Bicycle mishaps are frequent and frequently serious. Over 467,000 bike accidents occur each year, and the injuries they cause result in over 1,000 fatalities, according to the CDC.
Despite these alarming statistics, the legal system routinely ignores bike accidents. Many times, wounded litigants are unaware that they have a legal claim that can be pursued.
A qualified personal injury lawyer should evaluate your claim and represent your interests if you were hurt in a bike accident. After all, you might be eligible for financial support for your injuries.
The particulars of your case will determine how much compensation you are eligible to receive. Because every instance is unique, so can the compensation.
In light of this, it is safe to assume that the following sums will apply to the majority of “simple” bike accident cases that result in a speedy settlement with the insurance provider:
These figures should be regarded as a starting point. Generally speaking, the more damages you are able to recover, the more valuable your case becomes. Damages are “losses” connected to the relevant injury.
For instance, your pay loss damages would be worth $50,000 if you make $50,000 a year and are wounded in a bike accident, which prevents you from working for a year. You may theoretically ask for up to $150,000 in compensation if your medical costs total $50,000, in addition to $50,000 in pain and suffering damages.
Attorneys with experience know how to build a case to maximise compensation. Due to the typically large damages, bike accident lawsuits are frequently advantageous for maximising compensation (bikes offer riders minimal protection against vehicle collisions).
The subsequent occurrences may leave you feeling perplexed or even overpowered after a bicycle accident that results in injuries. Understanding what you “should” be doing to protect your legal rights might be challenging.
For instance, the defendant might make an effort to exchange insurance details while urging you not to notify the police. Refuse to accept this. It’s always preferable to call 911 and speak with emergency personnel and law enforcement officials. No matter how trivial the mishap may appear at first, this is crucial.
“Soft tissue” injuries are frequently caused by bicycle accidents. With so much adrenaline pumping through your body, your body may be in a state of shock, which can make it difficult to notice injuries.
When an accident occurs, emergency medical personnel are trained to identify injuries and might send you to an emergency room for x-rays (which may spot hairline fractures and other nerve damage from an accident). Some of these wounds might need continued post-treatment.
Documenting your post-accident physical and mental health problems is a crucial legal aspect that can assist your bike accident attorney build a compelling case on your behalf.
Quick legal advice: Don’t talk to anyone else until you’ve retained a bicycle accident attorney. Some information you provide could be interpreted as an admission of guilt.
There are numerous common motorcycle and bicycle accident laws that riders should be aware of, even if each state will have slightly different legislation. Your bike accident lawyer will assist you in recovering any damages you may be due as well as in determining if you were following the law while travelling.
The “side of the road” legislation, which demand that cyclists ride on the far right side of the road or in a dedicated bike lane, are the most prevalent type of bicycle regulation. These restrictions are in place for practical reasons, primarily to enhance cycling safety, even though cyclists have an equal right to use public streets as motor vehicle drivers do. However, riders who want to respect the law and take precautions to keep themselves safe.
Although cyclists who want to obey the law and protect themselves will adhere to these rules, it frequently leaves them vulnerable to several frequent causes of bicycle accidents, which we discuss in the following section.
Motor vehicles must also give bikers plenty of room while passing or sharing a lane. The standard distance is three feet, however this can be challenging for drivers of larger SUVs, semi-trucks, and buses, or when lanes are tight. Drivers must also wait to pass until it is safe to do so because they share the road with motorcycle riders and cyclists on an equal basis. The driver might have to adjust their speed, lane, or other actions to make room for the bicycles. Bicyclists are not required to get out of the path of other traffic, except from moving to the far right side of the road (emergency vehicles excepted).
It’s crucial to have the police report the accident and to engage a bike accident attorney to support your claim that you were following the law because there is some ambiguity on how much over the limit a biker should have been following a car collision.
Numerous things might lead to a bike accident, and the conditions will determine how seriously hurt you are.
Should I hire a lawyer if I was in a bike accident?
Yes! You need a lawyer to represent you and assess the case even if you think you contributed to the accident in some way. Your attorney will take care of a variety of tasks, including gathering evidence, filing your claims, and looking into the accident’s specifics. When appropriate, the parties will negotiate a settlement with the defendant. Further legal action can be taken if that is not achievable.
What if I was a part of the collision?
You should always consult with a lawyer even if you think you may have caused the incident in some way, such as by having a bike wheel that was bent.
It’s unlikely that the accident was caused only by your “fault contribution”.
Even if they were largely to blame for the accident, an injured plaintiff may file a lawsuit and receive compensation in the majority of states, including Florida and California. The damages will be adjusted in accordance with the amount of fault that each party is found to have, which will be determined by the court.
Consider, for illustration, if you were wounded in a bicycle accident and the judge found you to be 30% at fault. Your $100,000 damage claim is for all damages. You would be entitled to receive
$70,000 less your 30% fault contribution, or $70,000 less. Not bad at all!
What is the price of a lawyer?
Most personal injury attorneys work on a contingency basis, which means they aren’t paid until your case is satisfactorily resolved (or obtain compensation through a courtroom win).
Contingency fees place the onus of paying all of your upfront expenditures and expenses on the attorney, including medical charges, expert fees, costs associated with the investigation, and more. You incur no out-of-pocket costs.
The use of contingency fees benefits courtroom proceedings. Your lawyer has an incentive to conclude your case quickly and to maximise your overall pay because they are responsible for all of your expenditures and are only paid if you “win.” Your lawyer will also receive more compensation the more you are compensated.
The lawyer will then take a “cut” of the verdict if and when the case is decided in your favour. You should have a more in-depth conversation about this with your lawyer because this percentage may change.
If you were hurt while bicycling, you can be entitled to hefty compensation. The price of medical care, follow-up care, missed pay, and the cost of repairing or replacing your vehicle may be included in these losses.
We can put you in touch with a qualified lawyer who has the knowledge and experience required to handle your case. Get in touch with us right now for a private, complimentary consultation.
If you’ve suffered losses due to another’s fault, then the law may entitle you to sue the responsible parties and recover damages as compensation. As the case develops, however, you may find that it is more complex — and more challenging — than you initially thought..
If you’ve suffered losses due to another’s fault, then the law may entitle you to sue the responsible parties and recover damages as compensation. As the case develops, however, you may find that it is more complex — and more challenging — than you initially thought.