If you suffered injuries in a bicycle accident, you need to speak with a bicycle accident lawyer as soon as possible. Bicycle accidents, especially ones involving motor vehicles, can be extremely complex. Without legal support, you may not be able to recover enough compensation for your financial losses.
What Makes Bike Accident Claims So Challenging?
A bicycle accident can be far more challenging to navigate than an accident only involving motor vehicles, but why? Here are some of the main factors that make bike accident claims and lawsuits so complex:
Complicated Negligence Laws
To seek compensation in a bicycle accident case, you must prove liability. Proving that another party was liable for your accident requires you to show negligence, which has four challenging components. You must establish the following:
- The liable party owed a duty of care.
- That duty of care was breached.
- That breach directly caused the accident.
- The accident directly caused your injuries and damages.
For example, say you were hit by a moving vehicle while riding in the bike lane.
You would need to prove that the driver should not have entered the bicycle lane because of state or federal laws, meaning they owed a duty of care to bicyclists in the bike lane (1). Next, you would need to prove that the driver veered into the bike lane, breaching their duty of care (2), and that they hit you when they entered the bike lane, directly causing the accident from the breach of care (3). Finally, you must prove that the accident directly caused your injuries (4).
Proving each element of negligence, especially without a bike accident lawyer, can be far more challenging than you may realize. Without hard evidence to prove each point, you may be unable to prove liability.
Lacking Evidence
Collecting evidence for bicycle accidents typically isn’t easy. Unless your accident occurred in a very dense city area with numerous cameras, you likely will not have hard evidence to support how the accident happened.
You may be able to gather statements from nearby witnesses or review traffic camera footage for portions of the incident. Without abundant evidence, the other party may claim that you were partially liable for the accident.
Conflicting Statements From Involved Parties
Motor vehicle drivers often do not know the state laws on how to share the road with bicyclists. After an accident, the other party may provide conflicting statements to avoid assuming liability for the accident. When your statement varies from the other party’s, you may end up in a complicated insurance battle, lacking evidence to support your claim.
Convoluted Tactics From Insurance Adjusters
Insurance adjusters often employ many convoluted tactics to make you assume liability for an accident you didn’t cause so they can minimize their party’s liability and compensation requirements. When the adjuster calls, they may ask you a few seemingly innocent questions about the weather or traffic conditions. One minor mistake in your answers could put you in a position of accidentally assuming liability.
With legal assistance during the insurance claims process, you can properly navigate these questionnaires.
Claim Delays and Denials
Insurance organizations sometimes also intentionally delay or deny claims to induce further frustration. Doing so encourages you to settle on your first offer, which benefits the insurer. Dealing with delays and denials can be highly complicated, especially without support from a bike accident lawyer.
Complex Traffic Laws for Bicyclists
Bicyclists and motor vehicle drivers must follow complex traffic laws that vary between states. You must fully understand these rules and regulations to understand your rights and your case’s viability. If the other party argues that you violated a law during the accident, you need extensive enough knowledge of traffic laws to fight this claim.
Shared Liability Laws
All states enact varying laws on how you can seek compensation if you end up assuming a portion of liability. In comparative negligence states, your compensation amount is deducted based on the percentage of liability you’re assigned. In contributory negligence states, you’re barred from seeking any compensation if you’re found partially liable.
Navigating injury compensation with shared liability laws can be highly complex. A bicycle accident attorney can help you collect the right evidence to build the strongest case possible so you can seek maximum compensation for your damages.
Filing Requirements
If you want to seek compensation from insurers or through a lawsuit, you’ll need to meet strict filing deadlines, statutes of limitations, documentation requirements, and more. If you mess up on any paperwork, you may compromise your case or delay the entire process.
Contact our team today so we can fight to help you get the compensation you deserve.
How Can a Bike Accident Lawyer Help You Overcome Case Challenges?
Bicycle accidents come with many complexities that you typically cannot navigate on your own, especially while you’re trying to rest and recover from the accident. A bike accident lawyer can help you overcome case challenges in the following ways:
- Attorneys can establish liability using their legal knowledge, witness testimonies, and case evidence.
- Your legal team can overcome limited evidence by hiring investigators and witnesses. Many attorneys have industry connections to help them gather strong evidence.
- Attorneys can leverage key facts about bike accident claims, like statistics on common causes, to further support your case.
- Your attorney will understand complex bicycle accident laws, negligence requirements, and more.
- Your lawyer can help you handle insurance adjusters and can negotiate settlements on your behalf. Legal professionals know how to navigate complex insurance policies to handle claim denials or delays.
- Attorneys help you seek maximum compensation for measurable damages and non-economic losses, like pain and suffering.
- Your attorney can escalate the case to a lawsuit and fight for your rights in court when necessary.
Hire a Professional Attorney To Represent Your Case Today
Now that you understand the role of a bike accident lawyer in complex cases, you know you should seek legal representation as soon as possible. Call Accident Hotline today at (888) 340-7454 to be connected with a bike accident lawyer near you.
For a free consultation, call 888-340-7454
