Bicycle Accident Claims - Do You Have Grounds For A Suit?

Cyclists are exposed to a great deal of danger when they hit the road. Since they’re not physically protected while on a bike, the chances of serious injuries are quite high, even in the lightest of traffic collisions.

If you were involved in such an event that had a significant impact on your life, you can pursue justice and recover compensation from the at-fault party.

Let’s break down the intricacies of bicycle accident claims so you can choose the best course of action regarding your injury claim.

What injuries can file a claim for?

As we briefly mentioned, injuries suffered while riding a bike are typically catastrophic, despite all the necessary equipment. Generally speaking, the most common types of injuries in bicycle accident claims include:

• Neck injuries
• Back injuries
• Spinal cord injuries
• Traumatic brain injuries
• PTSD
• Compound fractures
• Loss of limbs

It’s important to note that you may still have grounds for a claim even if your injury is not on the list. You also have to consider the effect the mishap has had on your life to determine if you have solid grounds for a claim. 

Who can be liable for your accident?

In most cases, just being familiar with the cause of your injury will give your attorney a basic understanding of who the liable parties are. For instance, if a driver refused to yield the right of way, you can pretty much assume they are at fault.

However, in specific circumstances, it’s possible to extend the liability to other individuals. Let’s say a bar over-served someone who was already intoxicated and this intoxicated person caused your accident. In this scenario, it may be possible to file a claim against the owner of the bar. 

Similar logic also applies to instances in which bad road conditions directly contributed to the unfortunate incident. In such cases, it’s possible to file bicycle accident claims against the government agency responsible for maintaining the road, such as your local department of transportation, safety inspectors, and so on.

Once the liable parties are identified, your attorney can work on gathering the evidence necessary to prove the liability of the defendant/s. 

What if you’re sharing liability?

In some states, you are unable to recover any compensation if you are found to be even partially at fault for the accident. Thankfully, Florida has a comparative negligence system in which your settlement will simply reflect your percentage of liability in the accident.

A good example of this is a scenario in which you were hit by a careless driver while not wearing a helmet. Since your fault for your injuries is minimal, the judge may conclude you’re 5% responsible for the damages. So, if the jury awards you $100k in damages, you would receive $95k because of your share of liability in the accident.

This is where your attorney can help you defend your rights. The defendant and their legal representatives will most likely try to increase your percentage of liability in the accident at all costs.

How much are bicycle accident claims worth on average?

Many victims wonder how much money they’ll be able to recover once the personal injury suit is filed. The quick answer is that it all depends on your specific set of circumstances and the facts of the case. There are many factors to consider when calculating the value of a bicycle accident claim, which is why you should consult an experienced legal professional to come up with a fair number.

Typically, you can recover the following types of compensatory damages:

• Pain and suffering (both physical and mental)
• Emotional distress
• Current and future medical expenses (including purchases of any medical equipment)
• Loss of income and earning potential
• Disfigurement, scarring, etc.
• Reputational damages
• Loss of life quality and consortium

The role of insurance companies in bicycle accident claims

Dealing with insurance companies is never easy and it’s even worse when it comes to navigating the treacherous waters of a personal injury case. This is mainly because insurance companies are notorious for prioritizing their bottom line, even when the claim is pretty straightforward.

It’s also not uncommon for insurance adjusters and representatives to pretend to be on the victim’s side. They know that accident victims are going through a stressful time and they’ll use that state of mind to offer laughable compensation amounts. Sadly, many accept them and waive their rights to pursue legal action in the process.

Another “trick” up their sleeve is trying to engage in tactics such as claiming the victim is more at fault than they actually are, delaying the processing of the claim, or outright rejecting it.

To minimize the chances of the insurance company acting in bad faith and swindling you out of a fair settlement, you should never negotiate anything without an attorney. In fact, just having legal representation may be enough for the insurer to pay you out fairly in order to avoid costly litigation.

We recommend hiring a lawyer as soon as possible. According to Florida Statutes, the statute of limitations on bicycle accident claims is four years. This means that if you miss the deadline, you lose the right to take legal action against the liable party.

Get the ball rolling

A severe biking-related injury can drastically affect the quality of life, both physically and mentally, as well as financially. Fortunately, receiving a maximum settlement can help restore your life to where it was before the accident. 

Keep in mind that the experience of your attorney can make or break the case, especially if it goes to court. This is why you should only work with those who have a good track record with bicycle accident claims, such as the attorneys at Law Offices of RITE.

Our main priorities are pursuing justice on behalf of injured clients and protecting them from mistreatment by insurance companies. We have won countless cases and can see to it that your chances of maximizing your settlement are as high as they can possibly be. 

Call (904) 500-RITE (7483) or send us a message at info@rite4justice.com to schedule a free consultation and we’ll help you determine the true value of your case. 

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.