Are you a cyclist and have you been in a collision?
As experts in claiming compensation for cyclists and bicycles, it is important to know that in this type of traffic accident, which occurs daily both on the road and on urban streets, the victims are entitled to compensation, the victim being the injured party him/herself or relatives in case of death of the cyclist.
If the accident is caused by a vehicle such as a car, van, lorry, bus or motorcycle, in addition to filing the corresponding police report, requesting the health report in the emergency room and having some witnesses, it is of great help to provide all kinds of evidence available, such as photographs or videos recorded on a mobile phone or by cameras located at the place of the accident.
The insurance company of the vehicle that perpetrated the cyclist’s accident is responsible for compensation for all expenses incurred as a result of the accident, for material damages (bicycle, helmet, clothing), as well as compensation for personal damages caused to the cyclist and/or family.
In the case of a bicycle collision that is caused by another cyclist or electric scooter, it is the latter who has to deal with his/her insurance, for example, civil liability, compensation, just as if he/she were driving a motor vehicle. Some home insurance policies include liability that covers these situations.
To calculate the compensation for cyclist collisions, several variables must be considered (injuries, material damages, sequelae, etc.). Therefore, if the injured party wishes to obtain the maximum compensation, it is advisable to consult an expert lawyer who is fully independent and has no link with the insurance companies. At Onandia Abogados we can calculate your compensation with no commitment and take care of the claim for free, in 100% of cases we get more compensation than the insurance offers!
Types of cyclist collisions
Cyclist or bicycle collision with a car or vehicle
If a cyclist is hit by a car, the main thing, as in any other accident, is to establish who is responsible.
This is important because that possible compensation to which you are likely entitled is at stake. As we have already mentioned, collecting all possible evidence, requesting police and health assistance and collecting witnesses’ details will be essential in the event of a dispute.
Assuming that the cyclist complied with the traffic regulations on the day of the collision, it will be necessary to prove that the car driver caused the collision due to some type of negligence.
Normally, this negligence is due to recklessness or carelessness, which does not mean that the person intended to cause harm. At other times, it may be a drunk driver, speeding, improper use of a mobile phone or malpractice.
Steps you will have to take after the accident
Monitor your medical progress and ensure that the doctor notes any worsening or discomfort caused by the accident in the report.
Assess the material damage by taking photographs of the bicycle and the damaged equipment, and ask the workshop for a detailed estimate of damage and repair cost.
Request the police report.
You should also contact a specialised collision lawyer from the beginning.
Bicyclist collision with electric scooter
This is a situation that is actually quite common. In fact, it occurs quite frequently, since both vehicles, bicycles and VMPs, use the same areas quite frequently.
Slowly, municipalities are starting to require personal mobility vehicle rental companies to take out civil liability insurance; however, private owners are still not required to do so. Only in some cities such as Benidorm, Alicante and Barcelona is it mandatory.
What happens if a cyclist is hit by an electric scooter?
The steps to take are the same as in any other vehicle collision:
Call the emergency department to get the police and emergency services. It is important that the statement includes the damage that can be seen with the naked eye on the bicycle and equipment, and in the health report, the injuries that can be seen in a first clinical assessment.
In some cases, the perpetrator of the accident flees the scene, which is why the role of witnesses is crucial, including their collaboration to collect the main details of that person: name, surname, telephone and insurance company, if they have one.
It is very likely that the owner of the scooter does not have insurance. Once again, we emphasise the importance of taking out insurance for these personal mobility vehicles, especially if used often to go to work, to school/university, etc. In this way, the insurer can cover compensation for third parties if they are involved in an accident, either with another vehicle or with a pedestrian. An alternative may be home insurance, as some include family liability clauses.
Witnesses are key in this type of incident. Try to get their details, if the police have not already done so.
To initiate the claim and get the maximum compensation, we recommend contacting an expert accident lawyer.
Remember that your bicycle and bicycle collision lawyer can help you get the compensation that really belongs to you and prevent many headaches.
A specialist collision lawyer is the only person who will be able to properly counsel you and guide you through the steps to follow in the medical and legal proceedings so that you get the greatest compensation.
The first thing you should do is call the police to prepare a certificate that will prove that the driver is at fault to give to your insurer.
If you are in a collision it is also important to contact eyewitnesses since their statement is often key in determining who is at fault for the accident.
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