Answers to the 10 Most Asked Bicycle Accident FAQ's

• Prioritize Safety: Move to a safe area out of harm’s way if you can.

• Stay Calm and check for Injuries: Examine your head and helmet for signs of injury, as head trauma can be serious even without direct impact. 

• Call 911 if you are injured: If you are unable to call yourself, ask a bystander or the other party to call for you. 

• Remain at the Scene and File a Police Report: It's vital to remain at the accident scene, fulfilling legal obligations and providing the information needed for a police report. 

• Exchange Information: Exchange contact information with other involved parties and any witnesses. include names, contact details, driver’s license, and insurance information. 

• Document the Scene: Take photos capturing vehicles, damages, injuries, and road conditions.

• Avoid Extended conversations or Negotiations with the Other party or Insurance Companies: NEVER ADMIT FAULT OR PARTIAL FAULT. Contact a specialized bicycle accident attorney for legal advice. Refrain from communicating with insurance companies directly, as they might not represent your best interests.

• Preserve Evidence: Preserve all evidence in its post-accident state, including damaged clothing and your bicycle. Do not throw away or repair damaged items as they may be required as proof in a claim.

• Seek Medical Attention for Your Injuries No Matter How Minor the Crash: Regardless of the crash's severity, seek medical attention as soon as possible, as some injuries may not be immediately apparent. Follow all medical advice and keep detailed records of treatments and expenses incurred due to the accident. This documentation will be crucial for insurance claims and potential legal proceedings.

Related Article: The 15 Important Steps to Take After a Bicycle Accident/Crash

Researching and selecting a bicycle accident attorney before an incident occurs is a prudent step for cyclists, especially those frequently riding on public roads where the risk of accidents is much higher. In the unfortunate event of a crash, dealing with injuries or being hospitalized can make it challenging to research legal options and understand one’s rights effectively. This situation is further compounded by the stress and trauma associated with accidents.

By proactively interviewing and selecting a bicycle accident attorney, cyclists can ensure they have immediate access to expert legal advice and representation, should the need arise. This preparation not only streamlines the process of seeking legal assistance in the aftermath of an accident but also provides peace of mind to both the cyclist and their loved ones. This foresight ensures that cyclists can focus on their recovery, confident that their legal rights and interests are protected.

Related article: Why You Should Quickly Hire a Bicycle Accident Lawyer

Bicycle accident attorneys typically operate on a contingency fee basis, meaning their payment is contingent upon winning the case or securing a settlement. Under this arrangement, attorneys usually charge a percentage of the compensation awarded, typically ranging from 33% to 45%. This fee structure benefits clients as it requires no upfront payments, ensuring that legal representation is accessible regardless of financial status. However, it's important to understand all terms of the agreement and the fee structure in detail before choosing an attorney.

Related article: How Do Fees for Bicycle Accident Lawyers Work?

When determining if you have a bicycle accident case, several key factors must be considered. First, it is essential to establish the presence of negligence. Negligence occurs when someone fails to exercise the care that a reasonably prudent person would in similar circumstances. In the context of a bicycle accident, this could mean a driver not paying attention, disobeying traffic laws, or driving under the influence, among other scenarios. If another party's negligence directly led to your accident and resulting injuries, you might have a valid claim.

Another crucial aspect is the extent of your injuries and damages. To have a viable bicycle accident case, you must have sustained measurable harm. This can include physical injuries, psychological trauma, medical expenses, loss of income, and damage to your bicycle. Documenting these damages thoroughly is vital. Medical records, repair bills, and proof of lost wages all contribute to establishing the extent of your damages. It’s also important to consider the impact of your injuries on your daily life as well as how it affects your future. These factors can significantly influence the potential value of your claim.

Consulting with a legal professional who specializes in bicycle accident cases can provide you with a more personalized assessment based on the specifics of your situation.

Related articles:

Proving Damages After a Bicycle Accident

How a Bicycle Accident Lawyer Builds a Solid Legal Strategy

If the driver who hit you does not have enough insurance to cover your costs after a bicycle accident, there may be the following options to pursue:

• Uninsured/Underinsured Motorist Coverage: If you have your own auto insurance policy with uninsured or underinsured motorist (UM/UIM) coverage, you can POTENTIALLY file a claim with your insurer to cover the shortfall.

• Personal Assets of the At-Fault Driver: You can pursue the personal assets of the at-fault driver through legal action to cover the costs. However, this can be challenging and is not always successful, especially if the driver has limited assets.

• Health Insurance: Your health insurance may cover your medical expenses. However, they might seek reimbursement from any settlement or judgment you receive later.

• Med Pay (Medical Payments Coverage): If you have Med Pay or Personal Injury Protection (PIP) as part of your auto policy, it can help pay for medical costs regardless of who is at fault.

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Are You Protected?

A Bicyclist’s Guide to Insurance

In a bicycle accident case, you may be compensated for a variety of losses, including:

• Medical Expenses: Costs for emergency services, hospitalization, surgery, medication, physical therapy, and any long-term healthcare needs.

• Lost Wages: Income you lost due to the inability to work while recovering, as well as future lost earnings if your injuries affect your ability to work long-term.

• Property Damage: The cost of repairing or replacing your bicycle and any other personal items damaged in the accident.

• Pain and Suffering: Compensation for physical pain, discomfort, and the overall impact of the injuries on your quality of life.

• Emotional Distress: Compensation for psychological impacts, such as anxiety, depression, and trauma resulting from the accident.

• Loss of Enjoyment: If the injuries prevent you from engaging in hobbies, sports, or other activities that were part of your life before the accident.

• Loss of Consortium: Compensation awarded for the impact of your injuries on your relationship with your spouse or partner.

The specific types of compensation you may be eligible to receive will depend on the details of your case, the severity of your injuries, the laws in your state, and the available insurance coverage. It is advisable to consult with a reputable bicycle accident attorney who will pursue all the compensation you're entitled to.

Related article: Maximizing Compensation with a Bicycle Accident Lawyer

If you are found to share fault in a bicycle accident, the impact on your case can vary depending on the state's laws regarding comparative negligence or contributory negligence.

In states with comparative negligence laws, you can still recover damages even if you are partially at fault. However, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 30% at fault for the accident and the total damages amount to $100,000, you would be able to recover 70% of the damages, which would be $70,000.

Some states follow a modified comparative negligence rule, where you can only recover damages if your level of fault does not exceed a certain percentage, commonly 50% or 51%. If your fault is above this threshold, you cannot recover any compensation.

In the few states that still follow contributory negligence rules, if you are found to be even slightly at fault, you may be barred from recovering any compensation at all.

It is important to consult with a bicycle accident attorney such as Bike Legal to understand how these laws might apply to your specific case. Legal representation can also help to minimize the fault attributed to you and maximize your potential compensation.

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The Advantages of Hiring a Bicycle Accident Lawyer in Cases of Shared Fault

 Optimizing Your Claim in Comparative Negligence Cases

You can claim compensation for property damage of all items that were damaged because of the bicycle accident. The amount you could be compensated for depends on the following:

Insurance Coverage: If the person at fault has insurance that covers property damage, their policy may pay for the repair or replacement of your bicycle.

Extent of Damage: If your bicycle is damaged beyond repair, the insurance company may consider it a total loss and provide compensation for a replacement.

Depreciation: The compensation for your bicycle will take into account its current market value, meaning the value of the bicycle at the moment before the crash.

Liability: The payment for a new bicycle is contingent upon establishing the other party's liability for the accident.

Settlement: The terms of any insurance settlement or legal award will determine if you receive enough funds to purchase a new bicycle.

Legal Representation: A bicycle accident attorney has the knowledge and experience with insurance companies to seek the maximum compensation available.

If you must miss work due to injuries sustained in a bicycle accident, you may be compensated for lost wages. This form of compensation is designed to cover the income you would have earned if you had not been injured. To claim lost wages, you would typically need to prove the amount of income lost due to the accident by providing documentation such as pay stubs, a letter from your employer, or tax returns, and a letter from your doctor.

Additionally, if the injuries have long-term effects on your capacity to work, you may also be entitled to compensation for loss of earning potential or future earnings. However, the specific details and the ability to claim compensation for lost wages can vary based on the insurance policies involved and the jurisdiction where the accident occurred.

The duration of a bicycle accident case can vary widely depending on several factors, including the complexity of the case, the extent of your injuries and treatment, the legal process in your jurisdiction, and the willingness of the parties to settle.

Some cases may resolve in a few months, while others, especially those that go to trial, can take a year or more. It's important to consult with a bicycle accident lawyer for a more specific timeline based on the particulars of your case. They can provide a general estimate but remember that each case is unique, and various unforeseen factors can influence the timeline​​​​.

At Bike Legal our mission is to advocate for bicycle safety

and sharing the road responsibly through education.

Our legal team is committed to supporting and representing cyclists across the United States

no matter where you ride or how you ride.

If you or someone you know has been involved in a bicycle accident,

Bike Legal is here to help!

Visit: www.bikelegalfirm.com

or call 877-BIKE LEGAL (877-245-3534)