Should I Hire a Personal Injury Attorney for my Bicycle Accident?

Bicycle injuries are fairly common and almost always very severe for the cyclists. Since cyclists neither have the maneuverability of pedestrians nor the acceleration power of automobiles to avoid accidents, they are the ones who end up with severe brain trauma, spine injuries, bone fractures and even fatality in some cases.

Combine this with the fact that apart from a helmet or knee pads, cyclists have no protective metal shielding as in automobiles, and you have a formula for disaster every time you hop on your bike. But the good news is that cyclists who are car accident victims have legal rights that can help compensate for their medical bills, lost wages, and emotional suffering.

Here are some facts that can help your personal injury attorney make a strong, persuasive case for you:

Do you have a case for a lawsuit?

If you can prove that your accident was caused by the negligence of another person or body (municipal body or state government), you have sufficient grounds for filing a lawsuit. Simply put, the accident should have been preventable if due diligence was practiced by the other party.

At the same time, you have to have evidence to prove that you were not at fault- you were driving in the cycling zone, following all traffic rules; and were sufficiently protected. Plus, you will have to prove that your cycling gear was in top shape, else your cycle manufacturer or repair person will also be at fault and culpable for damages.

How do you prove the other parties’ negligence?

Eyewitness testimony, camera footage, passenger accounts are all admissible by a court as evidence to prove the other parties’ negligence. If the accident happens in the vicinity of schools, parks, within residential colonies, hospitals, drivers are expected to observe “unusual care”.

Many places with young children have “tender years” statutes that say that young children should not be expected to demonstrate any duty of care and should not be held capable of contributory negligence. So if your bicycle accident caused injury to children, you will have to prove that though you were driving with more than normal caution and awareness, the other driver was not.

How much compensation can you get?

Typically, you will be awarded present and future medical expenses, loss of present and future wages (if you will be unable to return to work, according to a licensed practitioner), rehabilitation costs, long-term nursing care costs, and loss of quality of life and enjoyment.

What is the statute of limitation for such lawsuits?

Different states have a different time period within which a personal injury lawsuit should be filed (statute of limitation). For the state of Pennsylvania, bicycle injury-related lawsuits need to be filed within two years from the date of the accident or two years from the death of the claimant. The longer you take to file a lawsuit, the more difficult it will be to gather supporting evidence to prove negligence of the other driver.

What should be your first steps after the accident?

Calling 911 is absolutely necessary. Get examined by a paramedic and visiting an emergency room even if you don’t feel it is necessary. Try gathering the other driver’s details and take pictures or videos of the accident scene. Seek medical advice and seek a personal injury attorney’s advice, on a priority basis.

To find out if  you can file a case for your bicycle accident where the other person was at fault talk to a personal injury lawyer at The Law Offices of Alvin F. de Levie today at 844-777-2529.