Immediate Steps to Take After a Bicycle Accident

In personal injury law, the victim of another's negligence or recklessness has the right to pursue compensation. The victim is the plaintiff, while the individual responsible for the incident is the defendant. The court may award the plaintiff monetary damages for their losses and injuries if they successfully established their personal injury claim against the defendant. 

However, it is crucial to remember that the events leading to a personal injury claim may also be the foundation of criminal charges. For instance, you may face a civil lawsuit for injuring a biker, a criminal DWI charge, or other associated motor vehicle infractions for disobeying the law. This is why it’s important to know the essential steps to take after an accident, something bicycle accident lawyer John Yannone of Price Benowitz can help with.

Understanding Negligence Personal Injury Claim

When someone initiates a personal injury claim due to negligence, they have the right to seek compensation for the other party violating the duty of care they owe them. However, a negligence-related personal injury claim is case-specific. In other words, the duty of care one owes someone mainly depends on the circumstances surrounding the case. 

Typically, we are all legally responsible for showing a degree of care that an ordinary individual would demonstrate under a given context. For instance, in a motor vehicle personal injury matter, every motorist owes other motorists and road users the duty of care to drive responsibly and obey all traffic regulations.

The foreseeability of harm that may exist if one fails to exercise the duty will dictate to the plaintiff if they have a duty of care. For instance, if a motorist owes others a duty of care to heed all motor vehicle laws but fails to maintain a safe speed or keep a proper lookout, they have likely breached their duty of care, which negligently caused a personal injury to the victim. Auto accidents are one of the most typical negligence-related personal injury claims.

Types of Damages and Personal Injuries

A plaintiff can suffer numerous damages due to a personal injury – physical or emotional injuries or both. Damages are also categorized into economic and non-economic damages, both of which are evaluated to determine the rightful compensation. What’s more, some injuries do not manifest instantly; they become evident over time. Accidents and injuries, elder abuse, unsafe drugs, premises liability, nursing home abuse, dog bites and animal attacks, construction mishaps, toxic exposure, defective products, product liability injuries, and wrongful deaths are some of the most common instances of events that can serve as the foundation of a personal injury claim.

Shedding Light on a Bicycle Mishap

A bicycle accident is an automobile crash where a motorist hits a bicyclist, causing property damage or personal injury to the victim. However, sometimes, the accident might also be between two cyclists. It is essential to determine the guilty party in a bicycle accident where someone sustains injuries. It should be the first step because the guilty party will typically be liable for the victim's damages and losses. 

After determining the fault, the victim will file a claim with the at-fault party’s insurer to recover damages. Under contributory negligence laws, the person at fault, whether fully or partially, cannot receive compensation and may face property damage charges or be responsible for the other party's injuries. However, under comparative negligence laws, the degree of fault determines the amount of compensation one can pursue.

If you or any other person invites law enforcement to the accident scene, they will likely prepare a formal accident report. The report will identify a party as the cause of the mishap and contain the statements and names of all parties involved in the crash and their eyewitnesses. You can contact the police to obtain a copy of the report as evidence. You may need to pay a small fee for the report. The most typical channel for receiving police reports is through digital media, which usually comes with associated fees. 

In most accidents, one of the motorists is often guilty, and their insurance firm will not challenge the case. For instance, if you run a red light with your car and strike a cyclist, you will probably be at fault and bear responsibility for the cyclist's injuries. Further, in an auto accident scenario where an individual is driving under the influence, such a person is usually guilty of the accident. 

What to Do If Involved in a Bike Crash

As mentioned, auto accidents are among the most typical purposes for personal injury claims. Also, there are various degrees of injuries in an auto accident. The injury is likely to be severe or even lead to death when a motorist hits a cyclist because nothing is protecting the cyclist in the collision. 

Take the following steps if you are involved in a bicycle accident:

IdentifyYourInsurance: The first step to prepare for an auto mishap claim as a cyclist is to get a copy of any insurance policy covering anyone involved in the crash.

CallLawEnforcement: It is also crucial to contact the police because, as discussed earlier, a police report will identify the guilty party, which you can use to prove liability. Also, law enforcement officers often assist in coordinating emergency care for injured parties. 

TakePhotos: It is essential to also take pictures of the accident scene. The photos should capture any damage to the vehicles, persons, or property involved in the collision. 

SeekMedicalIntervention: It is vital to seek medical attention immediately after a bicycle accident to ensure your well-being. Document every medical expense as you will need it for the claims process. 

KeepCopiesofAllVitalDocuments: It is also essential to keep copies of other crucial documents apart from police reports and medical bills. Witness statements and estimates of property damage are examples of such essential documents. 

Know Your State’s Laws: Ensure you comprehend the personal injury laws in your jurisdiction, as all states have different ways of determining faults in bicycle crash matters.

How An Experienced Lawyer Can Help

Personal injury laws vary from jurisdiction to jurisdiction and also require a victim or plaintiff to prove different legal elements to receive compensation for their injuries. That is why it is in your best interests to speak with a local bicycle accident attorney if you are involved in an accident. The lawyer will enlighten you on who to hold responsible for your injuries. Sometimes, multiple parties might be responsible for your losses. If the at-fault party’s insurer is unyielding, the attorney can help you file a civil lawsuit and represent you in court.

Related Article:

Bicycle Accident Claims in Hobbs, NM, and Bicycle Helmet Defects: Legal Support