There are a number of factors that play into determining the value of your bicycle accident compensation claim. The extent of your injuries compared to the policy limits available is one factor. You may be able to recover economic damages such as medical bills, lost wages, and other expenses. You are also entitled to non-economic damages for your pain and suffering.
Know Your Rights
In recent years, cycling has become a popular alternative form of transportation for people who cannot afford or choose not to drive. However, injuries resulting from bicycle accidents can be extremely serious, including multiple broken bones, lacerations, internal organ damage, traumatic brain injury, spinal cord trauma, and back or neck injuries. Injuries like these can be very costly, both in terms of medical expenses and loss of earnings due to time missed from work. You should consult an experienced Hartford bike accident lawyer soon after the collision to get free advice about claiming compensation for all of your losses.
Cyclists have a duty to obey the traffic laws of their state and town, including riding on the shoulder or designated bicycle lanes when appropriate. They must also use signals and act predictably on the road to let drivers know of their presence. Failing to do so could increase their liability in a car-bike accident. In addition, cyclists who ride on the sidewalk instead of in a designated bicycle lane or ride against traffic may be at fault for an accident with a motor vehicle. Some states apply comparative negligence principles to determine the degree of fault of each party in a crash. This could reduce the total amount of compensation a victim receives.
Gathering Evidence
As a cyclist, you have many ways to gather evidence of your injuries and losses following an accident. Obviously, a physical examination will be required in order to determine the severity of your injuries, but other evidence can be collected as well. This might include photographs of the scene of the crash, video footage of the accident, or the name/contact details/insurance details of anyone who witnessed your collision.
It may also be useful to have a statement from any family/friends who help you out following your accident, as they can provide valuable insight into how your injuries have affected your lifestyle. In some cases, you might be able to recover financial compensation through PIP or your auto insurance, but it’s important that you speak with legal professionals to get an accurate estimate of the value of your claim.
As a general rule, it’s not just your own insurer who’ll be interested in your claim; you might need to sue the liable party directly in order to recover compensation for all of your losses. However, it’s worth mentioning that some parties might defend themselves from claims based on modified comparative negligence laws. This would see the amount you could recover diminished by a percentage that corresponds to your share of responsibility for the accident.
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Statute of Limitations
Many victims of bicycle accidents believe that the best way to pursue compensation is to negotiate with the liable parties. They might not realize that they are running out of time to file a lawsuit.
The statute of limitations differs by state and type of lawsuit. Injury victims that fail to file within the statutory limit risk being barred from seeking compensation altogether.
A qualified attorney should be consulted about the unique aspects of each case. An experienced lawyer will know how to protect the rights of victims and fight for maximum compensation.
It is also a good idea to consult with a medical professional about your injuries and treatment. This will help you get the most accurate picture of your damages. This information will influence the value of your claim.
In general, victims have three years to file a personal injury lawsuit following their accident. This is true for almost all types of bicycle accidents involving vehicles. It may be less than three years for bike accidents that involve dangerous or defective roadway conditions. Talk to a bicycle accident lawyer who does these cases on a regular basis for details on how the statute of limitations applies to your specific situation.
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