Getting back on your feet after a bicycle accident involves more than just physical healing. You may have concerns about medical bills, lost work, and the damage to your property. A bicycle accident lawyer provides the clarity you need during this uncertain time.
Law Bear offers free case evaluations to help you find a path forward. We’ll connect you with a local attorney who can fight for your rights. Call Law Bear at (309) 365-6510 for a free consultation to discuss your case.
Determining Fault in a Bicycle Collision
In most cases, your lawyer must show that the driver of the motor vehicle acted negligently. Negligence means that the motorist failed to operate their vehicle with the reasonable care that a typical person would use in a similar situation.
A successful claim depends on presenting clear evidence of the other party’s fault. This evidence can come from many sources. A thorough investigation uncovers the facts needed to build a compelling case.
Proving Driver Negligence
All drivers have a legal obligation to share the road safely and watch for more vulnerable road users like bicyclists. Demonstrating that a driver was negligent involves showing they breached their duty of care to you as a cyclist.
Several actions can point to driver negligence:
- Distracted Driving: A driver who was texting, talking on the phone, or otherwise not paying attention failed in their duty to observe their surroundings.
- Speeding: Exceeding the speed limit reduces a driver’s reaction time and increases the severity of a crash.
- Failing To Yield: Many bicycle accidents happen at intersections when drivers fail to yield the right-of-way to a cyclist.
- Unsafe Lane Changes: A driver who changes lanes without checking their blind spot can easily strike a bicyclist.
- Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs is a clear and dangerous form of negligence.
What Is Comparative Negligence?
In some cases, a court may find that both the driver and the cyclist share some responsibility for the accident. This legal concept is known as comparative negligence, and the specific rules vary by state.
If your state follows a version of comparative negligence, you may still recover compensation even if you share some of the blame. However, your total recovery may be reduced by your percentage of fault.
For example, if you’re found to be 10% at fault for the accident, you may still recover 90% of the final award. A bike crash attorney protects you from unfair allegations of fault from the insurance company, working to show that the driver was primarily or completely responsible for the collision.
Potential Compensation Following a Bike Crash
Your claim should reflect the full scope of the incident’s impact on your life. This includes the expenses you can count with receipts and the less tangible, personal harms you have endured. An attorney helps document these damages thoroughly.
Common damages include:
- Medical Expenses: This category covers all costs related to your medical care, from the initial emergency room visit to ongoing physical therapy.
- Lost Wages: You may recover the income you lost while unable to work, including salary, hourly wages, and other benefits.
- Lost Earning Capacity: If your injuries prevent you from returning to your previous job or diminish your ability to earn an income, you may seek compensation for this future loss.
- Other Out-of-Pocket Costs: This reimbursement covers the costs for prescription medications, medical devices, and transportation to medical appointments.
- Pain and Suffering: This compensates you for the physical pain and emotional distress you have experienced due to your injuries.
- Emotional Anguish: You may receive compensation for anxiety, depression, sleep disturbances, and other psychological effects of the accident.
- Loss of Enjoyment of Life: You may seek payment if your injuries prevent you from participating in hobbies, activities, or social events you once enjoyed.
Property Damage
Your bicycle and any other personal property damaged in the crash are also part of your claim. This includes your helmet, cycling computer, clothing, or smartphone. You may seek compensation for the cost of repairing or replacing these items.
Collect receipts for your damaged gear or get a written estimate for the cost of a replacement bicycle. These documents serve as proof of your property damage losses. Preserving your damaged bike also provides evidence for your claim.
How a Bicycle Accident Lawyer Helps Your Case
If you have questions about your rights and what to do next, a dedicated bike accident lawyer provides the answers and direction you need. Their guidance helps you make informed decisions about your options.
The Investigation
A core function of a bicycle accident lawyer is investigating the crash. This process goes beyond the initial police report. Your legal team works to uncover all the facts that support your claim.
This investigation may involve several steps:
- Collecting Evidence: Your bike crash lawyer collects the police report, your medical records, and photos or videos from the accident scene.
- Interviewing Witnesses: Statements from people who saw the accident may provide powerful testimony in your favor.
- Securing Video Footage: Your attorney knows how to get traffic cam and surveillance video footage to bolster your claim.
Communicating With Insurance Companies
Dealing with insurance adjusters is a difficult part of the claims process. Adjusters work for the insurance company, and their goal is to pay out as little as possible. They may try to get you to provide a recorded statement or accept a quick, low settlement offer.
When you have a bike accident lawyer, all communication with the insurance company goes through them. Your attorney handles the phone calls, emails, and negotiations on your behalf.
This protects you from saying something that may be used against you and allows your advocate to control the narrative of your claim.
Calculating Your Claim
Determining the true value of your bike accident claim requires a full accounting of your current and future economic and non-economic damages. Insurance companies often make initial offers that don’t come close to covering the full extent of a victim’s total losses.
A bicycle crash lawyer calculates your damages to arrive at a fair valuation. They may consult medical and financial professionals to project your future medical needs and lost earning capacity. This detailed valuation becomes the basis for their settlement negotiations.
Fighting for Fair Compensation
Your lawyer’s primary goal is securing a settlement that covers all your losses. Your bike crash attorney will argue on your behalf, countering the adjuster’s attempts to downplay your injuries or shift blame. They leverage the strength of the evidence to push for a fair resolution.
If the insurance company won’t offer a fair settlement, your lawyer can take your fight to a courtroom.
4 Common Mistakes To Avoid After a Cycling Accident
The actions you take in the days and weeks following a bicycle accident greatly impact your ability to recover fair compensation. Insurance companies look for any reason to deny or reduce the value of a claim. Avoiding some common missteps protects your legal rights.
Protect your claim by avoiding these common errors:
- Posting on Social Media: Don’t post about your accident or recovery on social media because insurance companies actively search these profiles for anything that may contradict your injury claim.
- Delaying Medical Treatment: Avoid gaps in your medical care; the insurance company may use missed appointments to argue your injuries aren’t very serious or weren’t caused by the accident.
- Giving a Recorded Statement: Don’t provide a statement to the other party’s insurance adjuster without legal counsel. Adjusters know how to ask questions that elicit answers that may end up hurting your claim.
- Accepting an Early Offer: Never accept a settlement offer without having a bike wreck attorney review it. The first offer is almost always far less than the full value of your claim.
FAQ for Bicycle Accident Lawyer
What Should I Do With My Damaged Bicycle and Gear?
Don’t throw away your damaged bicycle, helmet, or any other gear. These items are important pieces of evidence. The damage to your bike can help an accident reconstructionist determine the forces involved in the crash, and your broken helmet is powerful proof of the impact.
Store everything in a safe place until your lawyer gives you further instructions.
What Happens if the Driver Who Hit Me Is Uninsured?
If the at-fault driver has no insurance, you may still have options for financial recovery. Your own automobile insurance policy might include Uninsured Motorist (UM) coverage. This coverage allows you to file a claim directly with your own insurer to cover your medical bills and other damages.
Similarly, if the at-fault driver’s insurance policy isn’t enough to cover all your losses, you may be able to use your Underinsured Motorist (UIM) coverage to make up the difference. An attorney can review all your insurance policies to identify every possible source of compensation for your claim.
What Kind of Evidence Helps a Bike Accident Lawyer?
You should preserve all items related to the accident and your injuries. Take clear photos of your injuries as they heal, and photograph your damaged bicycle, your helmet, and any torn or bloody clothing from different angles.
Keep a file with all documents you receive, including the official police report, all your medical bills, and any letters from insurance companies. If you have the names and contact information for any witnesses, keep them in a safe place as well.
How Long Do I Have To File a Bicycle Accident Claim?
Every state has a law called the statute of limitations that sets a strict deadline for filing a personal injury lawsuit. The time limit varies by state, but it’s often two or three years from the date of the accident.
You’ll likely lose your right to pursue compensation if you miss this deadline. It’s best to contact a bicycle accident lawyer soon after your crash to protect your claim.
What if I Wasn’t Wearing a Helmet When the Accident Happened?
In most states, adults aren’t legally required to wear a helmet while riding a bicycle. Even if your state or city has a helmet law, failing to wear one doesn’t automatically prevent you from recovering compensation.
The insurance company may try to argue that your head injuries would have been less severe with a helmet, but your attorney can fight back against this claim, especially if the driver’s negligence was the clear cause of the accident.
How Can a Bicycle Accident Lawyer Help if the Insurance Company Blames Me?
Insurance companies often try to reduce what they pay by arguing the cyclist was partially at fault for the crash. A bicycle accident lawyer directly counters these unfair accusations.
Your attorney will investigate the accident to gather evidence, such as traffic camera footage, witness testimony, or data from an accident reconstructionist, that proves the driver’s negligence.
They use this evidence to challenge the insurance adjuster’s narrative and show that you were following the rules of the road. By building a strong case focused on the driver’s poor decisions, your lawyer works to place full responsibility where it belongs.
Find Your Advocate Today
If a bicycle accident left you with medical bills and legal questions, a skilled legal advocate can provide the steadfast support and clear direction you need. Law Bear will listen to your story and connect you with an experienced local bicycle accident lawyer. The Bear’s Got Your Back.
Our service is completely free to you. Call today at (309) 365-6510 to learn more.