Cycling is an exciting and eco-friendly way to get around, but unfortunately, it also comes with its difficulties and challenges. If you’re commuting to work or enjoying a weekend ride, you could find yourself involved in an accident that leads to serious injuries.
If you’re ever in a bicycle accident, it’s crucial to know that your options for compensation extend beyond just your health insurance. Unfortunately, many cyclists aren’t aware of the legal processes involved in filing a claim after an accident.
If you don’t know what to expect, you could end up missing out on compensation that you’re rightfully owed. That’s why it’s a good idea to find a bicycle accident lawyer for your claim early in the process. An attorney can help you navigate the difficulties of the lawsuit process and ensure you get the payment you deserve.
1. Insurance Doesn’t Always Have Your Back
One of the biggest mistakes cyclists make is assuming their auto insurance or the driver’s insurance will cover all their expenses. While it’s true that some car insurance policies may cover bicycle accidents, many don’t offer adequate protection. Cyclists often don’t realize that the coverage provided by the at-fault party’s insurance may not be enough to cover medical bills, lost wages, and other expenses.
That’s where having the right legal help comes into play. A bicycle accident lawyer will understand the intricacies of your state’s insurance laws and can help you access every possible source of compensation, including suing the driver directly if necessary. Without legal assistance, you might be left with a settlement that doesn’t cover your total losses.
2. You Need to Prove Fault
It is important to prove that someone else was at fault for the accident to get the right compensation from the case. It looks easy, but it’s not that simple. Even if the driver was speeding or running a red light, proving negligence in a court of law can require gathering evidence, such as witness statements, video footage, or accident reconstruction reports.
Most cyclists don’t realize the importance of thoroughly documenting the scene of an accident. Photos of the location, your bike, and any visible injuries can be incredibly helpful in proving fault. A bicycle accident attorney can guide you on how to collect and preserve this evidence and even assist with hiring investigators if needed.
3. There’s a Time Limit
In personal injury cases, time is often of the essence. There’s something known as the statute of limitations, which is the time window you must file a claim after an accident. For many jurisdictions, this period is two years; however, in some cases, it may be shorter or longer.
It’s easy to put off contacting a lawyer, especially if you’re recovering from your injuries. Waiting for too long makes the case be dismissed because of a missed deadline. You must reach out to a bicycle accident lawyer for your lawsuit as soon as possible, so you can ensure that you meet every required deadline and keep your options open for compensation.
4. Your Injuries Might Be Worse Than They Seem
After an accident, adrenaline can mask the severity of your injuries. A cyclist might feel fine after a crash, only to later realize that they have sustained serious issues like neck or back pain, brain injuries, or fractures that didn’t show symptoms right away.
Insurance companies may downplay the severity of your injuries if they aren’t immediately documented, and they could argue that you weren’t seriously hurt if you didn’t seek medical attention right after the crash.
A bicycle accident lawyer can confirm that your medical records precisely reflect the true extent of your injuries.
5. Don’t Settle Too Quickly
Insurance companies are experienced at settling rapidly and providing lower compensation amounts than what you deserve. Cyclists are often in a vulnerable position after an accident and may feel pressured to accept an offer that doesn’t even cover their medical bills.
Always remember: You don’t have to take the first settlement offer. They will fight to ensure you obtain a suitable settlement based on your injuries and needs.
