If you were injured in a bicycle accident caused by a negligent driver, unsafe road conditions, or a defective bike part, you may be entitled to compensation. Filing a bicycle accident claim can help you recover damages for medical expenses, lost wages, and pain and suffering. Before you file, it’s critical to understand your legal rights, how liability is determined, and what steps to take to protect your claim.
The experienced bicycle accident attorneys at Chute, O’Malley, Knobloch & Turcy have decades of experience handling injury cases like yours. Contact our office today to get started with your claim.
Why File a Bicycle Accident Claim?
Filing a bicycle accident claim has many advantages. Most importantly, it helps hold liable parties responsible for their actions, and ensures you get fair compensation for your injuries. Filing a claim can also help prevent similar acts of negligence in the future, protecting other bicyclists from harm.
If you don’t file a personal injury claim to recover compensation, you’ll be left to shoulder the full cost of your medical treatment and other losses. With bills piling up and income halted during recovery, it won’t take long before the debt becomes overwhelming.
Determining Who Is Liable in a Bicycle Accident Case
Determining who is liable in a bicycle accident case requires answering key questions: What caused the crash? Were other individuals, vehicles, or hazards involved? Depending on the circumstances, one or more of the following parties may be held accountable:
- Drivers: If your accident involved a motor vehicle, you may be able to hold the driver responsible for your injuries if their actions directly led to your accident.
- Government entities: It’s the local government’s responsibility to maintain roads and bike lanes. If your accident was caused by a blocked bike lane, dangerous pothole, defective road designs, or public transportation vehicles, you may have a case against a government entity.
- Bicycle and Parts Manufacturers: In some cases, bicycles or their specific components may be faulty, causing them to not work as intended or even break, which could lead to an accident. In such cases, it is possible to hold the manufacturer of the faulty bike/part liable for your injuries.
What Damages Are Available in a Bike Accident Claim?
Three types of damages may be available in a bicycle accident claim. These include economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages, also known as special damages, are your tangible losses incurred due to your accident. This can include lost wages, medical expenses, property damage, and lost earning capacity. These losses are typically pretty straight forward and easier to assign a monetary amount to because they are usually identified by bills or statements.
Non-Economic Damages
Non-Economic damages, also referred to as general damages, are your intangible losses. These may include pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. These losses are typically more difficult to assign a financial value to because they are subjective.
Punitive Damages
In some instances, you may be awarded punitive damages in your bicycle accident claim. While rare, punitive damages are sometimes awarded when the at-fault party’s actions are determined to have been especially egregious or intentional.
Do You Really Need a Lawyer to Sue for Bicycle Accident Injuries?
While it is not a legal requirement to have an attorney when filing a bicycle accident claim, having an experienced lawyer on your side is highly recommended. Hiring an attorney significantly increases your chances of a fair settlement. In fact, studies have shown that people who hire personal injury attorneys to handle their claims recover three times more, on average, than those who handle their own cases. Why?
Insurance companies are not focused on protecting your rights or making sure you receive adequate compensation for your losses. They’re out to protect their bottom dollar and will do just about anything in their power to reduce your claim or dismiss it all together. Adjusters may pressure you into a lowball settlement, dispute liability, or delay the claims process in hopes that you’ll give up. An experienced personal injury attorney understands the tactics insurance companies use and knows how to fight back. With a skilled injury lawyer on your side, you can avoid common mistakes that jeopardize your recovery, and work to maximize your compensation for your medical bills, lost wages, pain and suffering, and other damages.
Call Chute, O’Malley, Knobloch & Turcy to get started filing your bicycle accident claim today. (312) 775-0042.
