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Seeking Advice after Bicycle Accident

My 24-year-old son was injured in a bicycle accident when he was hit by a car in Santa Monica. I live out-of-state and I am worried about him. I think he should see a doctor and shouldn't talk to the driver’s insurance company. Does he need a lawyer?

- JM, California

Answer:

I absolutely recommend that your son consult with a personal injury attorney about the accident. If he was injured and the accident was the fault of the driver, your son needs to learn about his rights. The sooner he speaks to a personal injury attorney, the better.

Here are the preliminary questions I would ask your son:

  • Date, time and location of the accident
  • How did the accident happen?
  • If there is any possibility that the driver will try to place blame on you: are there any video surveillance cameras near the location of the accident that may have recorded the accident?
  • Any witnesses?
  • What are your injuries?
  • Have you taken any photos of your injuries or the location of the accident?
  • Have you seen a doctor yet? Who? What is the doctor recommending?
  • Do you need a referral to a doctor?
  • Contact information on the driver and his/her insurance company
  • Information about any damage to your bicycle

Your son should not speak with the driver's insurance adjuster. The adjuster will try to get a recorded statement from your son, which will not be to your son's advantage.

If he has not already received medical treatment for his injuries, I recommend that your son see a doctor as soon as possible. Any gap between the date of the accident and the first date of treatment will be used against your son by the insurance adjuster, who will argue that if he were really hurt, he would have treated sooner.

Your son is welcome to call our firm for a free consultation.



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