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I Got Hit by a Car on My Bike—Can I Sue?
Cycling is a popular form of transportation throughout the United States. It is fun, affordable, and helps keep you fit. Though it is fun, it is a high-risk activity because a speeding car or a reckless driver can severely injure cyclists. So what do you do when you get hit by a car while cycling and how can a personal injury lawyer help you maximize your compensation?
The first thing you need to know is there are two main claims you can file. The first is an insurance claim, and the second is a personal injury lawsuit. If the accident was caused by reckless driving, then you can file an insurance claim. If the insurance company refuses to pay, the next step is filing a personal injury lawsuit.
It must be made clear that insurance companies are for-profit businesses and do not look out for your best interest first. It is in their interest to pay out as little as possible. For this reason, we advise you to seek the services of a reputable lawyer to have a professional familiar with the insurer’s tactics to fight for your favorable outcome.
When to Sue
According to the Pedestrian and Bicycle Information Center, 857 bicyclists and 6,283 pedestrians were killed in 2018. Many more were injured as a result of careless drivers. When you are involved in an accident, you should always work together with your attorney to prove negligence and to determine liability. A driver has committed an offense if the accident was caused as a result of:
- Sudden turns without checking the rear-view mirror
- Tailgating a cyclist which indirectly results in a crash due to loss of control
- Striking a cyclist as a result of running a stop sign or a red light
- Suddenly opening a vehicle door which results in an accident
- Drifting into a bike lane
What to After a Collision with a Vehicle
Immediately after a vehicle hits your bike; there are certain things you need to do to help ensure your claim is successful. The first thing you need to do is to gather evidence while you call 911. Collect information from the drivers involved, such as their full names, license number, insurance company, policy number, and general vehicle information.
If the at-fault driver makes any admissions, make sure to record it as it may help with your case. Also, if there were witnesses, it is important to point this out to the attending officer to include their statements in the police report.
As always, ensure you seek medical attention as soon as possible. By doing so you document any injuries immediately, leaving no room for an insurer or liable party to refute when the injury took place.
Types of Bike Accident Compensation
The type of compensation you could win will depend on the circumstances of the case and how well your legal team can prove negligence and your losses. All in all, expect to be compensated for:
- Lost wages
- Property damage
- Cost of therapy
- Medical bills, both current and past
- Pain and suffering
- Reduced earnings
Get in Touch with a Qualified Personal Injury Attorney
We believe every cyclist has a right to be compensated when a driver’s negligence leads to your injury, loss, and hardship. Our team can guide you through each step of the process, from meeting filing deadlines, determining liability, collecting evidence, quantifying the value of your claim, and negotiating your settlement with an insurer.
When you’re ready to hold the liable party accountable, schedule your free consultation with Spencer Calahan Injury Lawyers by dialing 225-387-2323 or by visiting us online.
