Your first priority should be to see a doctor for your injuries. Whether or not you have a legal case is irrelevant in terms of getting diagnosed and treated. Shoulder and knee problems are not unusual from this type of accident.
From your description, the person that opened their door is most likely at fault. That person had a duty to be cautious when opening his door and breached that duty by opening his door into oncoming traffic (i.e. you).
You should definitely hire an attorney to represent you. Personal injury attorneys in Los Angeles work on a contingency fee basis which means that we get paid a percentage of the final settlement or judgment. You do not have to pay up front.
My office handles auto vs. bicycle cases but whether you contact me or someone else, you definitely need a consultation and representation.
You should hire an attorney in the area. A local attorney will be able to advise you whether the driver had an obligation to first look, even though there was no bike lane.
This should not be construed as legal advice or the making of an attorney-client relationship. this information is purely for informational purposes and should be treated as such.
You have received good advice here, but one further point may be important: you may receive a letter from the insurance company that telephoned you. Do not respond to any such letter, and don't give the company any further information by phone, until you have consulted with an attorney.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
The person who opened their door into you is legally at fault for the accident. It's common not to notice your injuries immediately following the accident, as often times, injuries take hours or days to fully manifest. Going to a doctor is the right first step--both for your personal health and from the standpoint of initiating legal action. You need to document your treatment and be diligent in making your appointments.
An attorney can assist you in many aspects of your claim. At my office, for example, we refer our clients who do not have insurance to medical providers who are willing to see patients with personal injury claims on a lien basis. We prepare a comprehensive analysis of your medical specials, general pain and suffering and projected future medical expenses. We also run comparisons of jury awards and settlements in cases where the plaintiff suffered similar injuries. Feel free to contact me with any questions.
Disclaimer: This answer does not constitute legal advice. I am admitted in the state of California only and make no attempt to opine on matters of law that are not relevant to that state. This advice is based on general principles of law that may or may not relate to your specific situation. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. http://www.johnphillipslaw.com http://www.thecaliforniainjuryblog.com
Without question, you should assert your rights to medical treatment and financial redress. You have been injured by someone else, and they have paid for insurance that covers your injuries. Common sense and fairness say that you should avail yourself of the resources at your disposal and make the claim. Your problem is that making an insurance claim is like exploring an unfamiliar jungle. And whenever you go exploring in an unfamiliar jungle, you should bring a guide! We are that guide. We are familiar with insurance claims because before I became a plaintiff's lawyer, I was an insurance company lawyer! Now, my practice is dedicated to helping people just like you, and you won't pay any fees unless we win your case. Click the link below for more information.
Answering your question does not make me your lawyer. No attorney-client relationship is created until we enter into a written agreement signed by both you and I.
First thing is to get treatment on your knee and shoulder; you will probably need a referral to an Orthopedic to look at that knee and shoulder. Secondly, retain a lawyer licensed in CA. Otherwise the insurance company will never fully compesate you. Lastly, do NOT disclose any information to the other person’s insurance company before you have a proper diagnosis.
If you have any questions feel free to contact my law firm.