Whenever motorists drive carelessly and irresponsibly, they may inadvertently cause a collision with a bicyclist, causing them to suffer debilitating injuries. In this situation, bicycle accident victims may be eligible to file a personal injury claim with the at-fault driver’s insurance company.
The total value of a bicycle accident claim or lawsuit depends on certain factors, including the circumstances surrounding the accident, the severity of the bicyclist’s injuries, the cost of their medical treatment, the extent of their pain and suffering, and the jurisdiction where their personal injury case is pending.
If you recently suffered injuries in a bicycle crash, the most important step you can take is to retain experienced legal counsel for representation. Your bicycle accident attorney in Fayetteville can assess the likely value of your case and take the appropriate steps to maximize your overall compensation award – either through settlement or litigation.
What are the Most Common Types and Causes of Bicycle Accidents?
Negligent drivers are a common cause of bicycle accidents, often resulting in serious injuries or fatalities. Many drivers fail to exercise proper caution when sharing the road with bicyclists, and their carelessness can lead to various collisions.
- One common way that negligent drivers cause accidents is by failing to yield the right-of-way to bicyclists at the appropriate times. For example, at intersections, drivers may not notice or may disregard bicyclists, especially when turning left or right. If a driver turns without checking for bikes, it can lead to a “right-hook” or “left-cross” accident, where the turning vehicle hits the cyclist.
- Another frequent cause of bicycle accidents is distracted driving. With drivers more frequently using cell phones or other devices while driving, their attention is diverted from the road. This can result in rear-end collisions when drivers fail to notice a bicyclist slowing down or stopping. Even a brief moment of distraction can have devastating consequences for cyclists.
- Aggressive or reckless driving also plays a role in causing bicycle accidents. Drivers who speed, weave in and out of traffic, or drive too closely behind cyclists create dangerous situations. Tailgating can lead to rear-end crashes while speeding increases the likelihood of losing control and veering into a bicyclist’s path.
- Drunk driving is another major factor. Impaired drivers often experience slower reaction times and poor judgment, making it more difficult to avoid hitting cyclists, particularly in low-visibility conditions like nighttime or bad weather.
- Some drivers also fail to properly check blind spots when changing lanes, leading to “sideswipe” collisions where their vehicle hits a cyclist riding beside them. This type of accident is particularly dangerous as it can cause the bicyclist to lose their balance and be thrown from their bike.
- Lastly, dooring accidents occur when a driver or passenger opens a car door without first checking for oncoming bicyclists. When this happens, a cyclist can crash into the open door, often resulting in serious injuries.
Most Common Injuries in Bicycle Collisions
Bicycle crashes resulting from negligent driving frequently bring about debilitating injuries, as cyclists have little protection compared to those inside vehicles. Some of the most common injuries include broken bones, head injuries, spinal cord damage, and road rash. These injuries can be life-changing and may require extensive medical treatment.
- One of the most frequent injuries in bicycle crashes is broken bones. Cyclists often suffer fractures in their arms, legs, wrists, or collarbones, as these areas are vulnerable when they try to break their fall. Treatment for broken bones usually includes wearing a cast or splint for several weeks to allow the bone to heal. In more severe cases, surgery may be required to insert metal plates, screws, or rods to stabilize the bone.
- Head injuries are another common result of bicycle accidents. Even when wearing a helmet, a cyclist can suffer a concussion or other severe traumatic brain injury (TBI) if they hit their head on the ground or a vehicle. Symptoms of a head injury may include dizziness, confusion, headaches, and memory problems. Treatment for head injuries ranges from rest and monitoring to surgery in severe cases. Patients with serious brain injuries may also require long-term rehabilitation to regain their cognitive and motor skills.
- Spinal cord injuries are less common but can also be devastating. Damage to the spinal cord can lead to partial or complete paralysis, depending on the severity and location of the injury. Treatment often involves surgery to stabilize the spine, along with physical therapy to help patients regain mobility and strength. In some cases, lifelong medical care may be necessary.
- Road rash occurs when a cyclist slides across the pavement during a crash. This type of injury can cause severe skin abrasions, which may become infected if not treated properly. Medical treatment for road rash includes cleaning the wound, applying antibiotic ointment, and covering the area with bandages. In severe cases, skin grafts may be needed to help the skin heal.
Factors that Determine the Value of a Bike Accident Case
The value of a bicycle accident claim or lawsuit can vary significantly based on several key factors. Understanding these factors can help victims and their attorneys determine a fair amount of compensation to seek.
- One major factor is the severity of the injuries sustained in the bike accident. More serious injuries, such as fractures, head trauma, or spinal cord damage, often lead to higher medical expenses and longer recovery times. As a result, victims with severe injuries will be entitled to recover greater compensation for medical bills and related costs.
- Medical expenses are another critical component in determining the value of a bicycle accident claim. This includes immediate costs, such as emergency room visits and surgeries, and ongoing expenses for physical therapy, medications, and any future medical treatments that may be necessary due to the injuries.
- Lost earnings can also significantly affect the value of a bike accident case. If the injured cyclist cannot work for an extended period, they can recover compensation for the income lost during their recovery. In cases where the injuries prevent a return to work altogether, victims may also seek compensation for loss of future earning capacity.
- Pain and suffering is a non-economic damage that can add substantial value to a bicycle accident claim. This compensation covers the physical pain and emotional distress that result from the accident. Factors such as the duration of the pain, the effects on daily life, and any psychological effects (like anxiety or depression) can all influence how much compensation is sought for pain and suffering.
- The effect on an accident victim’s quality of life is another important factor. If the accident has limited a victim’s ability to engage in activities they once enjoyed, such as sports or social events, this loss can be factored into the claim.
- Finally, the insurance policy limits of the at-fault driver can affect the victim’s potential recovery amount. If the driver has minimal coverage, the compensation available may be limited regardless of the claim’s value. This is true even if the cyclist suffered debilitating or permanent injuries in the crash.
An experienced bike accident lawyer in your area will carefully examine the accident circumstances – including the available evidence – and estimate the likely settlement or verdict value of your case.
Important Evidence in a Bike Accident Claim or Lawsuit
In a bicycle accident claim or lawsuit, gathering strong evidence is necessary for proving fault and securing compensation. Several types of evidence are essential to support a cyclist’s case, showing that the driver was negligent and caused the accident. Some of the most important types of evidence include police reports, witness statements, photos and videos, medical records, and expert testimony.
- One key piece of evidence in a bicycle accident case is the police report. After an accident, officers who arrive at the scene will often create a report that includes important details, such as the location, time of the crash, and the parties involved. It may also contain the officer’s observations about who was at fault. A police report can be a powerful tool because it provides an official account of the accident, which can establish negligence.
- Witness statements are another vital form of evidence. If there were any bystanders who saw the accident happen, their accounts of the event can be valuable in proving how it occurred. Witnesses may describe what they saw, such as the driver running a red light or not yielding to the cyclist. Their statements can help back up the cyclist’s version of the story.
- Photos and videos from the scene are also important evidence. These visuals can show the positions of the vehicles, road conditions, damage to the bike, and any visible injuries the cyclist sustained. If there are security cameras or dash cams nearby, video footage may capture the entire accident, providing undeniable proof of what happened.
- Medical records play an important role in showing the extent of the cyclist’s injuries. These records include doctor’s notes, test results, and treatment plans, which can help prove the physical harm the cyclist suffered. Detailed medical records are necessary to justify compensation for medical expenses, pain and suffering, and other damages.
- Lastly, expert testimony can strengthen a bicycle accident case. Experts like accident reconstruction specialists or medical professionals can provide insights into how the accident occurred and the severity of the injuries. Their testimony can clarify complex details that may not be immediately obvious.
How Can a Bicycle Accident Lawyer Help with Your Case?
A bicycle accident attorney can be an important ally when you’re pursuing a claim or lawsuit after being injured in a crash. There are several ways that a skilled attorney can handle the legal process, protect your rights, and increase your chances of receiving fair compensation for your injuries.
- First, an attorney can thoroughly investigate your accident. They will gather important evidence, such as the police report, witness statements, and any available photos or videos from the scene. An attorney knows exactly what to look for to build a strong case. They may even work with experts, such as accident reconstruction specialists, to prove how the crash happened and who was at fault.
- Another way an attorney can help is by dealing with insurance companies on your behalf. Insurance companies often try to minimize the amount they pay to accident victims. They may offer you a low settlement that doesn’t cover all your medical bills, lost income, or other damages. A bicycle accident attorney knows how to negotiate with insurance companies and will fight to make sure you get a fair settlement. If necessary, they can take your case to court if the insurance company refuses to offer you reasonable compensation.
- A bicycle accident attorney also ensures that you meet important legal deadlines. An attorney will ensure all paperwork is filed on time and your case is moving forward without unnecessary delays.
- Additionally, an attorney can calculate the full value of your claim. They will consider not only your immediate medical expenses but also any future costs for long-term care or rehabilitation. They will also seek compensation for pain and suffering, emotional distress, and any other non-economic damages related to your bicycle accident.
- Lastly, having an attorney allows you to focus on recovering from your injuries while they handle the legal aspects of your case. By retaining an experienced bicycle accident attorney, you can increase your chances of receiving the compensation you deserve and reduce the stress of dealing with a claim or lawsuit.
Speak with a Knowledgeable Bicycle Accident Lawyer in Your Area Right Away
If you suffered injuries in a bicycle crash, a knowledgeable bicycle accident lawyer can handle every step of the legal process for you. Specifically, they can negotiate with insurance company adjusters on your behalf, litigate your case through the court system, and, if necessary, take your case to trial. At every stage of the proceedings, your attorney will aggressively advocate for your interests and pursue the justice and compensation you need to become whole again.
Don’t handle the aftermath of your bicycle accident alone. A skilled personal injury attorney in Fayetteville is waiting to hear your story and build your case to obtain the compensation you deserve.