When a bicycle and vehicle collide, the rider is legally entitled to filing a claim against the driver in order to receive proper compensation. Learn how to act properly and why a bicycle accident lawyer can help you.
A collision with an automobile is probably the greatest fear cyclists have, particularly because the bicycle infrastructure is inadequate or nonexistent, thus preventing other people from getting on bikes, as well. Even though collisions are the most undesirable hazard cyclists might face, they are usually rare and affect a small percentage of people who choose to cycle on a regular basis. The biggest problem raised by a bicycle accident is that, in most cases, the rider is a child, which can put our most treasured ones’ lives in danger.
What Is Bicycle Accident Claim?
When a bike and an automobile collide, the accident is typically the result of one part’s negligence – either the driver’s or rider’s, even though there are cases when both might have been negligent. Assuming that the driver was the negligent part, the cyclist has the legal right to be compensated for his or her injuries, as well as the material loss he/she has suffered during the collision. If you file a bicycle accident claim against the driver in question, there will be two primary ways of approaching this particular problem.
Filing A Claim Against A Negligent Driver
The first one, and also the simplest, involves reaching an agreement with the driver’s insurance company regarding the amount of damages that have been suffered by the cyclist, as well as the amount of money that needs to be paid for reparation and mischief. The other option, which is way more complex in nature, is applicable only if the agreement cannot be reached, thus forcing the cyclist to prove in a court of law that the driver was the negligent part, so he can be entitled to the compensation.
Consult With a Bicycle Accident Lawyer
If you have been injured in a car-on-bike collision and cannot reach an agreement with the driver’s insurance company, the only option you have is calling a personal injury attorney who can handle the negotiation and, eventually, your case in the court. However, although many personal injury lawyers have experience tackling this type of accidents, it is better, albeit more expensive, to consider a bicycle accident lawyer instead, who has special training in providing assistance in case of a collision between a bicycle and a car.
Once you hire a professional bicycle accident lawyer, you need to provide a couple of details that can help him or her decide how much you should be compensated for the injuries and material loss you suffered due to the collision. If your injury was serious, such as a broken bone or herniated disk, you will be entitled to asking a higher compensation since the recovery period was longer, and probably incomplete. It is important to remember that minor injuries can be sometimes bypassed by most negligent drivers, which is why you should talk to your attorney regarding the best action to take in that particular situation. It is better to avoid communicating with the other part’s insurance provider, because they can gather information that will be used against you at the court as evidence in support of their argument that your negligence caused the accident.
Taking Action Immediately Is Essential
It is highly recommended to hire a bicycle accident lawyer immediately, otherwise you might find yourself in the situation of accepting the amount of money offered by the driver’s insurance company, which can be significantly lower as compared to how much you should actually receive. Setting your claim with a professional individual at your side can increase your chances of winning the case, allowing you to be compensated adequately for someone else’s lack of attention, and also for the injuries or loss you have suffered.
How Much Does a Bicycle Accident Attorney Cost?
As for the cost of a bicycle accident lawyer, the cost can vary depending on the specific attorney company or individual that you work with. Most attorneys work on a contingency fee basis, meaning that they will not charge you if they do not help you win the case. Most contingency fees are 33 and 40 percent of any settlement, but you can consider negotiating a reduced amount. Some lawyers might ask you to pay for a couple of other costs and expenses, including medical records, police reports, postage, expert witness fee, investigators, trial exhibits and many others. Note that the settlement check will be sent to the lawyer once the case ends and you win it, to ensure that he will get paid for the services he has performed.