bicycle collisions faqs

What are some of the dangers associated with riding a bicycle?
What are some of the causes of bike wrecks in the US?
Where do bicycle collisions most often occur?
What if I was partially at fault for my bicycle accident?
What issues will I face in making a claim for my injuries sustained in a bike collision?
An insurance company is offering me a nice settlement. Should I take it?
If I was injured in a bicycle accident do I need to hire a lawyer or can I handle the claim myself?
What kind of a lawyer should I hire?

 

What are some of the dangers associated with riding a bicycle?

There are several dangers that are associated with riding a bicycle. They are: 

  • Bicycles are less visible on the roadways than a car or truck.
  • Bicyclists are more susceptible to changes in weather.
  • Bicyclists have less protection than an enclosed vehicle.
  • If a collision occurs between a bicycle and a car or truck, the rider is more likely to die or be injured.

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What are some of the causes of bike wrecks in the US?

The most common causes of a bicycle wreck are:

  • Motorist turning or merging into the path of a bicyclist.
  • Motorist overtaking a bicyclist.
  • Bicyclist turning or merging into the path of a motorist.
  • Motorist failed to yield right-of-way at a junction.

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Where do bicycle collisions most often occur?

Most crashes occur at non-intersections, in the evening and at night.

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What if I was partially at fault for my bicycle accident?

A person can still sue, even if partially at fault, in a bicycle accident, as long as they can prove that the motor vehicle driver contributed to the accident. However, your recovery may be reduced if you are partially at fault.

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What issues will I face in making a claim for my injuries sustained in a bike collision?

The three categories of issues that typically arise in a tort claim after a traffic accident are:

  • Liability – who is at fault and to what degree.
  • Damages – injuries or losses that were caused by the bicycle accident.
  • Insurance Coverage – what the insurance company will pay for after a bicycle collision.
  • A claim for injuries usually is based upon carelessness or negligence.  In worst case scenarios, it involves an intentional or reckless act.

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An insurance company is offering me a nice settlement. Should I take it?

You should not take any settlements offered by an insurance company without first speaking with an experienced bike wreck lawyer.

The other driver’s employer or insurance company will typically offer minimal amounts of money in return for your signature stating that you will not sue. This usually happens rather quickly after the accident takes place. Insurance companies will often discourage you from obtaining a bicycle collision attorney so they can pay less to resolve your claim.

You should never take an insurance check or sign anything without first consulting a bicycle accident lawyer. You can jeopardize potential compensation and waive important rights that help to protect your interests.

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If I was injured in a bicycle accident do I need to hire a lawyer or can I handle the claim myself?

The law does not restrict you from handling your own claims.  However, you should keep in mind that the insurance companies and the insurance companies’ attorneys are trained professionals.  It is their job is to resolve their potential "liability" by paying as little as possible to you. Insurance companies are just that - companies.  They, like most businesses, are in this business to make a profit for their owners and shareholders. 

Photographs and statements will be taken as soon after the accident as possible. You need an experienced bicycle collision attorney on your side to protect your interests and to gather the important pieces of evidence helpful to you. Otherwise, this evidence can be lost, misplaced or be purposely destroyed if it is not collected on your behalf immediately.

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What kind of a lawyer should I hire?

You should choose a law firm that has handled many bicycle collision and injury cases.

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