Bicycle accidents kill thousands of people every year, and the worst part is that bikers aren't the ones to blame in most cases. This happens because car drivers feel more entitled to be on the road than bikers, so they break the rules more often and end up causing accidents.
Therefore, anyone who gets in a bicycle accident must call a personal injury attorney who can help them get the fair compensation they deserve and hold the other party accountable for their actions.
Causes of Bicycle Personal Injury Accidents
Many bikers suffer the consequences of careless drivers every day. Some of the most common motor vehicle accidents are caused by not following road regulations when driving near a bike lane. However, sometimes bikers drive on the wrong side of the road or ignore stop signs, so they crash against cars and get injured.
Still, not all bike accidents are caused by other vehicles. Sometimes bikers get hurt due to maintenance problems on the road, crashing against other bikers, or getting attacked by an animal.
Decreasing the Risk
Although it is common for cyclists to get in accidents, there are several things they can do to reduce the risk. Some of the most effective things they can do are the following.
Wearing a helmet is crucial for bikers to avoid getting a brain injury. It can even reduce the risk of getting a deadly injury by a 50%.
Many car drivers claim they get in accidents because they didn't see the biker soon enough. Therefore, bikers must increase their visibility as much as possible by using bright colors and reflectors.
The most important advice that all drivers must follow is not to drive while drunk, as most fatal accidents happen because one of the parties is driving while intoxicated.
Proving Negligence in Bicycle Accident Cases
Sometimes it may be challenging to determine who is responsible for the accident, but this is the most crucial part of the investigation. That way, the personal injury lawyer can determine who to blame for the crime. In most cases, the car driver is going to be liable for the accident. Still, other parties could be involved in some cases, such as the bike manufacturer or even a government entity.
In order to determine who is liable for the accident, the personal injury attorney must prove a breach of duty between the parties due to negligent actions. A bicycle accident attorney in Des Moines can do this by gathering evidence and doing thorough research on all the factors involved in the bike accident.
Who Can Be Held Liable in a Bicycle Accident?
Some of the most common defendants in bike accidents are the following.
Motor vehicle drivers and their insurance companies.
Government agencies.
Bike manufacturers.
Pet owners whose pet attacked the biker.
Pedestrians who got in the way of the cyclist.
Bicycle Accidents and Children
When children are involved in an accident, it becomes a much more serious deal. This is something usually referred to as "unusual care," which is the greater duty of care that drivers must have when driving in areas where children tend to be around, even if there aren't any kids at the moment.
Moreover, the law tends to weigh heavily on kids' side when they're involved in a bike accident. This depends on the child's age, as older teenagers tend to have greater legal responsibility. Still, in most cases, the driver is going to be at fault unless they can prove they couldn't have avoided the accident.
Damages in a Bicycle Accident
There are three main types of damages that a cyclist can suffer in an accident, and all must be considered by the lawyer when settling the claim.
Economic damages, such as medical expenses, lost wages, and any property repairs that must be done after the accident.
Non-economic damages include the pain and suffering and psychological damages the biker may suffer because of the accident.
Punitive damages are decided by a judge if the at-fault party committed a serious offense, such as drunk driving.
Statute of Limitations
The statute of limitations of personal injury cases changes from state to state. However, the best thing to do is file the claim as fast as possible. According to Iowa law, bike riders have up to three years to file a lawsuit, but in some cases, they only have 30 days.
Moreover, it is crucial to quickly gather as much evidence as possible because important data might get lost if too much time passes.
What to Do After a Bicycle Accident
If someone gets into a bike accident, they must do the following things to stay safe and gain control of the situation. Personal injury cases can be pretty scary and stressful, but knowing what to do can help ease anxiety.
The first thing that needs to be done is to make sure everyone is safe and call 911, even if there aren't any visible injuries yet.
Both parties must exchange contact and insurance information.
It is crucial not to react angrily or immediately take the fault for the accident. Moreover, the people involved shouldn't negotiate the settlement without the presence of a lawyer.
In case of a hit and run, the bike rider must get a detailed description of the vehicle and, if possible, try to find any security tapes that may have recorded the incident before filing the claim.
Cooperation with the police is crucial to get an official report and use it to build the case.
Moreover, this is the perfect moment to collect as much evidence as possible. This can be done through photographs, videos, or audio recordings.
Both parties must go to the hospital and get an official health report as evidence. They must also follow the doctor's advice and take care of their injuries.
Finally, the victim must call professional personal injury attorneys who can help them get fair compensation for their losses and get a free case evaluation.
Other Waukee Practice Areas
Get a Free Initial Consultation from a Personal Injury Attorney Law Firm
Anyone looking for personal injury attorneys in Waukee, IA, to obtain fair compensation after a bike accident should call the Tom Fowler Law Firm for a free initial consultation today. This is a highly professional law firm with fantastic accident lawyers who are experts in pedestrian accidents and know how to bring justice to anyone in Dallas county.
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