Cycling is becoming more popular, whether for enjoyment, to improve your health, or to minimize the number of automobiles on the road. This is notably true in big cities in the United States, where many have implemented bicycle-sharing schemes to ease traffic congestion in city centers. Bicycle accidents are on the rise as a result of this increased usage. Some bike collisions might result in severe damage or even death. If you have suffered severe injuries or losses due to a bike accident, it is critical that you understand your rights and when to seek legal help.
Bicycles and automobiles are expected to coexist on the road. Bicycle lanes are now available in several states and large cities mainly intended to keep bicycles safe while sharing the road with motor vehicles. Drivers and bicycles are required to keep equal alertness of one another if this is not the case. That isn’t to say that mishaps don’t occur. Many motorists are unfamiliar with sharing the road with bikers.
A bike collision can cause injuries that vary from minor to serious. The most serious injuries are those to the head, which can result in death or long-term paralysis. If you are knocked off by a car while riding a bicycle, you should contact a personal injury attorney as quickly as possible for compensation.
An expert bicycle accident attorney can help you defend your legal rights and collect compensation for your injuries and losses if you are knocked off in a bicycle accident. A bike accident lawyer will begin by reviewing the circumstances of your case under the accident law after you have contacted them. They will quiz you about your injury and know more about its effects on your life. Personal injury lawyers are taught to listen for precise details to help them establish your case. Your attorney will want to know a few details before initiating a bicycle accident lawsuit.
a) Who is to blame for the crash, and who caused it?
b) The injuries you sustained, as well as additional losses, such as property damage.
c) All of the ways that the accident impacted or altered your life, including injuries, lost pay, and pain and suffering.
d) The costs of your injuries are documented. (amounts spent on medical care now and in the future)
e) The accident will be covered by your and the other party’s insurance policy.
f) Whether or not witness testimonies or photographs of the accident scene were taken.
Following that, your bicycle accident lawyer will begin investigating your case. The attorney and their team will finish at least some, if not all, of the inquiry, but if more information is needed, an expert will be called in. Returning to the accident location, obtaining medical records and crash reports from authorities, photographing your damages, and interviewing witnesses are all part of the inquiry.
After assembling all the information, your attorney will submit a demand letter to the insurance company to begin settlement talks. The demand letter is a formal document that contains information on the accident and the number of damages you are seeking to be compensated for your injuries and losses.
In most places, the injured victim in a car accident can sue the at-fault motorist for compensation for their injuries and losses. A bike accident lawyer will seek to establish that the irresponsible motorist is to blame for your injuries and damages because they disobeyed the road laws or acted recklessly, resulting in a collision.
Your lawyer will help you collect bike accident settlements, both monetary and non-monetary damages due to your accident. Medical expenses and treatments, both present and future, wage loss or loss of earning potential, and property damage are all examples of economic losses. Non-economic losses include things like pain and suffering and emotional agony caused by the disaster.
It’s easy for someone who isn’t a biker to dismiss your bicycle as “just a bike.” However, any seasoned biker is aware that bicycles come at a wide variety of prices. Insurance adjusters aren’t often well-versed in bicycle assessments, so the amount of your damage might be dramatically reduced. It’s much worse if the adjuster suggests fixing your bike because bicycles that have been involved in a vehicle accident may seldom be returned to their original state. Your lawyer will work to ensure that you are fairly compensated for the loss of your bicycle. Calculating a reasonable compensation for injuries, especially those with long-term consequences.
Liability of cyclist
Before a cyclist may be compensated, he must demonstrate that the accident was caused by someone else. Simply because someone has been injured does not mean that someone else should be held liable.
The conditions determine whether or not a party is responsible.
If another rider was not paying attention when they collided with the victim, the other cyclist might be the defending party. The city might be liable for the accident if the sidewalk was torn up because potholes were not repaired after a winter frost heave. A driver may be held liable if he/she collides with the biker.
Negligence is the legal criterion used to determine who was responsible for the accident. This signifies that someone’s duty of care fell below a reasonable level, resulting in harm to the victim and hence is liable for accident claims.
A cyclist may be judged partially accountable for an accident in particular circumstances. This is considered in most jurisdictions by reducing the amount of any settlement or award by the court’s percentage of blame placed on the cyclist for his injuries.
Contributory negligence has been mainly repealed since it is regarded as far too harsh; if a plaintiff is found to be even 1% at fault for his injuries, he cannot recover any damages. However, this common law norm is still followed in a few jurisdictions.
Contacting a personal injury attorney if you’ve been knocked off in a bike accident might be incredibly beneficial. They can give instant support in ways you may not have considered, as well as assist in the protection of your legal rights.
The statute of limitations in many states is less than three years from the date of the accident, so you may only have a limited amount of time to make a claim. A personal injury lawyer can tell you how long you have to file, whether your state has damage limitations, and how much money you are entitled to receive.
Ovadia Law Group‘s injury attorneys can help you whether you’ve been injured in a bicycle accident or another kind of disaster. If you need a lawyer in your region, please contact us at 1-800-674-9396 for a free consultation.
As a consequence of an accident, we will guide you through the legal system and provide you with a free consultation with a competent and skilled lawyer. Please contact us if you have any questions.
