When you are an injured bicyclist who has been in an accident with a driver, you may be wondering whether you can take legal action against them to make them pay for your injuries. The answer to that question depends on what you can prove the driver did in your case to cause the accident.
If you have evidence that the driver was negligent in causing your accident, you absolutely can sue them if it comes to that. You will likely try other ways to receive compensation before you file an actual lawsuit. Nevertheless, you always retain the option to sue if resolving your case informally is not feasible or in your best interests.
The best way to learn the answer to this question, and anything else you want to know about your accident, is to contact a bicycle accident attorney as soon as possible. On your own, you stand little chance of obtaining total compensation for your injuries. Your bicycle accident lawyer will make your case their own, fighting for you when necessary.
An attorney can gather evidence, negotiate with insurance companies, and represent your interests in court if necessary. They will work tirelessly to build a strong case on your behalf and fight for the compensation you deserve for medical expenses, lost earnings, pain and suffering, and other damages.
If you have yet to contact a bicycle accident attorney, you should do so immediately. Otherwise, your case for compensation may become a longshot. You take no financial risk when you hire a bicycle accident lawyer because they work for you on a contingency basis, meaning they only get paid from the proceeds of your settlement or award if you win your case.
Common Causes of Bicycle Accidents
Bicycle accidents often occur because the driver has made a mistake that puts you in danger. They may not know the traffic laws they must follow or have a complete lack of regard for your safety. The laws of your state give you rights as a cyclist on the roadway. Although you must follow specific regulations, you have every right to a traffic lane and a certain distance between you and a car.
Common causes of bicycle accidents include:
- Following too closely behind a bicycle
- Not allowing enough distance when trying to pass a bicycle
- Speeding
- Not seeing a bicyclist because the driver does not have their eyes on the road
- Reckless driving
- Opening a car door into the path of a passing bicyclist
- Drunk driving
- Making an illegal turn while a bicyclist crossing an intersection
In some cases, you may need further investigation before learning the exact cause of your bicycle accident. Other times, you may need to beat back the insurance company’s attempts to blame you for the accident.
When Is Someone Legally Responsible for a Bicycle Accident?
Negligence is the legal rule that underpins every personal injury case, and bicycle accidents are no exception. The fact that a vehicle hit you while on a bike is not an automatic pathway to a settlement check. Instead, you must prove that someone else is legally accountable before you can talk about how much you may get.
Everyone else around you, especially motorists, owes you a duty of care when you are on the road. They must check their actions to ensure they are reasonable under the circumstances, acting with the level of care that an ordinary driver would. In other words, they must focus on the road and follow all the traffic laws. Reasonable actions include following all laws for sharing the road with bicyclists.
The fact that a driver was doing something wrong when they hit you is still not enough for you to get paid for your injuries. If you are seeking money from the insurance company, you must prove that the driver was negligent. It can be challenging to come up with this proof on your own and present sufficient evidence to show what happened in the accident. If you cannot meet your burden of proof, you will come away empty-handed. Thankfully, you have a bicycle accident lawyer who can accomplish this crucial task on your behalf.
What to Do After a Vehicle Hits You While on a Bike
Many things must happen for you to go from having the ability to sue someone to filing a lawsuit. After your bicycle accident, while you may know what happened, you lack evidence of both what happened to cause the accident and your injuries. Thus, you cannot file an immediate claim because it will certainly not be persuasive. It is crucial to prove the full extent of your injuries and the cause of the accident.
One of the primary things that is under your control is how and when you get medical care. You owe it to yourself to seek medical care immediately and follow your doctor’s recommendations. While you may not be in complete control of your long-term health, you do control the measures that you can take. Further, seeing a doctor and having your injuries fully diagnosed will lay the foundation for a bicycle accident lawyer to estimate the value of your damages. Your bicycle accident attorney needs to review your medical records to determine how much things like your lost earnings and pain and suffering are worth.
The other thing you can control is whether and how to seek legal help in your case. Although your focus is on money, you need the help of an experienced professional to put you in the best possible legal position. Thus, it should be a certainty that you hire a bicycle accident attorney for your case. If timing is a question, you should hire a bicycle accident lawyer as soon as possible because you can never afford to wait too long. Any moment you do not have a bicycle accident attorney representing you is a potential threat to your legal rights.
How to Sue Someone for a Bicycle Accident
Having the legal entitlement to money after a bicycle accident does not mean that you will automatically receive it. You must take affirmative steps before qualifying for compensation and getting payment for your bicycle accident injuries. No matter what course of action you pursue, you must go through the driver’s insurance company before receiving a settlement check. If not, you need a jury to award you money.
The route to compensation that most injured bicyclists pursue is to file a claim with the driver’s insurance company. This process is informal and stops short of filing a lawsuit in court. First, you need to persuade the insurance company that its driver was responsible for the accident by presenting it with evidence of negligence. You can opt to file an informal claim, or your bicycle accident lawyer can advise you to send a formal demand letter.
A claim will trigger a settlement negotiation process if the insurance company accepts responsibility for your accident. If the insurance company eventually settles your claim by offering you the right amount of money, there is no need even to file a lawsuit in the first place.
Unfortunately, you may have to file a bicycle accident lawsuit. The insurance company’s tactics may leave you with no choice, or your bicycle accident attorney may advise you that court is the best place to start. In that case, you must begin the lawsuit by filing a formal complaint and serving it on the other party. Then, you have to proceed through an entire lawsuit process, which can be lengthy and contentious.
However, filing a lawsuit may be your most effective option when the insurance company will not readily pay you the compensation you deserve. Although it may not be ideal for you to pursue financial compensation, you may have no other option.
How Much Is My Bicycle Accident Case Worth?
You know you need compensation when you have suffered an injury by someone else’s negligence, but you likely have no idea of your case’s actual value. You may significantly underestimate how much you may be eligible to receive because you do not understand certain legal concepts at play in your case. For example, the average person has little idea that pain and suffering damages exist, let alone knowing exactly how to value them.
The one essential concept you need to know in every bicycle accident case is that the responsible party must fully compensate you for every injury you have suffered. The word “injury” is far broader than you may think. An injury can be any harm to your person, emotions, or any way you have suffered because of your bicycle accident. Then, you must receive compensation for all the individual consequences and ramifications of these injuries.
Your bicycle accident compensation may include the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Embarrassment and humiliation
Your compensation pays you back for losses you have already experienced and what you will endure in the future. Thus, it is crucial that you not only have an exact estimate of your damages but also that you can prove them if someone questions you. Insurance companies will likely believe that your actual damages are lower than you claim, and it is your bicycle accident lawyer’s job to persuade them otherwise. Ultimately, a settlement agreement results from a lengthy negotiation between your bicycle accident lawyer and the insurance company.
Why You Need a Lawyer for a Bicycle Accident
Your financial compensation from a bicycle accident means everything to your financial future. However, to the insurance company, it means a chance to try to save money at your expense. It is best to have someone with experience and the ability to hold the insurance company accountable in your corner at all times. A bicycle accident lawyer’s job is to look out for your interests and to work to get you the highest amount of compensation for your injuries.
Your bicycle accident lawyer begins their work as soon as you hire them for your case. Many accident victims do not even know their legal rights after they have suffered an injury. They may not know the first thing about the legal process or how they can even obtain compensation for their injuries. Then, they may not understand how an insurance company operates when seeking their money. When you speak with a bicycle accident lawyer, they will inform you of your legal rights and the potential pathways to financial compensation.
When dealing with any insurance company, it is not an understatement to say that you need someone fighting for you. The insurance company is not there to look out for your interests, but your bicycle accident lawyer is. They will not hesitate to take decisive action on your behalf if necessary, including filing a lawsuit.
How Much Does a Bicycle Accident Lawyer Cost?
You should not worry about the price of a bicycle accident attorney because legal help for bike accident victims costs you nothing upfront. Your lawyer will work for you on a contingency fee basis, meaning you only take on an obligation to pay them if you receive a settlement check or win your case in court. In the meantime, you will not have to write them a check for their time and services.
This arrangement allows individuals who may not have the financial means to afford legal representation upfront to seek justice and hold negligent parties accountable. All it takes to hire an attorney is your contract signature, which promises they will only get paid if you win. Thus, there are no financial impediments to getting the help you need to take on the insurance company and win.
By seeking legal representation, you can increase your chances of obtaining the compensation you have a legal right to, and your lawyer will protect your rights throughout the process. If you have suffered an injury in a bicycle accident, contact a Boonville personal injury lawyer to ensure you receive all of the money you deserve so you can focus on your recovery.
