If you’ve been injured in a bike accident, a bicycle accident lawyer protects your rights and increases your chances of getting a fair settlement. Bicycle accidents often involve serious injuries; riders aren’t protected like motor vehicle occupants are. It can take months or years to heal, while some injuries are permanent. On top of your health, you may have concerns about your rights during the legal process, from addressing liability concerns to obtaining a fair payout.
Hiring an attorney can seem too expensive. However, personal injury lawyers often work on a contingency fee basis, so get paid after your case wins. This can help, but every case has unique circumstances, and the legal process is often challenging. You need a legal professional familiar with all types of bike accidents. Settling the case can take time, but an experienced Los Angeles injury lawyer will:
- Protect your rights
- Build your case
- Prove the at-fault party owes you damages
- Work with the insurance company
- Fight for maximum compensation
To protect your rights and ensure you’re compensated fairly, a personal injury attorney can:
Determine Who Owes You Damages
A bicycle accident may cause only minor bumps, scrapes, and bruises. However, some accidents lead to more serious injuries that can involve the brain, spinal cord, and internal organs. Bone fractures are not uncommon in bike accidents.
The more serious the injury, the higher your medical bills will be. After the most serious crashes, a victim’s injuries can have debilitating, lifelong effects. The more significant the diagnosis, treatment plan, and long-term impacts, the higher the economic and non-economic damages you may be eligible for.
To build your case, a bicycle accident lawyer:
- Assesses the damages
- Determines if the opposing party owes you compensation
- Can identify other parties that may be liable
For example, if a defective part contributed to the crash, the part or bicycle manufacturer may be liable. Your attorney can file a claim citing negligence, a mistake, or an omission. However, if a negligent driver strikes your bicycle after making a bad turn or lane change, your lawyer can file a claim with their insurance company. Or, they can sue the driver if poor judgment or aggressive behavior contributed to the crash.
Explain and Help Consider Your Legal Options
Most people don’t know a lot about how insurance companies operate or how to file a lawsuit. You may be under a lot of pressure when recovering from a bicycle accident and not be thinking clearly. However, our Los Angeles injury lawyers can walk you through the options. Generally, you have two paths after such an accident:
- File an Insurance Claim: Filing a claim with an insurance company can be complicated. There’s lots of paperwork and industry jargon to navigate. Your attorney can help interpret the language of the insurance policy and communicate with insurance adjusters and other representatives on your behalf, all with your interests in mind. They also know how much financial compensation you should recover (an insurance company only has its bottom line in mind).
- File a Personal Injury Lawsuit: Filing a lawsuit requires considerable legal knowledge beyond negotiation. You’ll need an experienced personal injury attorney who knows all the state and local traffic laws that apply to bicycle accident injury cases. They’ll go to great lengths to fight for your rights, whether settling the case requires mediation, arbitration, or going to trial. Navigating personal injury law takes years to learn; for now, depend on your lawyer and focus on healing.
Take on an Insurance Company That Offers a Low Settlement
Receiving a low settlement offer is frustrating. It doesn’t protect your right to fair compensation for injuries, lost income, and an accident’s lasting physical, psychological, and emotional impacts. A bicycle accident lawyer can negotiate on your behalf if you feel you’re entitled to more money. Medical bills can easily exceed an insurance company’s offer.
Insurance companies have unlimited resources. They use many tactics to limit your financial ability to pursue large settlements and to tire you out. However, a lawyer has the tools and knowledge to provide legal proof of negligence. They can:
- Gather and present evidence that offers irrefutable proof of your claim.
- Cite coverage in a liability insurance policy that should pay for your losses.
- Establish the cost of your economic and non-economic damages, including post-accident expenses and pain and suffering.
If negotiating with the insurance company doesn’t have the desired results, your lawyer can file a lawsuit against the at-fault party. This often results in the insurer agreeing to a higher settlement to resolve the dispute. When it doesn’t, your lawyer can continue to build your case and, if necessary, take it to trial.
Obtain Compensation Even If You Were Partially at Fault
In California, comparative negligence is used in personal injury cases when one party isn’t 100% to blame. A bicyclist may be partially at fault if they were riding recklessly, failed to look before turning, or were under the influence of alcohol or drugs at the time of the accident. With comparative negligence, your compensation can be reduced proportionate to your level of fault. This means if you’re 20% at fault for the accident, your total damage award will be reduced by 20%.
How can a bicycle accident lawyer navigate this? They can help disprove you were at fault or reduce the proportion of fault the insurance company or defense claims you have. Another option is to determine if poor road conditions played a role in your accident. Your legal representative can then pursue a government entity, which can be complex. However, experienced attorneys know the specific procedures and limitations involved.
Work Within the Statute of Limitations for Personal Injury Claims
Under California’s statute of limitations, you have two years from the date of an injury to file a lawsuit. The deadline is reduced to one year if the injury isn’t discovered right away. Missing the deadline can mean losing the right to seek compensation. Since a lawsuit entails filing lots of paperwork by different deadlines, plus various other steps, your attorney will ensure all requirements are met to file the suit in time.
Address Many Different Complexities
A personal injury lawyer has the ability and resources to handle any complexities that arise during a case. One challenge is obtaining the necessary evidence. For example, if a traffic camera was close to where the accident occurred, a bicycle accident lawyer can request access to the footage from the appropriate entity.
Aside from lowball offers, an insurance company can unfairly deny a claim. That doesn’t mean you don’t have a case. Your attorney can help appeal the decision and get the insurance company to pay up. Insurers also sometimes use tactics to delay cases. If these are found to be “bad faith insurance practices”, your lawyer can get a company to cease these activities. If necessary, they can threaten it with legal action.
What Should I Do Immediately After a Bike Accident to Protect My Rights?
You can maintain your rights by taking steps to protect yourself. The following steps can help strengthen your case and provide a Los Angeles injury lawyer with more leverage in fighting for a higher settlement:
- File a Police Report: Call 911 and wait at the accident scene until the police arrive. Explain as much as you can to the responding officer. Their report provides a detailed and reliable record for your lawyer, an insurance company, and possibly a court to review.
- Take Notes of What Happened: Write down the direction your bicycle and other vehicles were traveling at the time of the crash. Road conditions, the type of weather, and other details that could have contributed to the accident should also be documented.
- Get Immediate Medical Care: When you seek prompt medical treatment, the at-fault party’s insurance company can’t say a delay in care worsened your injuries. Medical professionals can also provide documentation on the diagnosis, the extent of your injuries, and possible future treatments. The medical bills you receive can be used as evidence of your financial losses.
- Call Your Insurance Company: If the other party caused the accident, their insurance company should cover your losses. However, you should inform your insurance provider anyway. They can communicate with the at-fault party’s insurer and cover losses if the other party is underinsured.
Contact a Skilled Los Angeles Injury Attorney
Hiring an attorney is the most effective way to protect your rights after a bicycle accident. At The Law Offices of Jacob Emrani, our personal injury lawyers represent you and your best interests. We’ve won millions of dollars in accident settlements for our clients.
Far too many bicycle riders are injured by negligent motorists, drunk drivers, hit-and-run accidents, road defects, and rideshare vehicles. Regardless of what caused your accident, we’ll fight aggressively to get the compensation you deserve. To get in touch with a bicycle accident lawyer and receive a free consultation, call (888) 952-2952 today.