In a collision between a two-hundred-pound bike rider and a two-ton car, it's pretty clear which party is more likely to be injured. But that does not necessarily mean that the motorist was at fault and must therefore pay damages. As with any unintentional crash, one side must have done something wrong to be held liable. In legal terminology, the responsible party must have been negligent in some way.
What Is Negligence? Failure to look both ways, turning without using a signal, and speeding are all classic examples of negligence. Negligence, which is defined as a failure to take proper care when doing something, is involved in most auto accidents. Because they are far more likely to be hurt, cyclists are more likely to seek legal damages for their medical bills.
However, in order to have a case, the injured party must demonstrate that the car's driver was at fault. Because cyclists don't need insurance for riding bikes, negotiations between the two parties almost always involve the cyclist and the driver's insurance company. If the insurer agrees that the driver was at fault, then a settlement may be reached. If not, the cyclist may have to take the case to court to recover compensation for documented injuries.
What To Do A cyclist who has suffered anything more than minor cuts and scrapes should always consult a personal injury attorney soon after the accident occurs. Since these collisions often result in serious injuries, the lawyers for the driver's insurance company may contact the bike rider. They don't do this to be nice, of course; although they may sound concerned, defense attorneys simply want to make the matter go away as quickly as possible. To do so, they may offer a settlement deal to cover medical bills and other accident-related fees.
The Benefits Of Legal Counsel When you take a settlement deal, it always comes with strings attached. In most cases, those strings involve giving up the right to sue over the matter in the future. Why would you want to sue in the future? Well, let's say, for example, that your head or neck starts hurting a few days after the collision. This issue, known as delayed accident pain, is quite common in bike crash cases. It's no wonder that lawyers for auto insurers are so eager to settle these disputes ASAP.
A good personal injury attorney will help you avoid the all-too-common problem of taking the money too soon. Who To Call Because these accidents don't happen all that often-only about 11 percent of bicycle accidents involve cars-it may take a few calls to find an attorney who has experience with bicycle law. If the legal expert decides to take your case, they will work to establish negligence and determine the full extent of your injuries.
Like other personal injury cases, you are entitled to sue for medical expenses, lost wages, and pain and suffering. After your lawyer comes up with a reasonable figure, they may begin to negotiate a deal with the driver's insurance company. In the overwhelming majority of the cases, a settlement can be reached before the lawsuit ever goes before a judge. A personal injury attorney can help you get the money you deserve if you are hit by a car while biking.
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