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Legal Help for Bicycle Accident Victims: Your Rights Explained

Janice Ruiz by Janice Ruiz
July 17, 2024
Legal Help for Bicycle Accident Victims: Your Rights Explained
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Bicycling is a wonderful way to stay fit and reduce your carbon footprint, but it’s not without risks.

Accidents can happen, and when they do, they can lead to serious injuries.

If you find yourself in such a situation, knowing your rights and seeking legal help is crucial to getting the compensation and justice you deserve.

What to Do Right After a Bicycle Accident

If you’ve been in a bicycle accident, acting quickly is important.

Just like drivers, cyclists should report the accident to the police. This official documentation can be a key piece of evidence when dealing with insurance companies and potential legal claims.

If you’re able to, document as much as you can by taking photos and even contacting any witnesses. This can be hard depending on your injuries, but any extra evidence can benefit your case drastically.

Why You Need Legal Representation

Whether your injuries are minor or severe, professional legal advice can not only help protect your rights, but it can often lead to compensation as well.

There are many law firms that specialize in helping bicycle accident victims, with outstanding track records of getting the compensation that victims deserve, so don’t let this daunt you.

Understanding Bicycle Accidents

Bicycle accidents can vary a LOT.

Let’s take a look at the most common causes of bicycle accidents and the impact it can have on the victim and their families.

Common Causes and Fault

Bicycle accidents can happen for many reasons, quite often due to drivers’ negligence.

Common causes include failing to yield at intersections, distracted driving, and speeding.

Even if you’re wearing a helmet, this won’t prevent all injuries if you’re in a collision with a vehicle.

Determining fault in these accidents typically revolves around negligence. If drivers ignore traffic signals or don’t give cyclists enough space, they could be found negligent.

However, cyclists can also be partially at fault if they break traffic laws. This concept, known as comparative negligence, can impact the amount of compensation a cyclist might receive.

This nuance is one of the reasons why hiring a lawyer is a great idea.

The Impact on Victims

The aftermath of a bicycle accident can be devastating.

Injuries can range from minor scrapes to serious conditions like fractures, head injuries, and spinal damage.

But the pain isn’t just physical. Many victims experience emotional distress and psychological trauma that can last for years.

The resulting financial burden can also be overwhelming.

Medical bills, rehabilitation costs, and lost wages can add up quickly. This is where a skilled accident lawyer becomes invaluable, helping you navigate the legal landscape and ensuring you get fair compensation to cover the bills and your time away from work (and more).

The Legal Journey to Compensation After a Bicycle Accident

A few stages are involved with a legal claim following a bicycle accident.

Filing a Personal Injury Lawsuit

After a bicycle accident, gathering strong evidence is crucial. Photos of the scene, police reports, and witness statements can support your claim.

Hiring a personal injury attorney ensures you file your lawsuit correctly and on time, which can literally save thousands.

A personal injury lawsuit starts with drafting and submitting a complaint that details the crash, injuries, damages, and the defendant’s liability.

Your attorney will guide you through the legal process, including dealing with the defendant’s insurance company, which will likely try to minimize their responsibility.

Settlements and Recovering Damages

Most bicycle accident cases are settled out of court. Settlement negotiations involve your attorney and the defendant’s insurance company discussing compensation.

Settlements can cover both economic damages (like medical bills and property damage) and non-economic damages (like pain and suffering). Your attorney’s job is to make sure you get a fair deal. They’ll advise you on whether to accept a settlement from the insurance company or to take the case to court to go for a bigger payout if you deserve it.

If your case goes to trial, the court will decide on the compensation based on the evidence presented. The goal is always to secure the maximum possible damages to support your recovery and financial stability after the accident.

Health, Safety, and Prevention

After a bicycle accident, always seek medical attention, even if you feel fine.

Some injuries, like internal bleeding or brain injuries, might not show symptoms right away and can take weeks or even longer to appear. Prompt medical care can detect these hidden issues early and improve your chances of recovery.

Regular follow-ups help monitor your recovery, and you may need physical therapy to regain full functionality. This can stack up the bills associated with your recovery, yet another reason why legal help should be employed.

Always document your medical treatment, as this can be vital for legal claims later on.

Safety Regulations for Cyclists

Bicyclists must follow the rules of the road. Always use dedicated bike lanes when available. Ensure your bike is outfitted with lights and reflectors to enhance visibility, especially at night.

Wearing a helmet is not just about personal safety; it often aligns with state regulations. In some areas, non-compliance can affect legal outcomes in the event of an accident.

Working with a Bicycle Accident Lawyer

Having an experienced bicycle accident lawyer on your side is crucial to ensure you receive the justice and compensation you deserve for a bicycle accident.

The Importance of Skilled Legal Advocacy

Seeking legal help doesn’t need to be complicated, and a skilled and experienced bicycle accident lawyer can make a significant difference in the outcome of your case.

An experienced lawyer will navigate complex legal procedures, ensuring that deadlines are met and necessary documents are filed efficiently.

These professionals often work on a contingency fee basis, meaning they only get paid if you win your case. Many also offer a free consultation or free case evaluation to assess your situation and provide initial guidance without any financial obligation.

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Janice Ruiz

Janice Ruiz

Janice Ruiz is a paralegal who comes from a long line of legal professionals in her family. When not working or writing, she enjoys watching documentaries about true crime events.

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Why Arizona’s Safe Passing Law Matters After a Bike Accident Cyclists in Arizona share the road with fast-moving vehicles daily, often placing their safety in the hands of motorists. While the open roads may offer freedom, they also come with serious risks when drivers fail to respect cyclists' space. Arizona's Safe Passing Law plays a vital role in determining fault and guiding compensation after a bicycle-related crash. Understanding this law becomes essential for anyone seeking the guidance of a bicycle accident lawyer in Phoenix. Safe passing regulations influence liability assessments, affect settlement negotiations, and impact how claims are litigated. Recognizing the law's practical implications allows injured cyclists to assert their rights more effectively. Overview of Arizona’s Safe Passing Requirements Arizona Revised Statutes (ARS) §28-735 outlines the Safe Passing Law, requiring motorists to allow a minimum of three feet of clearance when overtaking a bicycle. This rule applies whether the cyclist is in a designated bike lane or sharing the main roadway with other vehicles. The intent is clear: create a buffer that protects cyclists from sudden swerves, side mirrors, or unexpected road debris. The three-foot rule isn’t merely a guideline—it carries legal weight. Violating it constitutes a traffic offense and often signals negligence in the context of personal injury claims. The Law’s Role in Determining Driver Negligence When a collision involves a motorist and a cyclist, one of the first legal questions is whether the driver upheld their duty of care. Failure to provide the mandated clearance supports a finding of negligence, which becomes foundational to any injury claim. A bicycle accident lawyer in Phoenix will closely examine crash scene evidence—such as tire marks, vehicle position, and witness statements—to assess compliance with the Safe Passing Law. Proving that a driver violated this statute strengthens the injured cyclist’s argument and often influences how insurance adjusters value the claim. How Violations Influence Compensation Calculations Arizona follows a pure comparative negligence model, allowing injured parties to recover damages even if partially at fault. However, the percentage of fault assigned to each party directly impacts the financial recovery. When a motorist breaches the Safe Passing Law, that violation typically increases their share of responsibility. Demonstrating such misconduct may significantly shift the fault allocation, potentially increasing the injured cyclist’s compensation. Photographs, dash cam footage, and official citations all serve as evidence to show a breach of this duty. Importance of Scene Documentation and Witness Accounts After any bike accident, immediate documentation proves essential. Arizona’s Safe Passing Law is often interpreted based on distance, which can be challenging to measure accurately without proper evidence. Cyclists should attempt to gather details from witnesses, obtain police reports, and photograph road conditions if physically able. Legal teams use this information to create collision reconstructions and demonstrate how the driver encroached on the cyclist’s space. Because the law centers on proximity, even subtle lane deviations can establish liability. Witnesses who observed an unsafe pass become critical to affirming legal violations. Interplay Between Local Ordinances and State Law While ARS §28-735 applies statewide, cities like Phoenix may implement additional traffic rules that reinforce or expand safe passing protocols. In some cases, local regulations include stricter language or define more precise boundaries on shared roadways. Understanding the interaction between municipal codes and state law offers an advantage in personal injury litigation. Attorneys often reference both layers of regulation to present a comprehensive argument for liability. Local traffic citations further support claims of driver misconduct under both legal frameworks. Impact on Motorist Insurance Disputes Insurance carriers assess fault based on police reports, statutes, and the circumstances surrounding the incident. When drivers ignore the Safe Passing Law, they expose themselves to scrutiny not only from law enforcement but also from their insurers. Claims adjusters may attempt to minimize the severity of an infraction or question the cyclist's behavior. However, when clear evidence shows that a motorist failed to allow three feet of space, it becomes harder to dispute liability. Legal representatives utilize this leverage to challenge lowball offers and negotiate for fair settlements. 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