If you’ve been hit by a car while biking, you might wonder if you can pursue legal action against the other driver. The answer is yes. You can sue if you get hit by a car while biking.
At Good Guys Injury Law, we’re here to help you understand your rights and options to pursue your bicycle accident case.
Our team takes personal injury and bicycle accident cases seriously and ensures our clients get genuine assistance and recover financial compensation. If you are looking for personal injury protection from bicycle accidents, Good Guys Injury Law can help you make things easier.
Let’s walk through the steps and considerations involved in filing a lawsuit after a bicycle accident.
Table of Contents
Understanding Your Legal Rights
You have the right to seek compensation if you were injured due to someone else’s negligence. Gathering evidence and documenting everything related to the accident, your physical injuries and legal liability is paramount. Our personal injury law firm will help you protect your rights throughout the legal process.
Most personal injury cases require proving negligence. First, seek medical attention and document all injuries. You should also gather evidence from the accident scene, including photos and witness statements.
At Good Guys Injury Law, we assist you in your serious injuries and compiling this evidence to strengthen your claim for a personal injury lawsuit.
Furthermore, it’s essential to recognize that cyclists have specific legal protections. These laws are designed to keep cyclists safe and hold the at-fault driver accountable.
If a driver fails to respect these laws and causes you harm, you have the right to take legal action and seek financial compensation. A bicycle accident lawyer can help you leverage these protections and build a strong case.
Legal Protections for Cyclists Involved in Accidents
In Utah, bicycle accident laws are designed to protect cyclists and promote safe road sharing. Cyclists are considered as motor vehicle operators and must adhere to traffic laws.
Cyclists involved in accidents have specific legal protections to help them recover damages unless facing a hit-and-run accident.
Act quickly and consult a legal professional to protect your rights. A bicycle accident attorney specializes in advocating for cyclists.
We can guide you through the legal process of recovering your due compensation, and we offer a free consultation.
Determining Fault in a Bike-Car Accident
Determining fault in a bike-car accident can be complex. It often involves analyzing traffic laws, witness statements, and evidence from the accident scene. In most bicycle accident cases in Utah, the fault is determined based on negligence, meaning someone was careless or reckless.
Our legal team can help you gather evidence to establish fault and build a strong personal injury case.
Steps to File a Claim Against the Driver
When filing a claim, stay organized and thorough. Before you send documents to an insurance company, keep copies for yourself. Our personal injury lawyer will help you prepare and submit your claim. We ensure that nothing is overlooked, giving you the best chance for a successful outcome.
- Call your bicycle accident lawyer: Our team can assist you throughout this process if you need help determining where to begin or your options.
- Contact law enforcement: Make sure a police report is filed. The report will have the other driver’s contact information.
- Notify the insurance company: Inform the driver’s insurance company about the accident as soon as possible. Please provide them with a detailed account of the incident. For example, to support your insurance claim afterward, explain the circumstances of the accident and any injuries you sustained truthfully.
- Gather medical records: Collect all medical records related to your injuries. These documents are vital for proving the extent of your injuries. For instance, detailed medical reports can show the accident’s effects on your health.
- Collect evidence: Gather all evidence from the accident scene, including photos and witness statements. This evidence will support your claim. For example, photos of your damaged bike and the accident scene can illustrate the severity of the incident.
- Prepare a demand letter: Draft a letter to the insurance company outlining your case. The letter needs details of the accident, your injuries, and the compensation you seek. For instance, specify the medical expenses, lost wages, and pain and suffering you have experienced.
- Negotiate a settlement: Be prepared to negotiate with insurance. Having legal representation can strengthen your negotiating position. For example, our attorneys can advocate for a fair settlement that covers all your damages.
Understanding the Statute of Limitations in Utah
In Utah, the statute of limitations for filing a personal injury claim is usually up to four years from the accident date. This means you have a limited amount of time to take legal action.
Start the claims process immediately to ensure you get this deadline. At Good Guys Injury Law, we help you stay on track and meet all necessary deadlines.
Working with Insurance Companies
Know your rights and be prepared for potential obstacles. Some companies have bad faith in insurance claims and practices regarding car accident cases.
At Good Guys Injury Law, we help you master these interactions to ensure you get fair treatment. We aim to make the process as smooth and stress-free as possible.
Uninsured or Underinsured Drivers
Your auto insurance company can also play a role in covering your damages. Depending on your policy, you may have coverage for accidents involving uninsured or underinsured drivers.
If the driver at fault lacks adequate insurance, an additional source of compensation is considered. We can help you recognize and utilize your insurance benefits.
Calculating Damages and Compensation
Car accident victims need to calculate their damages. These include future medical bills, lost income, and psychological damages.
At Good Guys Injury Law, we work with you to ensure all your damages are accounted for. We aim to get you the best compensation for your injuries and losses.
Types of Damages You Can Claim
In a car-bicycle accident, you can recover compensation for the following types of damages:
- Medical bills: This is any expense related to your medical care. From hospital bills to physical therapy, these expenses add up quickly. For example, ongoing treatments and medications can greatly burden your financial stability.
- Lost wages: If your injuries prevent you from working, you can claim lost wages. This includes both current and future income losses. For instance, if you need several months to recover, you should be compensated for that lost income.
- Pain and suffering: This compensates you for any physical or emotional consequence of the accident. It’s harder to quantify but equally important. For example, chronic pain and emotional trauma can have a long-term repercussion on your quality of life.
- Property damage: You can claim the cost of repairing or replacing your bike and any other damaged property. This ensures you’re in charge of these expenses. For instance, a high-end bicycle can be very costly to replace.
- Loss of enjoyment: If your injuries have taken your passion for something, you can be eligible for compensation. It’s a recognition of the broader impact of your injuries. For example, if you can no longer participate in a sport or hobby, you deserve compensation for that loss.
How Long Does It Take to Resolve a Bike Accident Case?
The timeline for resolving a bike accident case can vary. It depends on factors like the severity of the injuries and the insurance company’s willingness to settle.
Some cases may be resolved in a few months, while others can be more complex and take years if they go to trial. At Good Guys Injury Law, we strive to resolve your case as quickly and efficiently as possible, keeping you informed at every step.
Can I Sue if I Wasn’t Wearing a Helmet?
Yes, you can still sue if you weren’t wearing a helmet. However, if you don’t wear a helmet, it can affect the amount of compensation you receive. The defense may argue that your injuries were more severe because you weren’t wearing a helmet. We can help you build a strong case, regardless of whether you are wearing a helmet.
Can I seek compensation even if I Was Partially at Fault?
Even if you were partially at fault, you can still seek compensation. Due to Utah’s comparative negligence law, your compensation may be subject to a reduction based on your degree of fault. For example, if you are found to be 20% to blame, your compensation would be reduced by 20%. Our attorneys can help minimize your perceived fault and maximize your compensation.
When riding, you can protect yourself if you:
- Obey traffic laws: Cyclists must follow the same traffic laws as motor vehicles. This means stopping at red lights, yielding where needed, and signaling turns. For example, using hand signals to indicate a turn helps drivers know your intentions and prevents accidents. Violating traffic laws will likely end in a bicycle accident.
- Use designated bike lanes: Whenever available, cyclists should use bike lanes. These lanes provide a safer space for riding and help reduce conflicts with motor vehicles. For instance, riding in a bike lane can keep you away from the door zone of parked cars.
- Wear proper safety gear: While not all states require helmets, wearing one can reduce your risk of injury. Reflective clothing and lights are also essential for visibility. For example, using a rear light and reflective tape can make you more visible during night rides.
- Avoid distractions: Just like drivers, cyclists should avoid distractions like using phones. Staying focused on the road helps you react quickly to any hazards. For instance, keeping both hands on the handlebars ensures better bike control.
- Ride predictably: Riding in a straight line and avoiding sudden movements helps drivers anticipate your actions. This reduces the likelihood of accidents. For example, sudden lane changes can confuse drivers and lead to collisions.
- Be aware of surroundings: Always be aware of your surroundings and anticipate potential hazards. This includes watching for pedestrians and opening car doors. For instance, slowing down when approaching intersections will give you more time to react to sudden changes.
- Report unsafe conditions: If you encounter dangerous road conditions, report them to local authorities. This can help improve safety for all cyclists. For example, reporting a pothole can prompt repairs and prevent future accidents.
Contact Good Guys Injury Law for a Free Consultation With Our Utah Bike Accident Lawyer
Have you been hit by a car while biking? Good Guys Injury Law can help you pursue the compensation you deserve. Our attorneys know what bicycle accident victims face due to reckless driving. We will study your case and get you the maximum compensation you deserve.
We know your challenges and are here to guide you every step of the way. Let our trusted team handle all legal aspects while you focus on your recovery. Contact us for a free consultation to learn how we can help you with your case.