Injured in a Bicycle Accident: What are my options?
In recent years, an increasing number of individuals have turned to bicycles as a primary means of transportation. No matter how much care and caution you exercising while riding a bike, there is still a chance that you will be injured in a bicycle accident. If you have been injured in a bicycle accident you likely have many questions. Who covers the costs of my injuries and damage to my bike? Can I recover my lost income? Can I hold someone accountable for the pain and suffering I have endured after being injured in a bicycle accident – and make certain that this won’t happen again to the next family? These are all good questions. The laws in each state vary therefore it is in your best interest to consult with a bicycle accident attorney in your state.
Personal Injury and Property Damage
If you have been injured in a bicycle accident, receiving justice for personal injury and property damage depends on the facts and circumstances surrounding the bicycle accident. When a bicycle rider is involved in a minor accident where the injuries are not severe, the ordinary course of recovery is filing a claim with an insurance company provided that the accident involves an insured party or parties.
There are insurance policies available to bicycle riders that cover the rider for his or her own injuries and property damage as well as injury and property damage to others if the accident is the fault of the bicycle rider. If a bicycle accident involves an insured motorist, the bicycle rider may be entitled to justice from the motorist’s insurance company. Some states have no fault laws for traffic related accidents. Some of these states require that a motorist’s insurance company pay the damages, also called compensation, that a bicycle rider sustains.
If you have been injured in a minor bicycle accident you should look to the laws of the state in which you reside to determine who may be responsible for your medical expenses, lost wages, and property damage.
Bicycle Accident Lawsuit
In most states, when a bicycle rider is seriously injured in a bicycle accident and the cause is attributable to the negligent act of another, the injured bicycle rider may pursue a personal injury lawsuit against the individual or individuals that caused the injury. The injured rider (plaintiff) must prove that the at fault party owed then a duty of care. This is typically the duty to act as a reasonable person would under like conditions or circumstances. The plaintiff must then prove that the at fault party breached this duty by failing to act reasonably under the circumstances.
The injured bicycle rider must also prove that the other party, in fact, caused the injuries the bicyclist sustained. The injured rider must prove their damages. Damages include medical bills, medical supplies, pain and suffering, emotional distress, past and future lost wages, inconvenience, property damage, and other damages that may apply under the facts and circumstances.
Bicycle Accident Attorney
If you have been seriously injured in a bicycle accident you should contact a bicycle accident attorney as soon as possible after the accident. It is important that you refrain from speaking about the bicycle accident with any other party until you speak with an attorney first. You should also refrain from posting anything about the accident on social media as insurance companies and their defense attorneys often comb through social media sites in search of anything that may damage or defeat an injured party’s claim or lawsuit.
If you or a family member has been injured or suffered injury in a bicycle accident, filing a bicycle accident lawsuit may be the answer. It is critical that you seek the advice and counsel of an experienced bicycle accident attorney in order to ensure that your rights are protected and you recovery what you may be entitled to. At Sanders.Law, we hold accountable those individuals responsible for injuries to bicyclists. Contact our bicycle accident attorneys in Kansas City, Missouri today for a free consultation.