Bicycle Accident Compensation

Getting Fair Compensation After a Bicycle Accident

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Even the safest bicycle riders can get into an accident. Murphy’s Law states anything that can go wrong will go wrong. A bicyclist could be injured, have property damage and more because of a vehicle, defective roads, other bicyclists and more. In these situations, the bicyclist will need compensation for their losses.

 

Injuries

A bicycle accident can result in severe injuries. A bicycle doesn’t provide the rider protection like a vehicle on the road does its driver. This is the case even if the bicyclist is wearing all the proper protective equipment including knee pads, a helmet and more. Many bicyclists have experienced serious injuries like traumatic brain injury, concussions, spinal cord injury, internal organ damage as well as lacerations, road rash and more.

 

Municipal

It is possible a bicyclist will sue a municipality for causing their accident. There are certain things a municipality can be found liable for in a bicycle accident. This is when a bicycle accident is caused by a roadway with significant cracks as well as potholes. If proper safeguards were not put in places where there is a history of accidents occurring for bicyclists, the municipality may be liable. Damaged roads not repaired in accordance with what the law demands as well as no warning signs placed around a construction zone and more could make a municipality responsible for a bicycle accident.

 

Claim

It is possible for the victim of a bicycle accident to sue those responsible. In this case, it will be the responsibility of the bicyclist to provide sufficient evidence that shows the defendant was responsible for the accident. Should a bicyclist be injured in an accident with a vehicle, it is the driver of the vehicle who may have to prove the accident is not the result of their negligence or behavior.

 

Compensation

A claim for compensation in a bicycle accident when an insurance company is involved is known as a third party claim. It is possible in most cases for a bicyclist to receive compensation or the replacement or repair of their bicycle. They could also get compensation for lost income, medical treatment and more.

 

Liability

When a bicyclist has an accident, it is important they make certain who is liable for it. Once this is established, the victim of a bicycle accident needs to determine the amount of their damage and loss the accident caused them. It is then essential for the bicycle accident victim to begin collecting evidence to prove their case. If possible, evidence from the accident scene is important.

 

Demand Letter

The victim of a bicycle accident can send a demand letter to those they feel are at fault for their accident. It should provide the details of the accident, the reason the defendant is responsible as well as list the evidence that proves it. The last part of the letter will detail the compensation requested and justify the amount.

 

Negotiation

If a demand letter is sent to an insurance company, or directly to those responsible for the accident, they should respond. It is possible they will offer a significantly less compensation than what was requested in the demand letter. If the amount is unacceptable, it is time to negotiate a settlement. If the defendant still refuses to provide fair compensation, the next move may be to speak with an attorney about the accident.

 

Hiring A Personal Injury Attorney

 

Experience

Not many people outside the legal profession will have the necessary experience or knowledge to obtain fair compensation for a bicycle accident. There are attorneys who deal with many different types of bicycle accidents and have successfully gotten their clients all the compensation they were legally entitled to receive. They know about bicycle accidents and the value of a claim and more.

 

Evidence

A personal injury will know how to gather evidence for the victim of a bicycle accident. They can find witnesses, gather evidence from the scene of the accident, research the defendant. They will know the law and how similar legal cases have been determined in the past and more.

 

Professional Demand Letter

A professional demand letter can be sent by an experienced attorney. They will know what is important to say as well as mention in the letter. An attorney will know how to make the letter persuasive and only mention what is necessary. They are also able to provide legal facts.

 

Legal Negotiations

Most defendants in a bicycle accident claim will have legal representation. Their legal representative will know the law and how little they can offer as compensation. An attorney for the accident victim will know what is fair compensation for a bicycle accident victim’s case. They will know when an offer should be accepted or rejected.

 

Lawsuit

If negotiations do not reach an agreement, an attorney may advise their client to move forward with a lawsuit. They will know how to file the proper paperwork with the court and begin the process. This is something to avoid if possible. It may also be the only way for a bicycle accident victim to get fair compensation.

 

Mediation

It is possible both sides will agree to mediation so they can avoid going to trial. This is when the bicycle accident victim, defendant, and legal representatives from each side will meet with a third party mediator. The mediator will listen to both sides and provide their opinion. This is not legally binding but is something to consider.

 

Court

A personal injury attorney can present the evidence proving the bicycle accident victim’s claim. They may provide documents, videos, accident witnesses as well as professional witnesses and more. The defendant will also be given an opportunity to present their case. At the conclusion of the trial, the amount of compensation a bicycle accident victim receives will be determined by a judge or jury.

When a bicyclist is involved in an accident, it can have a devastating effect on their life. It’s possible for a bicycle accident victim to recover from their injuries, as a personal injury attorney begins to work on their case. They may be entitled to compensation for medical bills, lost wages, property damage as well as pain and suffering and more. A personal injury attorney will know how to help a bicycle accident victim travel the legal road toward fair compensation.

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