Bicycle accidents often result in permanent and life changing injuries. Many bicycle accident victims do not realize that compensation is available. Even if you were injured in a single vehicle bicycle accident or were the victim of hit and run, you should talk to a skilled and experienced bicycle accident attorney to find out about potential compensation.
Do You Need a Bicycle Accident Lawyer?
If you were injured in a collisions with a car, you may assume that the driver will be found at fault and that you will be able to collect compensation with a simple insurance claim. Unfortunately, it is rarely that simple. The insurance companies fight hard to avoid paying or to pay far less than you deserve.
If you were injured in a hit and run accident, a bicycle accident lawyer can help you pursue every avenue of compensation. There may be insurance coverage available to you even if we cannot locate the driver.
In single vehicle and hit and run bicycle accidents there are often factors such as defective bicycle or parts or roadway defects that can open up avenues of compensation for your injuries in accidents where victims are often under the impression that no compensation is available.
Causes of Bicycle Accidents
When bicycle and cars collide, negligence on the part of the driver is often to blame. A driver can also cause a bicyclist to crash while performing evasive maneuvers, without a collision with the car. Common forms of driver negligence and wrongdoing which lead to bicycle accidents include:
- Drivers who violate bicyclists’ right of way
- Distracted drivers
- Drivers who do not know the rules of the road regarding bicycles
- Drivers who choose not to share the road
- Drivers who fail to signal when turning or pulling out from the curb
- Drivers who open their car door into the path of a bicyclist
- Unsafe passing of a bicyclist
- Intoxicated drivers
Other common causes of bicycle accidents include:
- Defective bicycle or parts
- Defective motor vehicle
- Improperly marked or poorly designed bike paths and bike lanes
- Other roadway defects, such as potholes, malfunctioning traffic signals, or faulty streetlights
Compensation in Bicycle Accident Claims
Bicycle accident injuries are often severe and can be life-altering, especially if there is a head injury. Adequate compensation is compensation that will pay for all of the costs of your injuries, even if those costs are ongoing for the rest of your life. You may be able to recover for economic noneconomic damages including:
- Medical expenses and future medical expenses
- Home health care and custodial care
- Lost income, future lost income, and lost earning capacity
- Physical and mental pain and suffering
- Diminished quality of life
Frequently Asked Questions about Bicycle Accident Claims
Do I really need a lawyer for a bike accident?
Yes, you do need a lawyer if you were seriously injured through no fault of your own. If someone was driving recklessly and not obeying the rules of the road and hit you or forced you off the road, you should seek out the advice of an experienced bike accident attorney in your area. Consultations are free, so why not find out if you’re entitled to compensation right away? If you lost a loved one in a bike accident, you should definitely seek legal help to navigate the difficult process of filing suit.
If a car hit me while I was riding a bike, am I automatically entitled to financial compensation?
No, you are not entitled to money just because a car hit you. Now, if the driver was speeding, ignoring a stop sign, running a red light or just generally being careless, then you may be able to file a claim and get compensation for your injuries and possibly damages to your bike. An experienced bike accident lawyer will have to hear the details of your accident before he can assess the viability of your claim.
I hit a major pothole, crashed my bike and broke my leg. I can’t afford the medical bills! Who’s responsible for my accident?
In some bike accident claims, another driver is not at fault for the bicyclist’s injuries. Instead, a government entity may be held responsible. In the instance of a pothole on a city street or an unmarked construction zone causing dangerous cycling conditions, the city, county or state may have some liability. Poorly designed and constructed roads are often to blame for bike and other vehicle accidents.
It should be noted, however, that claims against government entities face strict time deadlines – meaning the claims must be filed within a short time after the accident or they are barred. In addition, you should be aware that in many cases, the government entity may be immune from a lawsuit or may not be liable because it had no reason to know of the hazard. For these reasons and many others, it is always a good idea to contact an experienced personal injury lawyer to evaluate your claim as soon as possible after the incident.
I was riding on the wrong side of the road and got hit by a car. Can I still collect for my injuries?
Some states have what is called “comparative negligence” law, which means that a victim who was partially at fault may have his damages reduced by the percentage of fault for which he was responsible. A few states even have “contributory negligence” laws which may bar recovery for victims who were even slightly at fault. Again, an accident lawyer in your state will be able to advise you on whether or not you have a valid claim following a bike accident.
It’s been a couple of years since I had a bike accident, and I’m still in need of physical therapy following a broken arm! Is it too late to file a lawsuit?
All states have what’s called a “statute of limitations” for filing personal injury and other lawsuits, and these vary from state to state. If the date of your bike accident falls within the statute of limitations, you may file a claim, but it is always best to consult with an attorney as soon as possible after your accident or injury to ensure that your claim is not barred by the statute of limitations.
To find a highly credentialed bicycle accident attorney in your area, please contact us today.