A bicycle accident can disrupt your life and cause minor to severe injuries. You may have lost income from missing work or even feel traumatized by the situation. You deserve to receive justice; however, it often requires navigating complex insurance claims and legal processes.
Working with a peronal inury lawyer in Clarkedale can provide the expertise needed to recover damages. Seeking compensation involves different steps. A Clarkedale bicycle accident lawyer understands the complexities of the injury law that apply to your case.
Common Causes of Bicycle Accidents
Bicycle crashes can happen because of various reasons. The accident can be either the fault of the driver or the bicyclist, or they can even share the fault. Some frequent bicycle accident types include:
- A car crashing into a bicyclist at an intersection
- A bicyclist falling because of hazardous road conditions and a vehicle going too fast
- A motorist opening car doors or recklessly passing motorists
- Loss of control accidents caused by speeding or improper maneuvering
- A bicyclist not properly changing lanes in front of vehicles
Sometimes safety precautions, following traffic laws, and riding defensively do not always prevent an accident out of your control. An accident is, unfortunately, inevitable, but you should know how to handle the situation. An attorney can help get you compensation tailored to the specific accident type.
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When to File a Bicycle Accident Lawsuit
The first step is to work with a lawyer and see if the insurance agency will give you a settlement. If they do not budget, you and your attorney can file a lawsuit right away. Certain situations may require legal action to recover damages, like if the driver who hit you was underinsured or uninsured.
Lawsuits often become the only option when insurance companies will not offer a fair settlement or if they delay the process excessively. Severe injuries with extensive costs, long-term impacts, or permanent disability frequently lead to litigation, so you can get fully compensated. Hit-and-run and uninsured motorists may leave lawsuits as the only option.
However, for minor injuries with lower losses, settlement offers may sufficiently cover damages. Each bicycle accident’s unique circumstances dictate when a lawsuit proves necessary. An experienced Clarkedale bicycle accident lawyer can evaluate the merits and recommend if litigation seems advisable.
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What You Need to Prove the Other Person Was at Fault
A bicycle accident lawsuit requires evidence that shows without a doubt the other person was the one at fault. You will need to gather all of this with your lawyer thoroughly. Police reports, eyewitness accounts, and expert analysis can all contribute to proving liability.
As you gather the information, try to include video footage or photos of the accident circumstances, documentation of traffic violations or dangerous conditions, testimony of observers, and accident recreation analysis by experts. Vehicle data like speed and braking activity may apply, too. If you have all of this, it would be hard for the court to believe you were not at fault.
Thoroughly documenting the scene, vehicle damage, and injuries incurred and gathering witness statements immediately after an incident provide critical evidence. An attorney identifies what specific proof is needed and how to obtain it through legal discovery and subpoenas if necessary. Making sure you have thorough evidence is vital.
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When You Are Partly at Fault for a Bicycle Accident
In some bicycle accidents, the cyclist is found partially responsible through their own negligent actions. Understanding how this affects your claim is important. You should know that you can still recover compensation if you were partly at fault.
If you are assigned partial fault, it reduces but does not eliminate your ability to recover damages. Arkansas follows modified comparative negligence rules. You can still seek compensation if your fault is 50% or less. But the awarded amount decreases by your percentage of fault.
Establishing your minimized role in causing the crash while highlighting the motorist’s primary negligence is key. Evidence like video footage or eyewitnesses often proves a clear picture that cannot be argued. A bicycle accident attorney in Clarkedale can build the strongest case possible, attributing greater liability to the other party, even with partial bicyclist fault.
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When You Should Accept a Settlement
Determining whether to accept a settlement offer or proceed to trial in a bicycle accident lawsuit involves evaluating key factors. Understanding when a reasonable settlement is advisable can save significant time, stress, and expenses. Doing thorough research and having legal representation can help you weigh the pros and cons of when to settle.
Accepting a settlement generally makes the most sense when the offer adequately covers damages, medical costs, lost wages, and other losses. If it provides favorable compensation without years of tedious trial preparation and proceedings, settlement may be optimal. Connecting with someone familiar with the process can help assess whether the offer seems fair and reasonable for the specifics of your case.
However, pursuing a jury trial may secure greater damages if the defendant disputes meaningful liability or the settlement offer seems unreasonably low. It can be very beneficial to get realistic insight to help you determine if it makes more sense to settle versus going to trial. Rejecting offers to continue seeking maximum compensation is sometimes necessary.
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Types of Damages You Can Claim
When filing a bicycle accident lawsuit, you can pursue compensation for different types of damages depending on impact severity. Understanding the types that may apply to your case is important. The main types of damages include:
- Economic – Covers tangible monetary losses like medical costs, lost income, property damage, future care expenses
- Non-Economic – Compensates for harder-to-quantify effects such as pain, suffering, reduced quality of life
- Punitive – Awarded if the defendant’s actions were grossly negligent or reckless
An experienced attorney can help you maximize compensation for all types of eligible damages. The specifics of your case will determine which damage types are viable to pursue. While no money can change what happened, it can help take some of the stress off from you.
Recover Financially After Your Bicycle Accident with GKBM
Dealing with the aftermath of a bicycle crash can be overwhelming. However, you do not have to handle it alone. An experienced Clarkedale bicycle accident attorney will vigorously advocate on your behalf every step of the way.
With extensive knowledge of liability laws, we can prove fault, seek maximum damages, and negotiate optimally with insurance companies. Although no settlement can undo your suffering, the right lawyer can help you recover losses so you can move forward. Contact us today for a free consultation and see what next step you should take to build the strongest case possible.