Accidents involving cyclists can be traumatic for everyone involved. If you've hit a cyclist with your car, you're likely feeling shocked, concerned, and unsure about what to do next. At Vaziri Law, we understand the stress and confusion that follows such incidents. We're here to walk you through the legal landscape, safeguard your rights, and clarify your obligations.

This guide outlines the steps to take immediately after an accident with a cyclist, the potential legal consequences, and how our experienced team at Vaziri Law can support you during this difficult time.

Immediate Steps to Take After Hitting a Cyclist

The moments following an accident with a cyclist are critical. Your actions during this time can affect both the cyclist's well-being and your legal standing. While it's natural to feel overwhelmed, following these steps can help you handle the situation appropriately.

Stop Immediately

If you hit a cyclist with your car, you must stop right away. Leaving the accident scene is not only morally wrong but also illegal. In California, fleeing from an accident that results in injury is a serious offense that can lead to hefty fines and even imprisonment. The severity of these penalties increases if the cyclist sustains serious injuries.

Stopping allows you to assess the situation and provide needed assistance, which can significantly improve the cyclist's outcome.

Check on the Cyclist

Once you've stopped, check on the cyclist's condition. Ask if they're okay and what hurts. Even if the cyclist claims to be fine, remember that adrenaline can mask pain and injuries. Some serious injuries, like concussions or internal bleeding, might not be immediately apparent.

Do not attempt to move an injured cyclist unless there is an urgent threat to their safety, as doing so might aggravate their condition. If a cyclist is found unconscious or with serious injuries, dial 911 right away and adhere to the instructions provided by the emergency operator.

Call the Police

Always call the police after hitting a cyclist, even if the injuries seem minor. The officers on the scene will draft a police report, serving as the official documentation of the incident. This report will encompass accident specifics and testimonies from involved parties and may include the officer's determination of responsibility.

The police report becomes valuable evidence for insurance claims and potential lawsuits. It offers an impartial narrative of the events, which can protect you if there are later disputes about the accident.

Exchange Information

While you wait for the police, share information with the cyclist. Collect their name, contact details, and insurance information. If possible, take a photo of their ID for accuracy.

Be sure to share your information as well, including your name, contact details, insurance company, and policy number. If there are witnesses, get their contact information, too, as their statements could be crucial if the cyclist decides to pursue legal action.

Document the Scene

Capture images of the accident site, showing the location of your vehicle, including the position of your car and the bicycle, and any visible damages to both vehicles and the surrounding area. Note road conditions, weather, time of day, and any relevant traffic signs or signals.

These details can help establish what happened and who might be at fault. For instance, pictures showing a cyclist outside the bike lane or running a red light could be important evidence in determining liability.

Notify Your Insurance

Contact your insurance company as soon as possible after the accident. Most policies require prompt reporting of accidents, and failing to do so might affect your coverage.

Be honest about what happened, but stick to the facts. Your insurer will walk you through their claims procedure and might appoint an adjuster to look into the accident.

Legal Consequences of Hitting a Cyclist

If your vehicle hits a cyclist, the legal repercussions can vary based on the accident's specifics and the extent of the cyclist's injuries. Understanding these potential consequences can help you prepare for what lies ahead.

Traffic Citations

Even if the accident was unintentional, you might receive traffic citations if you violated traffic laws that contributed to the accident. Common citations include failure to yield the right of way, speeding, running a stop sign, or texting while driving.

These violations frequently lead to penalties and demerit points on your driving record, potentially raising your insurance costs. If you believe the citation is unjustified, we can help you contest it in traffic court.

Criminal Charges

In more serious cases, especially those involving reckless behavior or severe injuries, you might face criminal charges. These can include:

• Reckless driving: If you were driving in a manner that showed willful disregard for safety.

• DUI: At the time of the incident, if you were affected by alcohol or drugs.

• Vehicular manslaughter: In the tragic event that the cyclist dies, your negligence contributed to the accident.

Criminal charges can result in substantial fines, license suspension, and even jail time. If you're facing such charges, it's crucial to secure legal representation immediately.

Civil Liability

Regardless of traffic citations or criminal charges, you may also face civil liability if the cyclist decides to sue for damages. Civil liability generally centers on the idea of negligence, which involves not exercising adequate care while operating a vehicle.

If found negligent, you could be responsible for compensating the cyclist for their medical expenses, lost wages, pain and suffering, and other damages. Your insurance may cover some or all of these costs up to your policy limits.

We at Vaziri Law can represent you in civil cases, working to minimize your liability or negotiate fair settlements when appropriate.

Key Hazardous Areas for Cyclists: Where Drivers Must Be Cautious

Understanding where bicycle accidents commonly occur can help you be more vigilant and prevent future accidents. Here are some high-risk areas that require extra attention when driving.

Intersections

Intersections are particularly dangerous for cyclists because they involve multiple vehicles moving in different directions. Many accidents happen when drivers make right turns and fail to check for cyclists in bike lanes or on the right side of the road.

When approaching an intersection, always check your mirrors and blind spots for cyclists. Signal your intentions early, and yield the right of way when required by traffic laws. Remember that cyclists may be moving faster than you expect, so give them plenty of space and time.

Bike Lanes

Bike lanes are designed to provide cyclists with safe passage, but they become dangerous when drivers intrude on this space. Never drive, park, or stop in bike lanes unless absolutely necessary, such as when making a right turn.

Before crossing a bike lane, check for approaching cyclists. When turning right across a bike lane, signal early and look over your shoulder to check for cyclists who might be in your blind spot.

Parked Cars

"Dooring" incidents occur when a driver or passenger swings open a car door, obstructing the path of a cyclist approaching from behind. Such incidents can lead to severe injuries for cyclists, potentially ejecting them from their bicycles or propelling them into.

To prevent dooring, practice the "Dutch Reach" technique: open the door with your far hand (the hand opposite the door). This forces you to turn your body and look over your shoulder for approaching cyclists.

Busy Urban Streets

Urban streets present multiple challenges for both drivers and cyclists. With pedestrians, parked cars, and various distractions, it's easy to overlook a cyclist sharing the road.

Drive slowly in urban areas, stay focused, and avoid distractions like cell phones. When passing cyclists, give them at least three feet of space, and be patient if road conditions don't allow safe passing.

Rural Roads

Rural roads might seem safer due to less traffic, but they present their own risks. Higher speed limits, narrow shoulders, and limited lighting can make it difficult to spot cyclists, especially at dawn, dusk, or night.

On rural roads, be particularly cautious around curves and hills where visibility is limited. Slow down when passing cyclists, and if possible, change lanes to give them plenty of space.

Potential Damages a Cyclist Can Claim

If a cyclist is struck by your vehicle, they might pursue compensation for different kinds of damages by filing an insurance claim or initiating a lawsuit. Understanding these potential claims can help you prepare for the legal process ahead.

Economic Damages

Economic damages are quantifiable financial losses that the cyclist incurs as a result of the accident. These typically include:

• Medical expenses: This includes all expenses associated with treating the cyclist's injuries, from emergency room visits to follow-up care, rehabilitation, and future medical expenses related to the accident.

• Lost wages: Cyclists who are unable to attend work because of their injuries may be entitled to compensation for their lost income. This can also cover reduced earning potential if their injuries have a long-term impact on their capacity to work.

• Property damage: This includes fixing or replacing the bicycle, helmet, clothing, electronic devices, or any other personal property damaged in the accident.

These damages are usually straightforward to calculate based on bills, receipts, and employment records.

Non-Economic Damages

Non-economic damages are subjective, non-financial losses that affect the cyclist's quality of life. These can include:

• Pain and suffering: Injuries can lead to both immediate and persistent physical pain and discomfort.

• Emotional distress: The accident led to psychological consequences, including anxiety, depression, and post-traumatic stress disorder.

• Loss of enjoyment of life: Compensation for the cyclist's inability to enjoy hobbies, exercise, or other activities they participated in before the accident.

Because these damages don't have clear dollar values, they're often calculated based on the severity and permanence of the injuries and their impact on the cyclist's life.

Punitive Damages

In rare cases involving extreme recklessness or intentional harm, the court may award punitive damages. Unlike compensatory damages (economic and non-economic), punitive damages are intended to penalize the offender and discourage comparable actions moving forward.

Punitive damages are not common in typical accident cases but might be considered if you were driving under the influence, significantly exceeding the speed limit, or otherwise showing extreme disregard for safety.

What Happens if a Cyclist Pursues Legal Action?

If a bicycle collides with your car and the cyclist pursues legal action, knowing what to expect can ease the stress. At Vaziri Law, we're here to guide you through this process.

If a cyclist files a personal injury lawsuit, your insurance company usually provides a lawyer, but only up to your policy limits. If damages exceed your coverage, you may need your legal representatives to protect your interests, especially if the injured party claims significant medical bills.

The process begins with a complaint and is followed by the discovery phase. Both sides collect evidence, such as physical evidence from the accident scene, witness statements, and medical records. They may also review traffic controls, such as yield signs or traffic signals, to determine if any violations occurred.

Many cases are settled before trial. Factors like the cyclist's injuries, whether they were wearing visible clothing, or if hand signals were used can influence the outcome. If a settlement isn't achieved, the case proceeds to trial, where a judge or jury determines liability and assesses the damages to be awarded.

At Vaziri Law, we help you with these challenges, whether it's claims of distracted driving or disputes over liability. Our bicycle accident attorney ensures the best possible outcome for you.

Timeline for Filing a Lawsuit

In California, individuals typically have a two-year window from the date of an accident to file personal injury claims, including those related to bicycle incidents.

If the cyclist is filing a claim against a government entity (for instance, if you were driving a government vehicle), they must file an administrative claim within six months.

The legal process can be lengthy, sometimes taking months or even years to resolve, especially if the case goes to trial. Throughout this process, we at Vaziri Law will keep you informed and represent your interests at every stage.

Why You Need a Bicycle Accident Lawyer When You Hit a Cyclist

Hitting a cyclist can leave you feeling overwhelmed. At Vaziri Law, we know how important it is to protect your rights and handle the legal process carefully.

We have years of experience helping car drivers in cases where a cyclist is involved. We gather evidence, review factors like bicycle lane usage or traffic violations, and work to ensure you're not held liable unfairly. Our team negotiates with the other party and their insurance to seek fair outcomes.

Without a lawyer, you risk being found responsible for more than you should. Allow us to take care of the legal intricacies so you can concentrate on moving forward. Drive safely, and trust us to protect your interests.

Contact a Los Angeles Bicycle Accident Attorney for a Free Case Evaluation

If you've hit a cyclist with your car, don't face the legal challenges alone. At Vaziri Law, we offer compassionate, expert legal support to guide you through this difficult time.

Our team of experienced personal injury attorneys will evaluate your case, explain your options, and develop a strategy tailored to your specific situation. We understand the stress and uncertainty you're feeling, and we're committed to achieving the best possible outcome for you.

Contact us today for a free case evaluation. Let us help you understand your rights and responsibilities so you can make informed decisions about your next steps.