Bicycle Accident Lawyer for Filing a Lawsuit and Settlements

Bicycle accidents frequently occur between motorists and bicyclists. To begin, motorists can enter into bicycle lanes and hit bicyclists, causing an injury. Moreover, a motorist who is driving while intoxicated can strike a bicyclist. Additionally, failure to abide by the rules of the road can lead to an accident. For instance, running a red light or failing to stop at a stop sign can result in an injury to a bicyclist.

Bicycle Accident Law

All states have different bicycle accident laws. However, bicyclists have a general duty to abide by the state’s applicable biking rules and regulations and a failure to follow these laws will sometimes fully prevent recovery against another individual in the event of a lawsuit against that person. In addition, bicyclists in general assume the risks associated with bicycling and therefore cannot prevail in a lawsuit arising out of a foreseeable risk which is inherent in the activity.

Pedestrians vs. Bicyclists

Accidents can also occur between pedestrians and bicyclists. Pedestrians may enter into bike paths and strike cyclists. Moreover, failure to yield to a bicyclist’s right of way can result in an accident if the bicyclist must react quickly in order to avoid striking the negligent pedestrian. (See also Liability for Damages in Bicycle-Pedestrian Accidents).

Types of Injuries

Bicycle accident injuries include, but are not limited to the following:

broken bones and/or fractures
brain damage
contusions and lacerations
paralysis
organ damage

Determining Liability

Certain criteria are reviewed when arriving at the level of damages sought against a party which caused a bicycle accident injury. For instance, the type of injury, current medical expenses, the impact of the injury on one’s life, wages lost from the injury and whether the injuries were due to gross negligence are reviewed. These factors help to determine the type of damages and amount of damages sought in a lawsuit.

Suing for Injuries

Prior to the commencement of the law suit based upon a bicycle accident, there are various issues an attorney will consider. The attorney will examine the accident site and review the way the accident arose. In addition, the attorney will look at any witness records and possibly subpoena additional witnesses or records of parties involved in the case. This preliminary work can assist the attorney in identifying the strengths and weaknesses of a case and determine the best strategy for future litigation and/or settlement of the case.

How a Bicycle Accident Lawyer Can Help

The use of an experienced bicycle accident lawyer can minimize the level of stress an injured party has to manage with respect to medical bills, insurance matters, employment concerns and other issues which may emerge following the injury. However, most importantly, an experienced bicycle accident lawyer can use his or her a expertise and resources in order to get the most advantageous financial compensation for the injured party.

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