Bicycling is a popular mode of transportation for many people around the world (check out some stats here). While it is an environmentally friendly and cost-effective way to get around, it can also be dangerous. Bicycle accidents are common, and they can result in serious injuries. If you have been in a bicycle accident, you may be wondering how to build a strong personal injury case. In this article, we will discuss the steps you can take to build a strong case and get the compensation you deserve.
Causes of Bicycle Accidents
Before we discuss how to build a strong personal injury case, it is important to understand the common causes of bicycle accidents. Some of the most common causes include:
- Distracted driving: Drivers who are distracted by their cell phones, GPS systems, or other devices are more likely to cause bicycle accidents.
- Failure to yield: Drivers who fail to yield to bicyclists at intersections or when making turns can cause serious accidents.
- Poor road conditions: Potholes, debris, and other hazards on the road can cause bicyclists to lose control and crash.
- Drunk driving: Drivers who are under the influence of drugs or alcohol are more likely to cause accidents.
- Doorings: When a driver or passenger opens a car door into the path of a bicyclist, it can cause a serious accident.
What to Do After a Bicycle Accident
If you have been in a bicycle accident, there are several steps you should take to protect your health and your legal rights:
- Seek medical attention: Even if you do not think you are seriously injured, it is important to seek medical attention as soon as possible after the accident. Some injuries, such as concussions, may not be immediately apparent.
- Contact the police: If the accident was caused by a motor vehicle, contact the police and file a report. This will be an important piece of evidence if you decide to pursue a personal injury case.
- Gather evidence: Take photos of the accident scene, the vehicles involved, and any injuries you sustained. Gather contact information from any witnesses.
- Contact a personal injury attorney: A personal injury attorney can help you navigate the legal process and ensure that your rights are protected.
Building a Strong Personal Injury Case
If you have been in a bicycle accident and decide to pursue a personal injury case, there are several steps you can take to build a strong case:
- Gather evidence: As mentioned above, gathering evidence is crucial to building a strong case. Your attorney may also hire an accident reconstruction expert to help determine the cause of the accident.
- Document your injuries: Keep track of all medical bills, doctor’s appointments, and other expenses related to your injuries. Your attorney can use this information to determine the value of your case.
- File a claim: Your attorney will file a claim with the insurance company of the driver responsible for the accident. The insurance company will investigate the claim and may offer a settlement.
- Negotiate a settlement: Your attorney will negotiate with the insurance company to ensure that you receive fair compensation for your injuries. If a fair settlement cannot be reached, your case may go to trial.
- Consider long-term consequences: In addition to your immediate medical expenses, it is important to consider the long-term consequences of your injuries, says BMJ. If your injuries will require ongoing medical treatment or will impact your ability to work, your attorney can help you determine the appropriate amount of compensation to seek.
- Be prepared to go to trial: While most personal injury cases are settled out of court, it is important to be prepared to go to trial if necessary. Your attorney will represent you in court and argue on your behalf to ensure that you receive fair compensation.
Every personal injury case is unique, and the outcome will depend on a variety of factors, including the severity of your injuries, the cause of the accident, and the strength of the evidence. By working with an experienced personal injury attorney, you can increase your chances of building a strong case and getting the compensation you deserve.
In addition to the steps outlined above, there are several other factors to consider when building a strong personal injury case. For example, if the driver responsible for the accident was under the influence of drugs or alcohol, this may be a factor in determining fault and could result in higher compensation. Similarly, if the driver was operating a commercial vehicle or was acting in the course of their employment at the time of the accident, their employer may also be liable for damages.
If you have been in a bicycle accident and are considering pursuing a personal injury case, it is important to work with an attorney who has experience in this area of the law. Your attorney can help you navigate the legal process, gather evidence, and negotiate with the insurance company on your behalf. They will also ensure that your rights are protected and that you receive fair compensation for your injuries. According to BDIW Law, you can increase your chances of building a strong case and getting the compensation you deserve by working with an experienced personal injury attorney.
Last Updated: May 17, 2023