In one fleeting moment, a bicycle accident can irrevocably change your life. This is often the case in accidents involving cars and trucks. Sometimes, these accidents are caused by the carelessness of bicycle riders themselves, leaving them with limited options for recovering compensation. However, more frequently, bicyclists are injured due to the negligence of other motorists, making them eligible for compensation. The negligent behavior and failure of the other party to uphold their duty of care toward you as a bicycle rider can be legally compensated under local laws. The Centers for Disease Control and Prevention estimate that nearly 1,000 bicyclists die every year in the United States.
If you have been injured in a bike accident, you may have come across information suggesting that you can take legal action against the party responsible for your injuries to seek monetary compensation. While considering this, you may wonder whether you have a chance of recovering all the tangible and intangible losses you have incurred. The good news is that you may qualify for compensation, but only if you can prove that the defendant or the at-fault party bears more than 50% responsibility for the accident. In other words, your degree of fault must be less than 50% for you to be eligible for compensation. A qualified Galveston bicycle accident lawyer can assist you in dealing with the aftermath of your crash, enabling you to focus on recovery and your well-being. Consult one of our knowledgeable personal injury attorneys to learn more about your options.
The process for a bicycle accident case typically follows the same steps as any other personal injury lawsuit. The process starts immediately after the crash itself, so the actions you take in the immediate aftermath can significantly impact the outcome of your case. If you are physically able, it is crucial to protect your legal rights by staying at the scene and gathering as much information as possible. Obtain the names and contact information of all parties involved, including eyewitnesses. An experienced attorney can guide you through these crucial steps and help you avoid critical mistakes after your bike crash.
It is common for bicycle accident victims to believe they are not injured immediately after the crash, only to experience aches and pains the following day. Some injuries may not be immediately apparent and require medical evaluation. Therefore, it is important to have a doctor conduct tests, especially if you sense that something is not right. Additionally, it is crucial to follow through with the doctor’s recommended treatment plans. Without proper medical documentation, insurance companies may deny your compensation claim, arguing that your injuries are not serious or pre-existing.
While it is necessary to inform insurance companies about the cycling accident, you should refrain from discussing the details of your case without legal representation present. Furthermore, insurance adjusters often ask injured victims to complete forms and documents that are often complex and difficult for an average person to comprehend. As a result, victims unknowingly sign away their legal rights. To protect against such acts of bad faith, you should avoid communicating with insurance companies or their representatives without the guidance of an attorney.
It is natural for a bicycle rider to feel remorseful when an accident occurs. However, this does not mean you should admit fault when the crash was a result of the driver’s carelessness or negligence. For instance, if the braking system of your bicycle malfunctioned, leading to a collision with a distracted driver, you may feel as though you were responsible for the accident. However, hastily accepting fault in this situation is ill-advised. Instead, it is advisable to retain a seasoned attorney who can investigate your case and potentially file a product liability claim against the bicycle manufacturer.
Like in any other personal injury case, there are two primary methods by which you can reach a settlement for your bicycle accident. Prior to going to court, your cycling injury attorney will engage in negotiations with the defendant or insurance companies. With a calculated assessment of the value of your claims, your attorney will strive to negotiate a fair settlement on your behalf. If successful, you will receive the agreed-upon compensation, which is the outcome in the majority of personal injury cases that are settled through negotiations.
In the event that negotiations fail, your Galveston lawyer will proceed to trial. During the trial, both parties will present their cases and make arguments before the jury or judge. Evidence, including videotaped depositions, physical documents, and live witness testimonials, will be presented for the judge or jury to consider when determining the outcome of the legal proceedings. Based on their findings, a settlement may be awarded, bringing the court process to a close.
If you have recently been involved in a bicycle accident and have specific questions about your case, our Galveston bicycle accident lawyers are ready to assist you. Please feel free to reach out to us online or call our Lone Star Injury Attorneys offices today.