Lawyer specializing in traffic accidents, medical malpractice, and personal injury law (323) 856-1143 [This is an English translation using Google AI.]
Lawyer specializing in traffic accidents, medical malpractice, and personal injury law (323) 856-1143 [This is an English translation using Google AI.]
Pedestrian & bicycle accident
If a pedestrian or bicycle is hit by a car, the car's insurance will compensate for the damage suffered by the victim.
If the pedestrian or cyclist has automobile insurance, their automobile insurance may apply to some extent.
Additionally, if a family member of the pedestrian or cyclist has automobile insurance, they may be able to recover compensation for injuries sustained in a bicycle accident.
In particular, UM insurance covers you whether you are a pedestrian, a bicycle rider, a motorcycle rider, or a passerby.
If the person who injured you is uninsured or has less than adequate insurance, you may be entitled to compensation.
1. Report the accident to the police to document the facts of the accident.
2. Record all information about the driver and vehicle: name, address, phone number, driver's license number, insurance information, license plate number, and vehicle model and make.
3. Identify all witnesses and obtain their names and phone numbers.
4. If you have a cell phone camera, take as many pictures of the car and driver at the accident scene as possible.
5. Do not admit to wrongdoing or say sorry, and if there is an injury, seek immediate medical attention.
6. Do not make any statements to the insurance company, and contact a personal injury attorney as soon as possible.
1
Free on-site consultation
Richard Joo Attorney Free Consultation + On-site Consultation
2
Case Analysis
Identify the pros and cons of the case,
Advice on values and prospects
3
Hire a lawyer
Richard Zhu appointed as attorney
4
Open a claim with your insurance company
Notify the other driver's insurance company of the other driver's negligence , obtain and review police reports, interview witnesses, investigate the accident scene, and, if necessary , have an auto accident expert analyze the accident.
5
Client's hospital treatment completed
Medical opinion, medical records,
Obtain expert reports, etc. and prepare
for negotiations
6
Negotiation
For the best settlement amount
Negotiation with insurance companies
7
agreement
- Client's consent
- If an agreement cannot be reached due to reasons such as low compensation File a lawsuit
* It usually takes about 6 to 12 months from the date of the incident to reach an agreement.
Before filing a lawsuit, the attorney will analyze and explain to the client all the possible scenarios in case the case goes to trial, and will also explain in detail all the things the client may be curious about, and then the client will decide whether or not to file a lawsuit.
If you file a lawsuit, the trial date will be set approximately 12 to 18 months from the date the lawsuit is filed.
Please note that a settlement is possible at any time, even during the trial after filing a lawsuit.
* The above process is an example for a general case. For each case, we will analyze and proceed with the most appropriate procedure to achieve the maximum effect.
Q.
I've always been anxious about my husband riding his bike on busy roads, but
recently he was involved in a car accident while riding his bike on the road and was injured. We haven't been able to reach an agreement with the driver who caused the accident, so
we're currently preparing to file a lawsuit.
I'm curious about the appropriate response in case of a traffic accident while riding a bicycle and the laws regarding riding bicycles in the state.
A.
Under California's vehicle laws, bicycles are considered vehicles and therefore have the same rights and obligations as vehicles.
Bicycles are required to be ridden on roadways and must obey traffic signals.
Also, cycling in India has local laws in place in some states that prohibit it, so
you should check the local laws of the city you live in before riding a bike.
Riding a bicycle on India is legal unless local laws prohibit it.
If a bicycle is hit by a car, the vehicle's insurance will cover the damages suffered by the victim.
If the pedestrian or cyclist has automobile insurance, their automobile insurance may apply to some extent.
Additionally, if a family member of the pedestrian or cyclist has automobile insurance, they
may be able to recover compensation for injuries sustained in a bicycle accident.
In particular, UM insurance may cover you if the person who injured you is uninsured or has less than adequate insurance coverage, even if you were a pedestrian, a bicycle rider, a motorcyclist, or a passerby.
Because bicycle accidents with vehicles can result in serious injury, it is very important for all cyclists to know the laws of the road for bicycles .
First, when riding a bicycle on the road, always obey traffic signals and ride in the same direction as cars.
Second, you should walk your bicycle across busy intersections.
Third, you should not use headphones that cover both ears.
Fourth, when riding a bicycle at night, you should attach a headlight to the front and reflectors to the rear.
Finally , children under the age of 18 must wear a helmet, and all cyclists should wear appropriate safety equipment, such as brightly colored clothing, an approved bicycle helmet, and protective eyewear.
How to respond in case of a bicycle accident
Make sure to file a police report and get the contact information of any possible witnesses.
Record information about the drivers and vehicles involved in the accident.
For example, the driver's name and contact information, license number, insurance information, vehicle license plate number, vehicle make and model, etc.
Take pictures of the accident scene, damaged bike, car, and injured areas.
If you are injured, seek medical attention promptly.
If your injury is serious, consult a personal injury attorney about your case.
Q.
A while ago, I was hit by a car while crossing the street and suffered fractures to my arms and legs.
Of course, it was my fault for crossing the street where there was no crosswalk, but
I wish the driver who hit me had been more careful.
Will I be able to receive fair compensation from the driver who injured me?
A.
Accidents happen every day, and people suffer minor or major injuries or property damage.
When an accident occurs, people typically first think about “who was at fault in this accident?” However,
claims for damages that address this issue of “negligence” can be very tricky cases.
That's why it's so important to have an experienced negligence attorney handle negligence accidents to ensure you receive fair compensation that reflects the responsibility of both parties for your injuries .
The state allows for a comparative negligence system in accident cases where
the injured party is partially to blame for the accident,
but may still be compensated for some of the damages.
Therefore, an individual may sue a driver whose negligence may or may not have played a role in the accident.
However, the damages for the injury will be reduced by the percentage of negligence that contributed to the injury,
a situation often referred to as “apportionment of fault.”
For example, if you were to sue the other driver for $100,000 in damages in your case, the judge would be asked to determine
what percentage of the accident was caused by the pedestrian jaywalking and what percentage was caused by the driver's failure to avoid the pedestrian .
Let's say the jury finds that the pedestrian contributed to 70 percent of the accidents and the driver contributed to 30 percent of the accidents.
If the jury agrees that the damages are worth $100,000,
the pedestrian will only be able to recover $30,000 in damages. In conclusion, even
if the driver of a car is at fault or partially at fault in a pedestrian accident,
the driver’s auto insurance will usually cover the pedestrian’s medical expenses, pain and suffering, and loss of income.
However, as mentioned above, compensation for damages will be reduced by the percentage of fault that contributed to the damages.
Please note that if the driver does not have auto insurance, the pedestrian
may be entitled to compensation for medical expenses, pain and suffering, and loss of earnings from his or her uninsured motorist (UM) coverage.
RYC Law, P.C.
3435 Wilshire Blvd,
Ste 2510, Los Angeles,
CA 90010
Phone : (323) 856-1143
Fax : (323) 421-9329
Email: rchu@rchulaw.com
© RYC Law, P.C. All rights reserved.
RYC Law, P.C.
3435 Wilshire Blvd, Ste 2510
Los Angeles, CA 90010
© RYC Law, P.C. All rights reserved.
Phone : (323) 856-1143
Fax : (323) 421-9329
Email: rchu@rchulaw.com