Riding a bicycle is a popular way to commute, exercise, or just enjoy the outdoors. However, bicycles provide little protection in the event of an accident.
Even a relatively minor bicycle accident can result in serious injuries that lead to mounting medical bills and lost income.
If you have suffered injuries in a bicycle accident that was caused by another party, consulting with a bicycle accident attorney can help you understand your legal options.
Introduction
Bicycle accidents most often occur due to negligence of automobile drivers, poor roadway conditions, or bicycle defects. Many bicycle accident victims are left facing overwhelming medical expenses, lost wages from missing work, pain and suffering, and even permanent disabilities. An experienced bicycle accident lawyer can investigate your accident, build a strong case to prove negligence or liability, and fight for full and fair compensation for your injuries, damages and losses.
This guide explains when to hire a bicycle accident attorney, how they can help build and negotiate your injury claim, what compensation you may recover, and answers some frequently asked questions about these specialised personal injury lawyers.
When to Hire a Bicycle Accident Attorney
After any bicycle crash causing significant injuries, it is advisable to consult with a qualified bicycle accident lawyer before speaking to insurance companies or signing any settlement agreements. An attorney can start investigating immediately to preserve fleeting evidence, identify all potentially liable parties, and protect your legal rights.
They will determine if your accident involved negligence and assess the full extent of damages you have suffered. Making a formal injury claim or lawsuit allows you to pursue compensation for much more than just immediate medical bills. An experienced attorney will also negotiate strongly on your behalf to maximise your settlement or court award.
How a Bicycle Accident Lawyer Can Help
Bicycle injury cases can be complex and difficult to prove. Specialised personal injury attorneys have the legal experience and resources to improve your chances of a successful claim and recovering maximum compensation. Services a qualified lawyer can provide include:
- Performing a thorough investigation of your accident to identify factors causing the crash and all potentially liable parties involved, such as drivers, government agencies, manufacturers etc. Evidence gathering can include reviewing police reports, obtaining witness statements, preserving video footage, recreating the accident scene, hiring expert consultants etc.
- Assessing damages and calculating losses to include in your injury claim. This can incorporate medical expenses, lost income, loss of future earning capacity, pain and suffering damages, cost of rehabilitation therapies, permanent disability, loss of enjoyment/quality of life, property damage, and other expenses caused directly by the accident and injuries.
- Negotiating strongly with insurance companies. Attorneys serve as experienced legal advocates, dealing directly with insurers and aggressively negotiating fair settlement offers. They know ways to maximize claim value under insurance policies. If reasonable settlement is not reached, skilled litigators are prepared to file a lawsuit on your behalf.
- If a lawsuit is necessary, bicycle accident lawyers manage the entire legal process for you. They draft pleadings, develop litigation strategy, conduct legal research, submit briefs, appear in court on your behalf, thoroughly prepare for trial, cross examine witnesses etc. Their courtroom and trial experience improves chances of a favorable verdict or judgement.
- Legal advice and client support throughout the case. Attorneys will also educate you about injury laws, review settlement agreements, and ensure your rights and best interests are protected at all stages. Many only collect legal fees if compensation is successfully recovered for you.
What Can I Recover After a Bicycle Accident?
The specific compensation or damages bicycle accident victims can recover depends on laws in your state and the unique details of your case. With an attorney’s assistance though, most injury claims seek economic and non-economic damages including:
Economic Damages
- Past and future medical bills
- Rehabilitation services like physical therapy
- Lost past and future wages
- Loss of future earning capacity
- Prescription drugs, medical devices and modifications
- Long term care expenses
Non-economic Damages
- Pain and suffering
- Loss of enjoyment and quality of life
- Disfigurement or permanent scars
- Emotional distress
- Loss of companionship or consortium
- Other hardships caused by accident
Your bicycle accident attorney will thoroughly investigate culpability and aggressively fight to prove a causal link between the liable party’s negligence and your injuries and damages. This establishes a legal basis for receiving compensation.
They will also consult with medical experts to assess injuries, treatment needs and costs. Documenting the full extent of past and future accident-related effects is vital for maximising your claim’s value.
5 Frequently Asked Questions About Bicycle Accident Lawyers
1. Do I really need an attorney after a minor bicycle crash?
Even if your injuries seem insignificant immediately after an accident, it is wise to at least consult with a bicycle injury attorney before talking to insurers or signing settlements. Symptoms of some injuries worsen over time, and legal options become limited once certain actions are taken. An experienced lawyer can fully evaluate your case details.
2. How much do bicycle accident attorneys charge for their services?
Most personal injury attorneys work on a contingent fee basis for bicycle accident cases. This means you pay nothing upfront. Their fee is typically a pre-arranged percentage of the claim’s eventual settlement or court award.
If no compensation is recovered, no legal fees are owed. Agreements range from 25% to 40% on average. Costs are also taken from the recovery amount.
3. Can I file a lawsuit if the driver who hit me doesn’t have car insurance?
Yes. Uninsured or underinsured motorist coverage often exists under your own auto policy that can apply after bicycle crashes. An attorney can investigate this option along with the possibility of suing the at-fault driver personally. Other options if assets are limited include requesting state funding for hit-and-run accidents or victims of uninsured drivers.
4. Am I less likely to receive compensation if I was partially at fault in the accident?
Most states follow modified comparative negligence rules. So long as you were not more than 50% at fault, you can still recover injury damages from other liable parties in proportion to percentages assessed. An experienced bicycle accident lawyer will fight to minimize any contributory negligence assigned to you.
5. How long do I have to file a bicycle injury claim in court?
Deadlines vary significantly by state. Most fall in a 1 to 6 year range depending on type of claim and defendant. To preserve rights, consult with a qualified attorney as soon as possible and avoid exceeding strict statutes of limitations. Proper legal action may still be an option even if police report was not filed originally.
Conclusion
Suffering serious injuries in a preventable bicycle accident can be devastating physically, emotionally and financially. Working with an experienced bicycle accident attorney levels the playing field against insurance companies, drives investigations to prove fault and causality, and fights relentlessly towards securing you maximum compensation for all accident related damages. They can make the legal and claims process much less stressful while you focus energy on recovery.