Cyclists often suffer serious injuries from road accidents, such as head injuries, spinal cord injuries, permanent scars, broken bones, or internal injuries. Bicycle accident injuries can be serious and often lead to long-term illness, including broken bones, ligaments, and soft tissue, which can leave cyclists out of work for long periods. In a report provided by National Highway Traffic Safety Administration over 846 cyclists were kidded in traffic crashes in 2019. Further, according to the Consumer Product Safety Commission – 417, 485 bicycle accident-related injuries were reported in 201.9
If the bike accident was caused by the negligence of a vehicle driver, pedestrian, or another third party, filing a claim can result in significant compensation to pay the victim’s medical bills, lost wages, and other damages. If the bicycle has been poorly designed or repaired, the cyclist may file a complaint with those responsible for the manufacture or repair of the bicycle for any accidents caused by their negligence. As a general rule, you must sue for a bicycle accident within two years or the judge may deny your request. If your damages are limited to soft tissue injuries such as scrapes, bruises, sprains, or minor cuts, you may be able to settle your claim for fair compensation without the help of a lawyer.
What compensation are you entitled to?
If you have injuries that require you to see a doctor or go to the emergency room, you can get these medical bills from the person who caused the bike accident. If a driver is injured in an accident, the medical coverage or personal injury protection in the driver’s car policy may pay for the driver’s medical bills. Homeowner’s or renter’s liability insurance can cover damage to someone else’s personal property as a result of an accident.
Even if you were cycling when the collision occurred, you may be covered for injury under your auto insurance policy or a family member’s policy. Your auto insurance policy will probably cover you if you were on a bike at the time of the accident, again because bikes are considered vehicles. If the accident was the fault of the car driver, the driver’s auto insurance will cover the injury. Your health insurance will also help cover the damage caused by your injuries, but you can later claim reimbursement for the responsible driver’s car insurance behind the scenes through inter-insurance arbitration.
However, if the negligent party maliciously caused the accident and caused injury, punitive damages can be obtained in a civil action. If it is determined that the cyclist is partially responsible for the accident, the other party can also pay compensation.
When to consult an attorney in a Bicycle Accident?
If you are represented by a bicycle accident lawyer, he will deal with your insurance and property damage claims from the very beginning. After you report your claim to your insurance company – yes, your car insurance will often cover your bike accident – ask an experienced personal injury attorney to act from there. Let your lawyer handle your negotiations with the insurance company if you have an uninsured or underinsured claim.
You will need to report the accident to the police and notify your insurance company immediately or your insurance company may reject your claim. You also need to prove that a car hit your bike or that drivers’ unsafe driving caused you to swerve or lose control of your bike. Evidence of car damage to your bike can usually be observed, but you will need corroborating evidence if you were involved in an accident or were expelled from school just because of inadequate or unsafe drivers.
An uninsured claim is considered your claim against the other party, so you can expect your insurance company to question the liability, nature, and extent of your injury, and the reasonableness of your medical care and treatment. The insurance company will take this opportunity to deny your claim, stating that your injury was not related to the accident. If necessary, your attorney will work with independent experts to reproduce your accident.
In addition, the bicycle accident lawyer will help you manage the claims assessors sent by your insurance company who will look for any way to limit the amount they pay out on claims for damages. Your attorney can investigate what happened, help you contact the right healthcare providers for your injuries, help you file a personal injury claim with the responsible rider, assess damage to your property (damage to your bike and equipment), and file a claim against the car liability insurance against all your losses, including property damage, medical bills, lost wages, and pain and suffering.
As bicycle accidents can be overwhelming and complicated it is advisable to consult professionals in this matter. Contact experienced Bicycle Accident Attorneys from San Gabriel Workers’ Compensation and Personal Injury Lawyers to represent you and your claim.
Call 626-602-9483 to book a free evaluation.