Car and Bicycle Accidents can prove to be fatal and can cause some serious injuries. The cause of these accidents is complete negligence caused by the biker or car driver. In case of any injury or damage, a personal injury lawsuit can be filed to recover the loss. This should be done within a designated time frame after the accident to ensure that quick action is taken.
Basics of Accident Liability
Both Cyclists and drivers should pay heed to traffic rules. These rules require you to abide by certain laws and be responsible for the safety of people traveling on the road and for that of yours as well. Bicycle and car accident lawsuits are usually governed by the state law.
Bicycle Accidents Due to Neglect
When a cyclist files a lawsuit against the car driver to recover his losses for injuries, the result solely depends on the following two factors.
- Was the accident caused due to the negligence of the driver thereby resulting in injuries to the cyclist
- Was the bicyclist careless in any way which could have led to the accident?
Negligence caused by a driver can be because of various reasons. For instance, over speeding, driving in a bike lane or bypassing a sign that says stop are examples of how the driver has put the safety of other people on the road in jeopardy. In this case, the cyclist must prove that the driver caused danger to his life by violating basic traffic laws thereby causing him the injury. This should be backed by strong evidence or an eyewitness to prove the carelessness of the defendant.
It is always not the driver’s fault that can lead to the accident. It can also be the biker who was at fault. If the biker has tried to ride on a one-way street or has tried to cut his way through between automobiles, then the outcome of the lawsuit will depend on this factor. In this case, the cyclist will not be able to claim any compensation for damage. This can be known as contributory negligence.
Hit and Run Accident
If the driver flees from the accident scene like in a hit and run case, then the options to claim are restrictive. You will have to use your own health insurance and then file a police complaint to track down the driver.
One of the most effective ways to get compensated is by filing a third-party claim with the insurance company of the driver who caused you this injury. You will be able to recover any losses incurred to your body and your bicycle.
Do the following to be able to file your claim properly: –
- Get all the required medical attention
- Get your documents together including a picture of the accident scene and injuries before they were bandages along with medical bills
- Contact a good attorney
- Coin a demand letter that will put forward all the demands that will be sent to the driver’s insurance company.
Accidents that include bicycles and automobiles can cause some serious destruction. In this case, you must get your case evaluated first by consulting an attorney who will do an analysis of the merits of your losses and will help in the protection of your rights.