How Do I Start a Bicycle Accident Lawsuit?

If you suffer from a cycling crash or other bike accident injuries, don't worry because we're here to guide you through the tough times.

Critical Considerations Before Filing a Lawsuit

To file a lawsuit is a serious decision that should not be taken lightly. Before pursuing legal action, several key considerations should be taken into account. These include:

The Strength of Your Case: To build a strong case, gather evidence. It includes witness statements, medical bills and reports, and accident reports. Assess the other party's liability and defenses to determine your case's strength.

The Statute of Limitations: Be aware of your state's statute of limitations for a personal injury lawsuit. It may be short as one year. Act promptly to make sure you don't miss the filing deadline.

Goals: What do you hope to achieve in filing a lawsuit? It's essential to clearly understand your goals before pursuing legal action.

The Potential Costs: Filing a bicycle rider's accident case can be expensive, especially if the case goes to trial. Consider the costs and benefits before pursuing legal action for bicycle accidents.

Alternative Options: Consider mediation or settlement negotiations before filing a lawsuit to resolve a bicycle accident case. These options may be less expensive and can help you avoid the time and stress of a trial.

Hiring a Lawyer: Hire an experienced lawyer to build a strong case. An attorney who can guide you and can help you negotiate for an insurance claim and a fair settlement.

Process of How to Start a Bicycle Accident Lawsuit

Knowing the right steps after bicycle accident injuries is crucial to protect your health and legal rights. Some important actions may include:

Step 1: Assess Your Bicycle Accident Injuries and Damages

To begin, you should assess your injuries and damages from bicycle accidents.

Seek Medical Attention

Seek medical attention immediately, even if your injuries seem minor. This is important for your health and safety and the strength of your case. Medical bills and reports can provide substantial evidence of your injuries and their severity.

Document Your Injuries

Document your injuries with photographs, written descriptions, and medical bills. This can include bruises, cuts, broken bones, and other injuries sustained in the accident. This documentation can help support your compensation claims.

Document Property Damage

Be sure to document any damage to your bicycle or other property in the accident. Take photographs of the damage and gather any receipts or estimates for repairs. This can help you seek compensation for property damage as part of your case.

Step 2: Gather Evidence

After assessing your injuries and damages, gathering evidence to support your case is essential.

Collect Police Reports and Witness Statements

Collect any police reports and witness statements related to the accident. These can provide essential details about what happened and who was at fault.

Preserve Physical Evidence

Preserve any physical evidence allied to the accident, such as damaged equipment or clothing. This can help support your compensation claims and show the accident's severity.

Obtain Surveillance Footage

It is important to obtain any surveillance footage of the accident from the camera. This can include footage from traffic cameras, security cameras, or bystander videos. This footage can provide a clear picture of what happened and who was at fault.

By gathering this evidence, you can strengthen your case.

Step 3: Hire a Bicycle Accident Lawyer

The hiring of experienced bicycle accident lawyers is essential. As insurance companies typically know that experienced bicycle accident attorneys build a solid case.

Research Attorneys

Research attorneys in your town who specializes in bike accident cases and check their qualifications and reviews. This can help you find a reputable bicycle accident lawyer knowledgeable about bicycle accident cases. The attorney can also assist you in matters of the insurance company.

Schedule Consultations

Schedule consultations with a few attorneys to discuss your case and their experience. This step is crucial in determining which attorney best fits your case and needs.

Choose the Right Attorney

Choose a bicycle accident lawyer who has experience with bicycle accident cases and who you feel comfortable working with. Before proceeding, it's essential to grasp their fee system and clarify any inquiries regarding the legal procedure.

An experienced bicycle accident lawyer provides legal representation and peace of mind when handling or managing an insurance company.

Step 4: File Your Complaint

Follow these steps when filing a lawsuit or personal injury claim after a bicycle accident:

Understand the Legal Requirements to File a Complaint

It's essential to understand the legal requirements to file a complaint. You should be aware of the statute of limitations and the specific court where to file the complaint.

Draft and File Your Complaint

Work with your attorney to draft a complaint. The attorney will outline the facts of the case, the injuries and damages suffered, and the legal basis for your claim. File the complaint in the appropriate court.

Serve the Complaint to the Defendant

You must serve the defendant with the complaint and summons once you have filed it. This initiates the legal process and notifies the defendant to prepare to face a lawsuit.

Filing a lawsuit can be a complex legal process. So, working closely with your attorney to confirm your case is ready to file correctly is important.

Step 5: Discovery

Participate in discovery by responding to document requests and attending depositions to build your case.

Understand the Discovery Process

Familiarize yourself with how both sides gather information and evidence to build your case. This may include written requests for documents or verbal questioning.

Respond to Interrogatories and Requests for Documents

Provide truthful and complete answers to written questions and requests for documents from the opposing side. Failure to respond promptly could result in legal consequences.

Attend Depositions

Participate in a deposition, which is a formal question-and-answer session under oath. You will have to provide information about the accident or other relevant matters. It is important to be truthful and cooperative during the deposition process.

Step 6: Mediation and Settlement

You can consider mediation and negotiation to potentially settle the case without going to trial.

Advantages of Mediation

Mediation is a process that can save time and money by avoiding a lengthy trial. It can also lead to a mutually beneficial resolution.

Prepare for Mediation

Gather all necessary documents and evidence to present your case effectively. Discuss your goals with your bicycle accident lawyer.

Negotiate a Settlement

Work with your lawyer to negotiate a settlement that meets your needs and objectives. You should get ready to compromise if necessary.

Step 7: Pretrial Preparation

To prepare for trial, you must review your case, prepare your witnesses, and attend pretrial hearings.

Review Your Case

You need to review your case thoroughly with your attorney, ensuring that all relevant information is accurate and up-to-date.

Prepare Your Witnesses

It would be best if you prepared your witnesses to testify at trial. This includes discussing their testimony with them and ensuring they understand the procedures and what to expect.

Attend Pretrial Hearings

You need to attend all pretrial hearings. This will ensure that your case is progressing smoothly and will help address any issues.

Step 8: Trial

You need to understand the trial process, select a jury, and present your case in court during the trial.

Understand the Trial Process

Get help from your bike accident attorney and learn the trial process, including the order of events and procedures.

Select a Jury

Work with your attorney to choose a fair and impartial jury for your case

Present Your Case

You must prepare evidence and present solid arguments in support of your case to the judge and jury.

Step 9: Verdict and Appeals

It's essential to be familiar with the appeals process. It can be a critical step in seeking justice and ensuring your legal rights are safe. You should know the options for appealing a verdict.

Receive the Verdict

You will receive the verdict of your case from the judge or jury in the courtroom.

Understand the Appeals Process

The appeals process involves requesting a higher court to review the lower court's decision to understand it.

File an Appeal

If you are not satisfied with the verdict, you can appeal to the appropriate court. This involves submitting a written request. It outlines the reasons that's why you believe the decision the lower court took was incorrect.

Filing a bicycle accident claim can be a complex process. But if you follow the right guidance and legal support, you can seek the compensation you deserve.

Statute of Limitations for a Bicycle Accident Lawsuit

The statute of limitations is a time frame to file a lawsuit. It includes recovery of medical bills, lost wages, pain, and suffering.

The time limit varies by state. However, it's important to note that some cases have shorter time limits than others. Likewise, some require filing a notice of claim within as little as 90 days.

Missing the deadline to file a lawsuit could result in losing the opportunity to receive compensation. Seeking the guidance of an attorney is essential to protect your rights.

In addition, there are a few exceptions to the statute of limitations, for instance, depending on the nature of your case.

Negligence by government bodies also shortens the time frame to act to recover damages, and the statute of limitations varies by jurisdiction. You must get legal assistance, file the government claim, and, if necessary, the lawsuit within the time frames specified in your jurisdiction.

To file necessary documents correctly and within designated time frames, seek legal counsel promptly.

The statute of limitations for wrongful death claims also varies, depending on the jurisdiction. You need to consult with an attorney to determine the appropriate time frame for your jurisdiction.

Common Injuries In Bicycle Accidents

You may sustain various injuries when involved in a bicycle or motor vehicle accident. Some of the most common injuries in bicycle accidents include:

Head Injuries:

These can range from mild concussions to traumatic brain injuries (TBI) that can cause permanent damage. Helmets can help prevent head injuries, but they are not foolproof.

Road Rash:

This abrasion occurs when a cyclist's skin scrapes against the road or pavement. Road rash can be painful and can also lead to infection.

Broken Bones:

Cyclists may suffer fractures or broken bones in accidents, especially in the arms, legs, and collarbone.

Spinal Cord Injuries:

These serious injuries can be severe and can result in paralysis. It also causes loss of feeling and movement in the body.

Internal Injuries:

These injuries, such as organ damage, internal bleeding, or ruptured spleen, occur inside the body.

Soft Tissue Injuries:

These severe injuries affect muscles, tendons, and ligaments, such as sprains, strains, and tears.

It's essential to seek medical attention immediately after a bicycle accident case to assess and treat any injuries.

How Much Compensation Will I Get for a Bike Accident?

The compensation you receive after a bicycle accident depends on various factors. It includes the severity of the injuries, the insurance company, and the other party's liability. These factors will determine the amount of recovery.

The compensation for a bicycle accident can range from a few thousand dollars to hundreds of thousands. According to the National Highway Traffic Safety Administration (NHTSA), the average settlement for non-fatal bicycle crash is around $57,00. While the average settlement of a fatal bicycle crash is over $4 million.

How Much Are Bike Accidents Wrongful Death Cases Worth?

Determining the exact amount of wrongful death cases resulting from bicycle accidents is complex.

Here are some examples of what the wrongful death case is worth.



 A woman was trying to retrieve her bike from a rack attached to a Chicago Transit Authority (CTA) bus. When the bus suddenly started moving and ran over her. She died.

Both parties agreed to a settlement of $5,500,000, covering past medical expenses, before the case went to trial.



An SUV driver killed a 14-year-old boy while riding his bike on a busy road. A bicycle accident settlement reached $1,250,000, which was the policy limit of the driver's insurance policy.

What Happens If a Cyclist Causes an Accident?

If a cyclist causes an accident, they may face legal consequences. Such as fines or even criminal charges if they behave recklessly. They also become answerable if they violate traffic laws. All cyclists need to ride responsibly. They should follow the rules of the road to help prevent accidents and avoid liability in the case.

Contact Us For Free Consultation Today At Bike Legal

Have you suffered injuries in a bicycle accident? At Bike Legal, our team of bicycle accident attorneys is here to assist you with your case. With years of experience dealing with bicycle accident claims, our team knows the emotional and physical toll you might or your family might have to go through.



Moreover, our team works on contingency fees. You'll have no upfront costs to worry about. Contact us today at 877-245-3534 and schedule a FREE consultation.

FAQs

Is It Possible to Claim if Someone Knocks Me off My Bike?

Yes, you can claim if you were knocked off your bike due to someone else's negligence or fault. You deserve compensation for any injuries, damages, and other losses you have incurred due to the accident.New Paragraph

What Is the Punishment for a Bike Accident?

The punishment for a bike accident can vary depending on different factors. The penalty may consist of a fine if the bike accident results in property damage or minor injuries. However, in case of major injuries, the punishment may involve imprisonment and significant fines.

Is It Beneficial to Hire a Lawyer for a Bicycle Accident?

Yes, hiring a bicycle accident lawyer for a serious bicycle accident claim is beneficial. Bicycle accident lawyers can assist you in filing a lawsuit for severe injuries and lost wages resulting from someone's negligence. They will also navigate the legal process and negotiate with an insurance company on your behalf.

What are the Legal Fees for Bicycle Accident Claims?

Legal fees for bicycle accident claims vary depending on the complexity of the case and the lawyer you choose. Some lawyers work on a contingency fee basis. It means they only get it if they win your case, while others charge hourly or flat fees.