Being struck by a vehicle while riding your bike can be a terrifying and disorienting experience. If this has happened to you, it is completely understandable to feel frightened, in pain, and unsure of what to do next. As you recover, you may be facing mounting medical bills and an inability to work, all while trying to heal from your injuries.
A dedicated Billings bicycle accident attorney can help you understand your rights and seek accountability and compensation.
At Rimrock Law, we understand the unique vulnerabilities of cyclists on our roads. A collision that might be a fender bender for two cars can be life-altering for a person on a bicycle. Our team is dedicated to advocating for injured cyclists in Billings and across Montana. We handle your claim so you can focus on what matters most: your recovery. For us, it’s personal. We are committed to helping you find a way forward after a serious injury.
Our dedicated injury lawyers are here to help you understand your rights and options, allowing you to focus on what matters most: your recovery.
Why Choose Rimrock Law for Your Billings Bicycle Accident Claim
Choosing legal representation after a traumatic event is a significant decision. You need a team that not only understands Montana's intricate legal landscape but also genuinely cares about your well-being. At Rimrock Law, we believe our role is to be your advocate, allowing you to focus on what matters most: your recovery. We approach every case with a commitment to providing compassionate and determined support for our clients.
Here’s how our team stands ready to help you:
- Focused on Your Recovery: We handle the complexities of your claim so you can concentrate on healing. We believe our clients’ primary job is to get better, and our job is to manage the legal burdens.
- Deep Knowledge of Montana Law: We have a thorough understanding of the state laws that affect bicycle accident claims, from traffic regulations to insurance policies. This knowledge is crucial for building a strong case on your behalf.
- A Team-Based Approach: Our lawyers collaborate on cases, bringing together our collective experience and insights to strengthen your claim. You get the benefit of multiple legal minds working together to find the best path forward for you.
When we take on your case, we are committing to being your partner through this challenging time. Our goal is to lift the weight off your shoulders so you can look toward the future with hope.
Do I Have a Bicycle Accident Case?
This is one of the most common and important questions we hear. The answer generally depends on a legal concept called negligence. Negligence is a legal term that simply means someone failed to act with reasonable care, and that failure caused harm to another person.
In Montana, to have a successful personal injury claim after a bicycle accident, you and your legal team must demonstrate that the other party was negligent.
Proving negligence requires establishing four key elements. Think of them as building blocks; you need all four to construct a solid case. Your Billings bicycle accident attorney can help gather the evidence needed to support each one.
The four elements are:
- Duty of Care: The other person (usually the driver of the motor vehicle) had a legal responsibility to act with a certain level of caution to avoid harming others. All drivers on Montana roads have a duty to operate their vehicles safely and watch out for cyclists.
- Breach of Duty: The person failed to meet that duty of care. This could mean they were speeding, texting while driving, failed to yield the right-of-way, or violated another traffic law.
- Causation: This breach of duty directly caused your injuries. You have to show that if the driver had been paying attention or following the rules, the accident and your injuries would not have happened.
- Damages: You suffered actual harm as a result of the accident. Damages can include physical injuries, emotional distress, medical expenses, lost income, and damage to your bicycle and other property.
Successfully demonstrating these four elements is the foundation of a strong bicycle accident claim. It allows you to hold the responsible party accountable for the consequences of their actions.
What if I’m Partly to Blame for My Injuries?
It’s natural to replay the accident in your mind and wonder if you could have done something differently. Maybe you weren’t wearing a helmet, or perhaps you made a sudden turn without signaling. It’s important to understand that even if you feel you might share some responsibility for the accident, you may still be able to recover compensation for your injuries.
Montana follows a legal rule called modified comparative negligence. This sounds complicated, but the idea is fairly straightforward.
According to the Montana Code Annotated § 27-1-702, you can still seek compensation from another party as long as your share of the fault is not 51% or more. If you are found to be partially at fault, the amount of compensation you can receive will be reduced by your percentage of fault.
For example:
- If you are found to be 20% at fault for the accident, your final award would be reduced by 20%.
- However, if you are found to be 51% or more at fault, you would be barred from recovering any compensation at all.
Insurance companies may try to use any admission of fault, no matter how small, to deny your claim or argue you deserve nothing. This is why it is so important not to discuss fault with an insurance adjuster before speaking with a bicycle accident lawyer who can protect your rights and present the facts in the proper context.
The Insurance Company Made Me an Offer. Should I Take It?
After an accident, you will likely be contacted by an insurance adjuster from the at-fault driver’s insurance company. They might sound friendly and concerned and even offer you a quick settlement. While it can be tempting to accept an offer and put the ordeal behind you, especially when bills are piling up, it is almost always a good idea to pause and seek legal guidance first.
Insurance companies are businesses, and their primary goal is to protect their bottom line by paying out as little as possible on claims. The first offer they make is often far less than what your claim is actually worth. It likely doesn't account for the full extent of your injuries, future medical needs, or the total impact the accident will have on your life.
Insurance adjusters may use several tactics to convince you to accept a low offer:
- Pressuring you for a quick decision: They might suggest the offer is only available for a limited time to rush you into settling before you understand the full scope of your damages.
- Asking for a recorded statement: They may ask to record your conversation, hoping you will say something they can use against you later, such as downplaying your injuries or unintentionally admitting some fault. You are not required to provide a recorded statement.
- Discouraging you from hiring a lawyer: An adjuster might imply that getting a lawyer involved will only complicate things or slow down the process. In reality, an experienced lawyer can level the playing field and advocate for your best interests.
Accepting a settlement offer is final. Once you sign the release, you give up your right to seek any further compensation for your injuries, even if you discover later that they are more severe than you initially thought. A knowledgeable attorney can evaluate the offer, calculate the true value of your claim, and negotiate with the insurance company on your behalf.
Compensation Available to Bicycle Accident Victims in Billings
No amount of money can undo the trauma of an accident, but fair compensation can provide the financial stability you need to heal and move forward. In a successful bicycle accident claim, you may be able to recover compensation for a wide range of losses, which are often referred to as "damages."
An experienced Billings bicycle accident lawyer can help you identify and calculate all potential damages related to your case.
Some of the types of compensation you may be eligible to recover include:
- Medical Expenses: This covers all costs related to your medical care, including emergency room visits, hospital stays, surgeries, physical therapy, prescription medications, and any future medical treatment you may need.
- Lost Income and Earning Capacity: If your injuries have caused you to miss work, you can be compensated for the income you have lost. If your injuries are permanent and affect your ability to earn a living in the future, you may also be compensated for this loss of future earning capacity.
- Pain and Suffering: This compensates you for the physical pain, emotional distress, anxiety, and mental anguish you have experienced as a result of the accident and your injuries.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or aspects of daily life that you once enjoyed, you can be compensated for this loss.
- Property Damage: This includes the cost to repair or replace your bicycle, helmet, and any other personal property that was damaged in the crash.
Documenting all of these losses is a critical part of building a strong claim. Keeping detailed records of your medical treatments, expenses, and how your injuries are affecting your daily life can be incredibly valuable.
FAQ for Billings Bicycle Accident Lawyer
We understand you have many questions right now, and finding clear answers is an important first step. Here are some answers to frequently asked questions we hear from people in your situation.
How long do I have to file a bicycle accident claim in Montana?
In Montana, the time limit for filing a personal injury lawsuit, known as the statute of limitations, is generally three years from the date of the accident. For property damage claims, the limit is two years. It is very important to be aware of these deadlines, because if you miss them, you may lose your right to seek compensation forever.
What should I do with my damaged bicycle and gear?
Do not throw away your damaged bicycle, helmet, or any torn clothing. This is important evidence. Keep everything in a safe place, and take clear photos of the damage from multiple angles. Your damaged property can help demonstrate the force and nature of the impact.
Do I need a police report to file a claim?
While a police report is not legally required to file a claim, it is extremely helpful. The report contains important information, such as the contact details of the parties involved, witness statements, and the officer’s initial observations about how the accident occurred. If a report was filed, obtaining a copy is a key step. The National Highway Traffic Safety Administration (NHTSA) often emphasizes the importance of official reports in establishing accident facts.
What if a road hazard, like a pothole, caused my accident?
If your accident was caused by a dangerous road condition, such as a large pothole, unmarked construction, or poor road design, you may have a claim against a government entity. These cases have very specific rules and much shorter deadlines for filing a notice of claim, sometimes as short as 120 days. It is critical to contact a lawyer immediately if you believe a road hazard caused your crash.
Will my bicycle accident case go to court?
The majority of personal injury cases are settled out of court through negotiations between your lawyer and the insurance company. However, if the insurance company refuses to make a fair settlement offer, a lawsuit may be necessary. At Rimrock Law, we prepare every case as if it will go to trial, ensuring we are ready to fight for you in court if that is what it takes to achieve a just outcome.
Contact Rimrock Law’s Trusted Billings Bicycle Accident Lawyers Today
You have been through enough. While you focus on healing, let our team focus on seeking the accountability and financial resources you need to rebuild your life. The personal injury lawyers serving in Billings, MT at Rimrock Law are committed to being your dedicated advocates every step of the way. We understand the challenges you are facing, and we are here to provide support and guidance throughout the legal process.
If you or a loved one has been injured in a bicycle accident in Billings or anywhere in Montana, please reach out to us at (406) 606-1650 or through our online form. We offer a free, no-obligation consultation to discuss your situation, answer your questions, and explain your legal options. Let us help you set the bar for your recovery.