Cycling is a popular sport amongst exercise enthusiasts and commuters alike. Hopping into the saddle will let you tap into many different benefits, such as shrinking your carbon footprint, sidestepping California’s gridlock traffic, and getting fit. However, the activity isn’t without its negatives; namely, you could suffer catastrophic injuries if you’re struck by a motorist on the road. If you were hurt while riding, turn to our Granada Hills bicycle accident attorneys to discuss your options.

At HPIL, we can help you file a personal injury claim against the at-fault driver and represent you throughout proceedings. Dial 1-800-GO-HARRIS to speak to a member of our team. 

Common Reasons Bicycle Accident Claims Are Denied 

Success or failure in a bicycle accident claim can depend on a variety of factors. While many of these are out of your hands – especially once you’ve hired an attorney to oversee your case—there are some mistakes that could cost you a fair settlement. As such, you need to consider your actions carefully as even minor errors could lead to major disputes. 

Let’s look at a few reasons why your claim might be denied: 

• You Didn’t Seek Medical Treatment: Whether you delayed your diagnosis or skipped undergoing a medical assessment entirely, you should expect to face disputes from the insurer. For instance, they may argue that you failed in your duty to mitigate damages as a prompt diagnosis could have prevented some of the health complications you are experiencing. Alternatively, they might dispute the severity of your injuries, arguing that your condition can’t be very serious if you didn’t require urgent medical care.  

• You Posted about the Accident on Social Media: In an effort to find any evidence that could be used to challenge your credibility, the claims adjuster may monitor your online profiles. As such, if you wrote about the accident on social media, your comments could be used to dispute aspects of your case. For instance, if information in your post contradicts other evidence in your case, the insurer may be able to use your online activity against you. Alternatively, any images you upload after the accident could also become ammunition in the hands of the insurer. In most situations, it’s best to deactivate your accounts for the duration of proceedings. 

• You Deviated from Your Treatment Plan: As a claimant, you have a duty to take reasonable steps to mitigate further damages. As such, if your actions or inaction exacerbate your injuries in any way, you could be held liable for some of your losses. From the moment you’ve received your diagnosis until the day you’ve achieved maximum medical improvement, you should always follow your doctor’s orders. Any signs that you went against these instructions could be used to assert that you failed in your responsibility to mitigate your losses. 

What Evidence Can Help Strengthen My Bicycle Accident Claim? 

Strong evidence is an essential component of any convincing personal injury case. Without it, the insurer may have room to dispute your case, potentially leading to the denial of your claim. While the necessary evidence can vary drastically from one case to the next, there are some types of proof that will probably make an appearance during proceedings, such as:  

• Eyewitness Statements: If someone else saw the collision happen, their deposition or testimony could help corroborate your version of events. Additionally, if someone noticed the at-fault motorist behaving negligently or recklessly in the moments before the wreck, their statements could also help you prove liability. You should write down the names and contact details of any eyewitnesses to share with your lawyer during the initial consultation. 

• Surveillance Camera Footage: Videos of the accident could help strengthen your claim as they can make it clear who was responsible for causing the collision. As such, if you noticed any surveillance cameras near the accident scene—or someone captured footage of the incident on their vehicle’s dashcam—you should take steps to obtain these files while they are still available.  

• The Official Accident Report: Police officers will usually compile an official report after investigating an accident. In addition to the time, date, and location of the wreck, this document may also include the officers’ own observations. For instance, if the at-fault driver appeared to be fatigued, the investigating officer may have noted this down in the official report. 

• Photographs of the Accident Scene: If you are physically able to do so, you should use your phone to document the accident. Take pictures of the vehicles involved, your bike, your injuries, road markings, street signs, and other elements that could help you prove liability and connect your condition to the incident. Your attorney may be able to use these images to piece together what happened in the moments leading up to the collision. 

Speak to a Bicycle Accident Attorney in Granada Hills Today 

Were you injured while cycling? Turn to the legal at HPIL to find out how you could recover compensation for your medical bills, lost income, and other damages. Contact us today at 1-800-GO-HARRIS or head over to our Contact Page to lock in a free case assessment.