With numerous road accidents happening every day, we don’t need to tell you just how dangerous it is to operate any type of a vehicle. Collisions occur for all kinds of reasons but most of the time they happen due to drivers being distracted and not paying attention on the road ahead. Bicyclists are especially vulnerable given the fact that they are the least protected in traffic.
However, not every accident is a reason to file a lawsuit. To start a legal battle, your injuries need to be a product of someone’s negligence. Depending on the circumstances surrounding the accident, you will be able to establish your legal options.
Type of Bicycle Accidents
The road mishaps regarding bicyclists happen for a variety of reasons. Among the predominant ones is so-called ‘car-dooring’. It might sound unusual but there is a significant percentage of bicycle drivers who get injured because people exiting a car are not paying attention. The number is so striking that in 1995, the laws were improved to cover these types of accidents.
Many are not aware of this and are missing the opportunity to ask for rightful compensation. Lawsuits are complex, especially those dealing with cyclists, that’s why you’ll need an attorney who is experienced with cases like this. They will be able to assess whether you have a case at all, what this process entails, and how much it will cost.
Potholes are also a serious problem for cyclists. However, differently from ‘car-dooring’, injuries caused by damaged roads are covered by public liability insurance. For this type of case to be successful, you need to prove your injuries or any kind of loss that happened due to poorly maintained roads.
The majority of life-threatening injuries for those riding a bicycle happen when they get hit by a moving vehicle. All the consequences in this situation are the liability of a negligent party. So, to file for a lawsuit as a cyclist, you need to suffer physical damage at no fault of your own.
How to Get Compensation
If you had a collision with a car and sustained injuries, you can avoid going to court all together. You can get compensation by filing a claim with a driver’s insurance carrier and reach a settlement which will be agreeable for all parties involved.
Often referred as “third party claim”, this will allow you to get compensation for the medical treatment you had to undertake, any lost income, repair or replacement of your bicycle, and emotional pain and suffering. You will be glad to hear that most bicycle-car accident cases are handled this way.
Finding yourself in the middle of something like this can be quite nerve-racking and exhausting. That’s why it’s important what are the appropriate steps you should take in this sort of a situation. This is especially true if this means appearing in court.
What Should You Do?
First and foremost, make sure you get checked up by a doctor. Your health is number one priority. Even if you think medical help is not necessary, visiting a physician is important to avoid any possible complications in the future.
After that, you need to gather all the documents. Things like medical bills and records, photos of the scene of the collision and your injuries, as well as police reports, will be important in proving other parties liable.
The next step is to find a lawyer. It would be the best to find someone who has already handled lawsuits of this kind. You want someone who will be able to explain to you the ins and outs of this legal process. A professional who will be able to answer your questions regarding your chances of winning, the amount you can expect to get, and the costs of starting a court case. Also, if you have sustained minor scrapes and bruises, you will probably be advised not to enter something like this.
It’s important to understand that procedures are fairly difficult and complex to prove. Starting a case in court will cost you money as well as your time and energy. That’s why it’s an absolute must to be in good physical and mental health before you start this procedure.
These are some of the basics you need to understand before you file a personal injury lawsuit. As a cyclist, you are especially susceptible to experience serious injuries. This means high medical bills and being absent from work which can affect your income.
So, it’s only logical to ask for compensation from the person whose negligence put you in that situation. Make sure you gather all the necessary documentation and find yourself a qualified attorney to handle the case.
