Legal Process for Bicycle Accident Claims in San Diego

If you or a loved one has been injured in a bicycle crash caused by a negligent driver, you may be wondering what comes next—and how to navigate the legal system. At Hulburt Law Firm, we guide cyclists through the legal process with compassion and clarity. This blog outlines every major step in a San Diego bicycle accident claim, so you know what to expect and how to protect your rights.

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Step 1: Know the Filing Deadlines

California law imposes a strict statute of limitations on personal injury claims, including bicycle accidents:

• 2 years from the date of the accident to file a lawsuit against a private party (Code Civil Procedure § 335.1)
• 6 months to file a claim if a government entity is involved (e.g., unsafe road conditions or a city vehicle), under the California Tort Claims Act

Miss the deadline, and you may lose your right to seek compensation. Early legal consultation is crucial.

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Step 2: Evidence Collection

Evidence is the cornerstone of any successful claim. Right after a crash, key evidence includes:

• Police report
• Photos or videos of the scene
• Medical records documenting your injuries
• Witness contact information
• Damage to your bicycle and gear
• Surveillance or dash cam footage (if available)

Your attorney can help preserve time-sensitive evidence, issue subpoenas, and consult experts to strengthen your case.

“The truth is in the details. That’s why we work fast to gather and protect evidence from day one.”— Leslie Hulburt, Trial Attorney

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Step 3: Filing the Claim

Once evidence has been collected and your injuries are assessed, your attorney will:

• Draft a demand letter to the at-fault driver’s insurance company outlining liability and damages
• File a formal personal injury lawsuit if settlement talks stall or if the deadline is near

A complaint is filed in civil court and formally served to the defendant. This initiates the litigation process.

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Step 4: The Discovery Phase

After the lawsuit is filed, both parties exchange information during the discovery phase, which includes:

• Written discovery (interrogatories and document requests)
• Depositions (sworn testimony from you, the driver, witnesses, and experts)
• Medical evaluations and expert reports

This process helps clarify the facts and can be critical in resolving disputed liability or the extent of injuries.

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Step 5: Settlement Negotiations

Most bicycle accident cases settle before reaching trial. During negotiations, your attorney will:

• Present compelling evidence of negligence and damages
• Push back against lowball offers from insurance adjusters
• Calculate a fair value based on medical costs, lost wages, future care, pain and suffering, and more

If the insurer is unwilling to offer fair compensation, we’re fully prepared to proceed to court.

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Step 6: Trial (If Necessary)

If the case cannot be resolved through settlement, it proceeds to trial. At Hulburt Law Firm, we prepare every case as if it will go to court.

Trial includes:

• Jury selection
• Opening statements
• Presentation of evidence and witness testimony
• Cross-examinations
• Closing arguments and jury deliberation

While trials can be lengthy and complex, they often yield higher verdicts—especially when the defendant’s negligence is clear.

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Step 7: Receiving Compensation

If your claim is successful—either through settlement or trial—you may receive compensation for:

• Medical expenses (past and future)
• Lost income and reduced earning potential
• Pain, suffering, and emotional distress
• Property damage
• Loss of enjoyment of life

We work to ensure your recovery is comprehensive and that your long-term needs are factored into the resolution.

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Our Role: Advocates from Start to Finish

At Hulburt Law Firm, we know how to stand up to powerful insurance companies and build strong claims that reflect the full truth of your loss. Whether it’s a severe orthopedic injury, head trauma, or long-term disability, we fight to hold negligent drivers accountable—and help injured cyclists get the justice they deserve.

Contact Our San Diego Bicycle Accident Attorneys Today

If you’ve been hurt in a bicycle accident, don’t delay. Our attorneys, Conor and Leslie Hulburt, are here to guide you through every step of the legal process—from day one to final resolution.

Visit our San Diego Bicycle Accident Attorneys page to learn more or call 619-821-0500 today to speak with Conor or Leslie.

The Truth Demands Justice.

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Further Reading:

• Gathering Evidence After a Bicycle Accident
• Average Bicycle Accident Settlements in California