Bicycle accidents often happen unexpectedly and cause victims to suffer serious bodily injury or death. A Hernando personal injury lawyer assists victims as they seek monetary compensation for their injuries. Both motorists and pedestrians are capable of causing bicycle accidents; it is important to ascertain the facts of your case so you can present them to an attorney when you seek legal representation.
Common Types of Bicycle Accident Injuries
Bicycle accidents can be minor or severe, depending on the circumstances of the accident. Sometimes a bicyclist will suffer particular types of injuries because they are not wearing protective gear. For example, a bicyclist may suffer a traumatic brain injury during an accident because they are not wearing a helmet.
A bicyclist may suffer internal bleeding and organ damage due to a bicycle accident. Also, it is possible for bicyclists to suffer bone fractures and spinal cord injuries. All bicycle accident victims need to seek medical treatment immediately after an accident, even if they believe they suffered only minor injuries.
Due to bicyclists being vulnerable to suffering serious bodily injury during a bicycle accident, many victims suffer head injuries. Skull fractures, cerebral contusions, peripheral nerve injuries, and facial nerve injuries are common injuries victims suffer during bicycle accidents. Sometimes an accident victim will suffer a concussion but have no discernible symptoms of a head injury.
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Common Causes of Bicycle Accidents in Hernando
It is impossible to list all the possible causes of bicycle accidents. Unsafe road conditions, inattentive drivers, and alcohol use can all contribute to bicycle accidents. The following are some of the most common causes of bicycle accidents in Hernando:
- Failing to yield
- Driving at an excessive rate of speed
- Distracted driving
- Driving while intoxicated
- Poor road conditions
- Poorly maintained bicycles
Distracted driving has become a more common problem over the past decade. More drivers are now using their cell phones and other electronic devices while driving. These behaviors are extremely dangerous, and drivers who are distracted may not see bicyclists on the side of the road.
It is important to take photographs and videos of the accident scene to determine any potential causes of the bicycle accident. Documentary evidence can help establish that the other party caused the accident by engaging in negligent or reckless conduct. If you want to learn more about determining what caused the bicycle accident in which you suffered injuries, then you should speak to a bicycle accident attorney in Hernando.
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Assessing the Strengths and Weaknesses of Your Bicycle Accident Case
Bicycle accident cases are extremely unpredictable because opposing counsel will do everything in their power to deny liability and claim that you caused the accident. It is important to assert legal arguments that build on an effective case strategy. Civil lawsuits are typically concerned with establishing liability and proving the total damages amount.
Negligence contains four elements–duty, breach, causation, and damages–and these four elements must be proven if you want to obtain financial compensation for your injuries. Using the facts of the case, all relevant evidence and strong legal arguments will help you prove each element of your negligence claim. However, you need to make sure that you know the mistakes you should avoid in your case so you can be prepared for how the defense attorneys will attack your legal theories.
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Establishing Liability in a Bicycle Accident Case
As the injured party, you must establish that the defendant was liable for your injuries. Typically, this means proving the elements of negligence and establishing that the defendant had a legal duty not to engage in a particular type of behavior. A driver has a legal duty to act as a reasonably prudent person under similar circumstances.
A skilled bicycle accident lawyer in Hernando can help you determine what you need to do to prove that the defendant was liable for your injuries. Your attorney may use documentary evidence and eyewitness testimony to prove the case. Also, the discovery phase of litigation will enable your legal representative to obtain important information about what the defendant knew regarding the accident and your injuries.
Sometimes a judge will bifurcate a trial and keep the jurors from considering damages when they are assessing liability and vice versa. These types of events can affect the outcome of your case. Therefore, a skilled attorney can help you be prepared for unpredictable things that can occur during your bicycle accident case.
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The Types of Damages Victims May Claim in a Bicycle Accident Case
Bicycle accident victims may claim economic damages, non-economic damages, and punitive damages in a bicycle accident case. Punitive damages are generally only awarded in cases in which the defendant engages in conduct that is willful, wanton, or malicious. Also, punitive damages are designed to punish the defendant and to deter the defendant from committing the same conduct in the future.
Economic damages refer to losses that can be reduced to a numerical value, such as medical bills, lost earnings, and property damage. Injured victims need to take the time to add up their economic damages so the total can be asserted in the complaint. A skilled Hernando bicycle accident attorney can help you add up the total economic damages in your case.
Non-economic damages refer to those losses which are peculiar to the individual victim. These damages are not easily quantifiable, and they include loss of enjoyment of life, emotional distress, and pain and suffering. Non-economic damages are important to every civil lawsuit because the victim is seeking to be compensated for their losses.
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It can be intimidating to seek out the assistance of a Hernando bicycle accident lawyer, but it is important to obtain legal representation as soon as possible. You do not have to take on every aspect of a civil lawsuit by yourself. Our skilled lawyers will do everything in their power to protect your legal rights and help you seek financial compensation for your injuries.
If you are looking for a bicycle accident attorney, then contact us today to schedule a free consultation. We can help you gather the evidence you need to present the strongest case possible. You can stand up for your legal rights and demand that you receive the compensation you deserve.