Signs That a Bicycle Accident Qualifies For a Lawsuit

Signs That a Bicycle Accident Qualifies For a Lawsuit

It is less traffic, cheaper, safer, fitness, little pollution and lots of fun! You have many reasons to be on your bike. Despite all these positive reasons to ride your bicycle, motorcycle accidents can be fatal. Even though it is easier to prevent the accidents from happening rather than trying to handle the outcome, sometimes the preventive measures do not work. Just like for auto accidents, you can get compensation for injuries sustained in bicycle crashes.


How can you tell if the bike accident qualifies for a lawsuit? Look out for these signs.


You were hospitalized


  • If you were injured to the extent of being hospitalized, it is possible that you sustained injuries sufficient for a personal injury lawsuit. Here is a list of the damages that can allow for a personal injury claim:
  • Injuries that require future medical expenses such as fractures and head damage
  • When the injured is unable to enjoy the daily pleasures of life due to the injury
  • Injuries that cause permanent effects on the individual appearance; in that one or more body parts are disfigured or deformed
  • When the injured cannot carry out household duties as they did before the accident; thus have to seek help at a cost
  • Injuries that reduce the earning capabilities of the victim
  • When the injuries deprive the victim of the benefits of marriage such as a solace, sexual relations, companionship, assistance and affection, the uninjured spouse can file for financial compensation
  • If the injured suffers permanent disabilities
  • Injuries that cause pain, suffering, and mental anguish
  • If the injured incurs medical expenses such as hospital stays, drugs and doctor’s fees as a result of the accident


Your bike was broken


If your expensive bicycle was broken, you might want compensation for property damage. A good option to file for this lawsuit is small claims court, where you will be allowed to represent your interests. The maximum amounts payable in small courts varies from one state to another. Some states allow high payouts of up to $12,000 while others permit small payouts of $3,000.


If the cyclist was a minor


For bicycle accidents involving children, the adult motorist is usually held to a higher standard of care. Therefore, they are expected to be mindful of other road users and especially the minors. Therefore, an accident involving a motorist and a junior cyclist is easy to prove fault. Kids also need to practice these safety measures.


The other party has ever been charged with crime


In cases where the defendant has been accused of crime before, it is easy to presume negligence; especially when the defendant has been found to have violated a criminal decree.


You followed all rules


If you took all the biking precautions such as wearing a reflector jacket and you still got injured due to the other party’s negligence, then you are likely to win the lawsuit. In instances where you were partly responsible for the injuries, you might still recover for a percentage of your injuries through the comparative negligence rule.


If you have been involved in a bicycle accident, consider consulting a personal injury lawyer. The attorney will advise you on the best legal action to take to obtain fair compensation.


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