In one brief moment, a bicycle accident can change your life forever. This is often the case in accidents involving cars and trucks. Some of the time, these accidents are self-inflicted by the carelessness of bicycle riders. In these scenarios, the victims may not have much to do to recover compensation for the harm suffered. However, very often bicyclists are knocked down by the negligence of other motorists, and therefore may qualify for compensation. The negligent behavior and failure of the other party to maintain their duty of care towards you as a bicycle rider is compensable under local laws.
If you have been injured in a bike accident, you may have read or heard somewhere that you can pursue legal action against the party responsible for your injuries for monetary compensation. And while at it, you may have wondered whether you stand a chance of recouping all the tangible and intangible losses that you’ve incurred. The good news is that you may qualify for compensation, but this is only if you can prove that the defendant or party at fault had greater than 50% responsibility for the accident. In other words, your degree of fault must be below 50% for you to recover compensation. A qualified Galveston bicycle accident lawyer can help you deal with the aftermath of your crash, allowing you to focus on getting back on your feet and focusing on your health. Talk to one of our knowledgeable personal injury attorneys to learn more about your options.
The case process for a bicycle accident is typically the same as is the case with any other personal injury lawsuit. The process begins right at the time of the crash. So, the steps you take immediately after the crash can make or break your case. If you are able and physically fit, you should take it upon yourself to protect your legal rights by remaining at the scene and collecting as much information as you can. Get the names and contact information of all parties involved including eyewitnesses. An experienced attorney can help you keep track of these important steps and avoid critical mistakes after your bike crash.
It’s very common for bicycle accident victims to believe that they are not injured after a crash, only for them to wake up the next day with aches and pains. Unfortunately, some injuries are not physical and may need medical evaluation. Therefore, you should always have a doctor run some tests on you especially when you feel something is wrong. Additionally, you must follow up with the doctor’s treatment plans. Without the proper medical documentation, insurance companies may deny you compensation on the basis that your injuries are not serious, or that they must have existed before the accident.
Although you are obligated to inform insurance companies about a cycling accident, you should never fully discuss the details of your case without the presence of a lawyer. What’s more, insurance adjusters tend to ask injured victims to fill out forms and documents whose contents are often not understandable by an average person. In the end, victims end up signing off their legal rights unknowingly. To avert such acts of bad faith, you should never communicate with insurance companies or their representatives without an attorney.
It’s normal for a bicycle rider to feel sorry for the accident happening. But even so, this doesn’t mean that you should admit fault when the crash was a result of the driver’s carelessness or negligence. For example, if the braking system of your bicycle malfunctioned, resulting in a collision with a distracted driver, you may feel like you caused the accident yourself. Rushing to admit fault, for whatever reason, in this case, is not a good idea. In this scenario, you should retain a seasoned attorney to help investigate your case and possibly file a product liability claim against the bicycle manufacturer.
Like in any other personal injury case, there are two major ways through which you may reach a settlement for your bicycle accident. Before going to court, your cycling injury attorney will engage the defendant or insurance companies in back-and-forth negotiations. Having calculated the value of your claims, your attorney will negotiate a fair settlement on your behalf. If successful, you will receive the proper compensation agreed upon by all parties. In fact, the majority of personal injury cases are settled through negotiations.
If negotiations fail, your Galveston lawyer will proceed to trial. Here, both parties will present their cases and argue before the jury or judge. Evidence in the form of videotaped depositions, physical documents, and live witness testimonials will be brought forward for the judge or jury to deliberate on the outcome of the legal process. Depending on the findings, you may be awarded a settlement, and the court process comes to an end.
If you were involved in a bicycle accident recently, and you have specific questions about your case, our Galveston bicycle accident lawyers are here to help. Please feel free to reach out to us online or call our Lone Star Injury Attorneys offices today.