There are several risks associated with biking. Even if you do everything right: wear a helmet, obey the rules of the road, follow traffic, stay alert, etc., you are still at risk for a serious bicycle accident. A bicycle accident and the subsequent recovery process can be long, painful, and confusing. At Advocai, we provide free consultations to help you understand your rights after a bicycle accident as well as the value of your claim.
Common Causes of Bicycle Accidents
Some common types of cycling accidents involve:
- A vehicle side swiping a cyclist;
- A vehicle door suddenly opening onto the path of an oncoming cyclist;
- A vehicle rear-ending a cyclist;
- A driver turning into a cyclist while making a right turn;
- A collision between cyclists.
Other causes of bicycle accidents can include:
- Driver inattention and distraction;
- Speeding;
- Weather;
- Potholes;
- Reckless driving.
Potential Injuries from Bicycle Accidents
Bicycle accident injuries range from relatively minor to serious and they can be life-altering. Potential injuries from cycling accidents include:
- Traumatic brain injuries;
- Spinal cord injuries;
- Fractures and broken bones;
- Contusions, abrasions, and road rash;
- Lacerations;
- Scars and disfigurement;
- Soft tissue injuries;
- Back, neck and shoulder injuries;
- Knee, foot and ankle injuries;
- Internal injuries;
- Limb loss;
- Other Injuries or impairments
At Advocai, we understand the serious impact that a cycling accident can have on an individual and his or her family. We are committed to helping you recover compensation for your injuries.
What Happens if you get Hit by a Car When you are on a Bike?
When you are hit by a car while on a bicycle, you are considered to be a pedestrian. When you are hit by a car as a pedestrian, there is a presumption that the driver was at fault for the accident. This means that in law the onus is on the driver of the car to prove that they were not at fault.
It is important that a cyclist abide by the rules of the road. They should ride safely; using proper hand signals, stopping at lights, not weave through traffic, and wear a helmet. While the presumption is that the driver was at fault, if a cyclist is found to have been negligent while cycling and partially at fault for the accident, it will decrease the amount of compensation which he or she is entitled to.
It is therefore extremely important to obtain as much information about the accident as possible- preferably immediately after the accident. You should obtain the driver’s license information, the license plate of the vehicle, the driver’s insurance information, and the contact information of any witnesses to the accident. You should also contact the police as soon as possible. In the event that you must go to the hospital for injuries sustained, it is important to obtain and preserve any medical documentation of your injuries- this will assist in the claims process.
The Claims Process
You can receive compensation for a bicycle accident through two different avenues. The first is through Accident Benefits, the second is a lawsuit against the at-fault driver.
When injured in a bicycle accident, if you own a vehicle, accident benefits are obtained through your own insurance policy. Benefits are obtained through the driver’s insurance policy if you do not have insurance. Insurance can pay a percentage of lost wages for a period of two years after an accident if you have been rendered unable to work at your job. This can also be extended for life if you are rendered unable to work in your profession. This means that if you can no longer do your job and can’t do a different job in the same line of work that you are trained to do, you can receive a percentage of lost wages for life. Benefits are also available if you were not earning an income. It is important to note that accident benefits are available regardless of who is at fault.
If neither you nor the driver is insured, or you were unable to identify the driver because of a hit-and-run, you may be able to make a benefits claim under the Motor Vehicle Accident Claims Fund.
A lawsuit against the at-fault person is known in the legal community as a tort claim; you are suing the negligent driver. Receiving compensation through a tort claim is in addition to any Accident Benefits which you may receive. With bicycle accidents, you can file a lawsuit for pain and suffering, healthcare expenses, and other associated expenses.
Why you Need a Personal Injury Lawyer After a Bicycle Accident
Going through the claims process without a lawyer is an unwise decision. The claims process can be complicated, tedious, and adversarial. Insurance companies don’t want to have to pay for everything that you require; their primary concern is minimizing their costs. In order for you to be on even ground, you need a lawyer skilled in negotiation and ready to fight for your interests so as to maximize the compensation that you are entitled to. A person who has suffered injuries in a bicycle accident should be focused on their own recovery rather than fighting with the insurance company.
When it comes to lawsuits, it is vital to hire a personal injury lawyer as soon as possible. If you are injured and undertake to handle the claims process on your own, the insurance company of the driver will deal with you directly and attempt to undermine your case. They will attempt to elicit information from you which will either adversely affect the amount of compensation that you are entitled to receive or prevent you from pursuing a lawsuit.
After a bicycle accident, police may not speak with you about what happened because you are injured and seeking medical care. They will often instead speak with the driver- who may give a completely different version of events so as to reduce their own liability. This may harm your potential lawsuit against the driver. We will assist in ensuring that the true story behind what happened is what goes on record for any potential lawsuit. We will locate and interview witnesses, consult with medical experts, and fight to ensure that the official police report is accurate.
At Advocai, we are experienced cycle accident lawyers. We will guide you through the entire process so that you can focus on getting better. We will ensure that you receive the maximum amount of compensation with your accident benefits claim and your lawsuit against the driver. We have a team of experts and investigators who are ready to work for you so that you don’t have to go through the process alone and unprepared. Remember, we work on contingency. This means that we only get paid if you do.
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Contact us for more information about our services and to discuss your claim.