Sustaining an injury on a bike is a terrifying experience that can leave you injured, overwhelmed, and unsure of the next steps. Riders lack the enclosed protection of passenger vehicles, which is why victims sustain severe injuries or fatalities.
In many cases, bike accidents occur due to negligent drivers who disregard the safety of riders. Even so, obtaining compensation isn’t always straightforward. Insurance companies may downplay your injuries, shift blame, or pressure you to accept low settlement offers.
Working with a legal professional after a bike crash can make a difference. An experienced Billings bicycle accident attorney can explain your legal rights, gather evidence, and initiate a compensation claim against the at-fault party.
Can You Sue if You Get Hit by a Car on a Bike
You can initiate legal action if you sustain an injury in a bike accident.
Here are four reasons why you can initiate a lawsuit:
Negligence of the Driver
When a driver hits a cyclist, they are often considered negligent. Drivers must drive safely and watch for pedestrians and cyclists sharing the road.
If a driver fails to adhere to traffic laws or acts recklessly, causing an accident with a cyclist, they can be held liable for the resulting injuries and damages. An experienced bike accident lawyer can help gather evidence to prove the driver’s negligence and build a strong compensation case.
Violation of Traffic Laws
In many bicycle-car collisions, the driver may have violated traffic laws, leading to the accident. Whether speeding, impaired driving, running a red light, reckless driving, or failing to yield to cyclists, these violations can strengthen your case for compensation.
An experienced bike accident attorney understands the applicable traffic laws and can help sue the negligent party.
Injuries and Damages
If you’ve been hit by a car while riding your bike, you may have sustained injuries that require medical treatment and rehabilitation. In addition to physical injuries, you may also face emotional trauma and lost income.
You can sue the negligent party to recover compensation for these damages and relieve the financial burden of someone else’s negligence. A bicycle accident lawyer can help assess the full extent of your damages and negotiate a fair settlement with the at-fault party’s insurance company.
Insurance Bad Faith
When involved in a bicycle accident caused by someone else’s negligence, you may rightfully seek compensation through their insurance. However, if the at-fault party’s insurer acts in bad faith, it can hinder your claim process.
Insurance bad faith occurs when an insurance company unjustly and knowingly denies or delays a valid claim. Sometimes, the insurer may make a low settlement offer, hoping you’ll accept and move on without objections.
An experienced bike accident attorney can file a lawsuit to increase your chances of receiving compensation for your losses. A lawsuit allows for a neutral assessment of the claim, contributing to a positive outcome.
What to Do if You Get Hit by a Car on a Bike?
Your actions after a bicycle accident can enhance your wellness and protect your legal rights. Here’s what you can do if you get hit by a car on a bike:
Seek Immediate Medical Attention
You should seek immediate medical attention after being hit by a car while riding a bike.
Even if you feel fine or believe your injuries are minor, some injuries may not manifest immediate symptoms. For instance, internal bleeding or whiplash injuries can take hours or days to become apparent.
An evaluation by a healthcare provider can reveal hidden injuries and initiate a treatment plan. Moreover, a healthcare provider will document your injuries and treatment plan. A bike accident lawyer can use medical records to prove your injuries and support your compensation claim.
Additionally, delaying medical treatment can be used against you by insurance companies or the opposing party, who may argue that your injuries were not a result of the accident.
File a Police Accident Report
After being involved in a bike accident, one of the first steps you should take is to file a police accident report. While it may seem like a hassle at the time, a police crash report helps document the details of the accident.
The crash report is an official record of the incident, a foundation for any potential legal claims or insurance disputes that may arise in the future.
The police accident report includes key information such as:
- Date, time, and location of the accident
- Names, contact information, license numbers, and insurance information of the parties involved
- Vehicle details
- Witness statements
- Description of the accident
- Traffic citations or violations
- Notes of visible injuries and property damage
A bicycle accident lawyer can use a police accident report to establish liability and hold the at-fault party accountable for their actions.
Notify The Insurance About the Crash
You should notify the insurer after sustaining an injury in a bike accident, even if the other party has agreed to pay for the losses out of pocket. Many insurers require their policyholder to notify them about a crash within a specific timeline. You do not know what the settlement amount should be at the time of the accident.
Most importantly, do not agree to settle or negotiate without the support of a bicycle accident lawyer. Many insurers make low settlement offers that barely cover your losses, hoping you’ll accept them without objections. A bike accident attorney will ensure you don’t fall victim to those tactics.
A bike accident attorney can evaluate the offer and discuss with you whether to accept or push for a better offer.
Consult a Bike Accident Attorney
After a bike accident, the aftermath can be overwhelming, especially when dealing with injuries, insurance claims, and legal proceedings. Consulting a bicycle accident attorney should be a top priority to protect your rights and overcome the legal proceedings.
An experienced bike accident lawyer understands these claims’ fine details, including the specific laws and regulations. They can offer invaluable guidance on gathering evidence, communicating with insurance companies, and pursuing compensation for damages.
Moreover, a skilled attorney understands the tactics insurance companies may use to minimize their financial obligation. When you work with an experienced bike accident attorney, you can level the playing field and protect your right to compensation during the claim process.
A skilled lawyer will fight to secure the maximum compensation you deserve, allowing you to focus on your recovery without added stress.
How Much Can You Sue for a Bicycle Accident
There is no average value you can sue for a bike accident. The outcome depends on the facts and circumstances of the crash.
Some of the factors that influence the value of an accident award include:
Shared Liability
When determining the value of a bike accident lawsuit, shared liability can influence the value of your claim. Shared liability refers to situations where both parties involved in the accident share some degree of fault.
You should note how shared liability can impact your case and the potential compensation you may receive. That’s why it’s risky to go it alone after a bike accident. An experienced bicycle accident attorney can gather evidence to support your claim and negotiate with insurance companies to ensure you receive fair compensation for your losses and are not wrongly blamed for the accident.
Availability of Evidence
Although you may be entitled to compensation, you require proof to demonstrate the negligent action of the at-fault party. Therefore, evidence is the foundation of a strong legal claim against the at-fault party.
The more sources of evidence you have, the higher your chances of receiving a fair settlement value.
Here are the sources of evidence that can enhance the value of a bike accident lawsuit:
- Witness Statements: Eyewitness accounts can provide details about the accident, such as the sequence of events and who was at fault. These statements can add credibility to your version of the events.
- Police Reports: Official police reports document the details of the accident, including any citations issued and statements made at the scene.
- Medical Records: Your medical records can demonstrate the extent of your injuries and the treatment you have received. These records also quantify the medical expenses associated with the injury.
- Photographs and Videos: Visual evidence, such as photos of the accident scene, damage to the bike, and your injuries, can provide a clear picture of what happened.
- Expert Analysis: Testimony from accident reconstruction specialists or medical experts can provide professional opinions on how the accident occurred or the impact of your injuries. The findings of an expert can strengthen your case.
- Financial Documentation: Keeping receipts, medical bills, invoices, and out-of-pocket expenses related to the accident can help calculate the economic impact of the incident.
- Personal Journal: Documenting your daily struggles, emotional distress, and physical pain can provide a clear picture of the impact the accident has had on your life.
A bike accident lawyer can compile and present different sources of evidence to increase your chances of receiving a fair settlement value for your losses.
Severity of Injury
The severity of an injury can influence the value of a bicycle accident lawsuit. The more severe the injury, the higher the potential compensation.
For instance, let’s consider two scenarios: In one case, a rider suffers minor injuries such as bruises and scrapes after being hit by a vehicle. In the second case, another rider sustains severe injuries like multiple fractures and head trauma in a similar accident.
The second scenario is likely to result in a significantly higher settlement due to the more serious nature of the injuries.
The financial burden on a severely injured victim tends to be higher, leading to increased compensation to cover past and future expenses. Additionally, the emotional and physical toll of severe injuries has an impact during negotiations or trials, resulting in a higher settlement to address the victim’s suffering and trauma.
Legal Representation
You’re likely to face stiff resistance from the defense attorney of the negligent party. For example, they are likely to question the severity of your injury or place the blame on you.
Therefore, quality legal representation from a bike accident attorney can make a difference in the outcome of your lawsuit.
Here’s how legal representation can impact the value of a lawsuit:
- Legal Knowledge: A bike accident lawyer understands the personal injury laws and regulations that apply to your claim. For example, they can initiate a timely legal claim so you don’t lose your right to compensation based on the statute of limitations.
- Negotiation Skills: An experienced lawyer is an adept negotiator who can engage with insurance companies and opposing parties on your behalf. Their negotiation skills can lead to higher settlement amounts or favorable outcomes in court.
- Case Preparation: From collecting medical records to consulting accident reconstruction experts, a bike accident lawyer has the resources and know-how to prepare lawsuits. Adequate preparation by a legal professional can strengthen your position in negotiations or at trial.
Get the Compensation You Deserve With A Seasoned Bicycle Accident Attorney
If you or a loved one has been hit on a bike and have suffered injuries, contacting a bike accident attorney is always in your best interest. They will assess your case and explain the next steps.
Being hit on a bike can cause serious and sometimes, life-long injuries. You’re also likely to endure a worsening quality of life after sustaining an injury in a bike accident. For example, an amputated arm can prevent you from doing your job or participating in swimming, your favorite hobby. These are life changing events.
While you may be entitled to compensation for these losses, you must demonstrate why the negligent actions of the at-fault party led to the accident. You should always work with a legal representative who’ll tirelessly protect your legal rights.
A Montana personal injury attorney can prepare a strong claim, negotiate with insurers, or litigate the matter in pursuit of a fair settlement value if necessary. Get in touch with an accident injury lawyer to understand your legal options.