How To Win A Bicycle Accident Lawsuit?

This blog will assist you in navigating the necessary steps to win a bicycle accident lawsuit. Additionally, it will provide valuable insights to increase your chances of receiving compensation.

How to Win a Bicycle Accident Lawsuit?

Before moving to the legal process of the bicycle accident claim, it is essential to know how the bicycle accident legal process works. Doing so will help you in taking appropriate measures to build a solid case.

Duty, Breach, Causation, and Damages

Regarding bicycle accident cases, assessing duty, breach, causation, and damages is crucial. Drivers have a responsibility to exercise reasonable care towards bicyclists, particularly in the case of child cyclists.

If drivers fail to fulfill their duty, it amounts to a breach, which can result in severe legal consequences. In such cases, the defendant must pay compensatory damages to the cyclist for any injuries sustained due to the breach.

Furthermore, suppose the defendant's actions are deemed to have caused the accident. In that case, they may be held accountable for any damages caused, including punitive damages in cases of gross negligence or willful misconduct.

Contributory and Comparative Negligence

The degree of negligence plays a crucial role in determining compensation. Some states follow traditional contributory negligence doctrines, where even 1% negligence on the part of the plaintiff means no reward. Some States of the USA observe the harsh side of this law.

Many states have adopted comparative negligence laws. This law determines compensation according to the degree of negligence. There are two variations of relative negligence laws:

• Pure Comparative Negligence Law

It allows the plaintiff to receive compensation based on their degree of negligence. For instance, if the plaintiff is 30% negligent, they can receive 70% of their recovery. Even if they have proven 90% negligent, they'll receive 10% of their damages.

• Partial Comparative Negligence Law

It allows recovery only if the plaintiff's negligence proves to be below 50%. If it goes beyond that, the plaintiff won't receive any damages. In certain states, if a person is found to be 51% or more responsible for an incident, they may be prohibited from seeking compensation or damages.

How to Proceed With a Claim Following a Bicycle Accident?

Bicycle accident injuries can be a traumatic and overwhelming experience. Knowing what steps to follow can help you protect your health and legal rights, making the process smoother. Here are the steps you must take after a bicycle accident:

Call The Police

If you have been in a bicycle accident, call the police immediately. The police will document all the injuries and create an official report.

Collect Evidence

You must have strong evidence to support your bicycle accident claim and to win a settlement. Some of the evidence that can be useful in a bicycle accident claim includes:

• Police Reports And Witness Statements

Collect all police reports and statements from witnesses involved in the accident. These documents can provide crucial details about the accident and help determine fault.

• Physical Evidence

Preserve any physical evidence of the accident, including damaged equipment or clothing. It can support your claim and illustrate the accident's severity.

• Surveillance Footage

Obtaining any available surveillance footage of the accident from traffic cameras is essential. This footage can provide a clear view of the accident and help determine who was at fault.

Seek Medical Treatment

If you suspect you have sustained injuries in a bicycle accident, it's crucial to seek medical attention immediately. Failing to do so can have negative consequences in two ways:

First, delaying medical treatment can worsen your injuries. It can result in a longer recovery time or even make it impossible to ride a bicycle again.

Secondly, insurance adjusters may argue that your injuries were not severe if there is a delay in seeking medical help.

Hence, document the entire medical process and follow your doctor's treatment plan. Avoid giving the insurance company any reason to use against you in negotiations for an insurance settlement.

Find Legal Help

Pursuing legal action is possible, but it's easy to miss critical steps impacting your case. That's why seeking a legal team to start your claim immediately is necessary. Consider finding bicycle accident lawyers if any of the following apply to you:

• You suffered injuries, such as broken bones or severe road rash.
• You missed more than just a few work days due to your injuries.
• Your medical bills add more than a few thousand dollars.

Handling Insurance Companies

In most bicycle accident cases, the at-fault party's insurance company will be responsible for paying the damages. However, insurance companies in bicycle accidents try to settle your claim for as little as possible.

So, being cautious when dealing with an insurance company is crucial. Communicating correctly with a bicycle accident lawyer is the only solution.

Filing a Bicycle Accident Claim

You must file a bicycle accident claim with the at-fault party's insurance company to seek compensation for your damages. Ensure you provide them with all the necessary information. It will include your medical records and any evidence you have collected.

Going to Court

If a settlement with the insurance company fails to yield an acceptable outcome, taking the issue to court is necessary. The plaintiff's attorney will present the case in court. He/she will provide evidence and argue that the other party was at at-fault for the accident.

The judge or jury will then evaluate the evidence and arguments presented. The jury will determine the compensation to the plaintiff.

Measures That Fortify a Bicycle Accident Claim

Bicycle accidents are a part of everyday life, and even with the utmost caution, you can't be safe. If you've been in a bicycle accident and are considering filing a lawsuit, there are some points to consider.

These steps will strengthen your claim. By following specific procedures, you can increase your chances of success.

Seek Legal Guidance

The first and most essential step is to seek guidance from a specialized bicycle accident lawyer to claim damages successfully. An experienced bicycle accident lawyer can help you calculate the full extent of your injuries.

Evaluate Your Loss and Damages

Damages include medical expenses, lost wages, loss of earning capacity, future medical care, and potential future surgeries.

The list of damages also includes medical equipment, emotional distress, pain and suffering, property damages, and any other intangible damages.

Defendant's Approach

When determining the appropriate amount of compensation to pursue, it's crucial to consider the defendant's financial resources. In some cases, the responsible party may require more funds to cover the total damages fully.

Analyze Possible Conditions For Compensation

If a defect in the vehicle caused the accident, the manufacturer may be held accountable for the damages. A skilled attorney specializing in bicycle accidents will thoroughly investigate all potential avenues to ensure you receive the appropriate compensation.

Dealing with Insurance Companies

Insurance providers often blame the cyclist in a bicycle accident claim to avoid paying compensation. Your bicycle accident lawyer can prove the other party's degree of negligence.

Your attorney can help you recover the total compensation even if you bear some responsibility for the accident.

However, it's crucial to understand your rights under the comparative negligence laws in your state.

Keep Medical Records

Keeping all medical bills and records of the accident is crucial in pursuing your lawsuit. Even minor medical bills can become significant evidence later on.

Medical record reviewers can help sort through your records to assist your attorney in building a solid case.

Allow Your Bicycle Accident Attorneys to Be Your Advocate

Let your best bicycle accident lawyer be your voice. Refraining from giving the defendants or insurance providers any unwanted statements would be best.

In some cases, careless statements by the plaintiff to the opposite party can complicate the claim. Your attorney can handle negotiations with the providers, allowing you to focus on your recovery.

Factors Influence the Amount of a Bicycle Accident Claim

Several factors can affect the outcome of your bicycle injury claim after a bicycle accident, including:

• The type and severity of your injuries
• The cost of medical treatment and rehabilitation for your injuries
• The length and extent of your ongoing medical care
• The amount of income and workdays lost due to your injuries
• The impact of your injuries on your personal and social life
• Any permanent impairments, scars, disfigurements, or disabilities caused by the injuries
• The physical pain and emotional suffering resulting from the accident

Safety Measures to Avoid Bicycle Accidents

According to the National Highway Traffic Safety Administration (NHTSA), in 2021, 966 individuals lost their lives in bicycle crashes. NHTSA shows that in 2021, 966 bicyclists lost their precious lives in crashes. According to the CDC, nearly 1,000 bicyclists die yearly, and over 130,000 face injuries in the United States.

It's essential to take specific safety measures for a safe bicycle ride.

• Wearing a bicycle helmet that meets U.S. safety standards and fits properly to reduce the risk of brain injuries.
• Using padded shorts and gloves for additional protection.
• Riding in bicycle lanes whenever possible 
• When using the road, stay on the right side of the lane.
• Wear bright-colored clothing during the day and use reflective gear, headlights, and reflective clothing at night to increase visibility.
• Drivers should maintain a distance of at least 3 feet when passing bicycles.
• The government should create more bicycle lanes or separate bicycle routes away from heavy traffic to ensure safe cycling.

Talk to a Bike Legal Lawyer for Free Today

Getting into a serious bicycle accident can be devastating. You are dealing with physical pain and trauma, and the aftermath can be emotionally draining and financially burdensome. That's why you need the help of Bike Legal!

Our experienced lawyers are dedicated to fighting for your rights and getting you the compensation you deserve. We understand the frustration of being unable to ride due to an accident, and we want to help you get back on your bicycle as soon as possible.

So don't suffer in silence. Talk to our bicycle accident lawyer today for free and learn how we can help you win your case. Our consultations are confidential, and we don't charge a fee unless we win your case. Call 877-245-3534 now and take the first step toward getting the justice and compensation you deserve!

FAQS

What Injuries Are Common in Bicycle Accidents?

Bicycle accidents can result in joint injuries such as head trauma, broken bones, and road rash. Seek medical attention immediately to prevent underlying injuries from worsening and to document injuries for a potential claim.

What Is the Timeframe for Filing a Lawsuit After a Bicycle Accident?

The statute of limitations for a bicycle accident lawsuit varies by state. Consult with a bicycle injury lawyer soon after the accident to understand your state's statute of limitations and how to initiate legal action if needed.

Is It Worth Pursuing a Lawsuit for a Bicycle Accident?

Deciding whether to pursue a lawsuit for a bicycle accident depends on several factors, including the severity of your injuries, financial burden, and the parties' fault. Consulting with a bicycle accident lawyer can help you determine the merits of your case and whether pursuing a lawsuit is worthwhile.