health insurance and uninsured motorist insurance are the best ways to make sure you won’t be on the hook for those costs.
Health Insurance
Having health insurance is the best way to protect yourself against surprise medical bills. Even with insurance, healthcare can be costly. Even if it’s not your fault, use your insurance the same way you would in any other injury, but make sure to keep your receipts so that you can be reimbursed for your costs.
Uninsured Motorist Insurance
Uninsured motorist or underinsured motorist coverage (“UIM”) is a part of California car insurance policies (unless you expressly waive it) and it’s the best protection a cyclist can have. Many cyclists don’t know that their auto insurance covers them while on their bike in the event of a collision with a car that is uninsured or underinsured. California law requires that drivers be insured, but the minimum legal limit is only $15,000. If you’re badly injured, then your medical costs can quickly exceed the driver’s coverage.
Having at least $100,000 in UIM coverage can provide cyclists with protection against the worst-case scenario. You can even get UIM insurance without owning a car.
Car insurance without a car
Even if you don’t have a car, getting UIM coverage is a good idea. Most auto insurers offer what is called a “non-owner operator” policy. These are insurance plans that provide the benefits of car insurance, especially UIM, to people who don’t own a car.
The good news is that these plans are typically much cheaper as well.
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Dangerous Bikes
Bicycle manufacturers and bike shops are only human; they can make mistakes. A defective bike or component may go undetected until it’s too late and the malfunction causes an injury. Cycling can be an inherently dangerous activity, but bikes should work for the type of riding they’re designed for.
If you believe you were injured due to a defective bike, reach out to a lawyer to investigate the issue.