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Bicycle accident law is a facet of personal injury law that deals specifically with accidents involving bicyclists. When a car, truck, motorcycle, or other vehicle collides with a bicycle, the rider often suffers serious injuries. This is because they do not have the protective advantage of a car frame, roof, and doors. As a result, anyone injured in the collision can face serious injuries and their associated medical bills on top of the need to repair physical damages.
Just as in a car versus car accident, the responsible party or their insurance company is liable for paying for the damages incurred. Of course, it is not always obvious who is at fault after an accident. Even if fault is evident, insurance companies often try to avoid paying by any means possible.
Folsom bicycle accident attorneys help injured parties navigate the insurance and legal systems after a bicycle accident. You should not be held financially responsible for damages after a bicycle accident, especially if the collision was not your fault. A bicycle accident attorney can protect you from predatory insurance companies and fight for your right to fair compensation.Pursuing compensation for your damages without legal representation is never a good idea. Your opposition will almost certainly have an attorney skilled in personal injury law who will likely win the case without proper rebuttal. In addition, you risk missing procedural requirements and filing deadlines critical to the success of your case. A Folsom bicycle accident lawyer can ensure your case proceeds smoothly, especially if litigation becomes necessary.
Remember, there is a great deal at stake in bicycle accident cases. Your settlement could mean the difference between healing comfortably and paying medical bills for years to come. The settlement available can help you and your family recover from the accident and move on financially, physically, and potentially even emotionally.To receive compensation for your damages, it is important to establish who was at fault for the accident. This is referred to as establishing negligence because oversights are a common cause of accidents. To prove negligence, your attorney must prove that:
To establish who is at fault, your Folsom bicycle injury attorney needs to gather sufficient evidence to show the driver acted negligently, causing your damages. This evidence can come in many forms, depending on the specifics of your case. Your attorney may collect:
As with any other accident on the road, there is no singular way for negligence in a bicycle accident case to occur. There are many ways a driver or rider can cause an accident. Examples include:
Though no two accidents are the same, there are some common injuries that occur during a bicycle accident. These include:
Each of these conditions can be very serious and is deserving of proper compensation. The victim should not be responsible for paying these bills as they did not cause the damages in question.
It is important to note that you may be eligible for compensation for multiple types of damages following a bicycle accident. Attorneys consider property damage, financial damages like medical bills and lost wages, and noneconomic damages like pain and suffering or loss of companionship when determining a claim amount. In addition, if the driver acted maliciously, extremely recklessly, or broke certain laws while causing the accident, the judge may require punitive damages.One of the most expensive and time-consuming aspects of a bicycle accident case is arguing your case in court. Litigation comes with significant fees, including filing fees and court fees, along with paying your attorney’s rate. Fortunately, not all bicycle injury cases end in litigation. In many scenarios, your attorney can advocate for you against the other party’s insurance company, or the attorneys in the case are able to come to an agreement outside of court. This is called a settlement.
If a settlement occurs in your bicycle accident injury case, it is likely because one side has a high probability of winning in court. When a case is this clear, neither party wants to go through the time and expense of unnecessary litigation. In some cases, a settlement may mean a slightly lower payment. However, any compromise that your attorney makes with your settlement sum is likely less than you would spend on litigation.
However, not all cases should avoid proceeding to litigation. Should your case require litigation, your Folsom bicycle accident lawyer should be prepared to represent you in court. The skilled attorneys at Kreeger Law will relentlessly advocate for your needs if we believe you are owed more than what a settlement can offer.If you are facing your first personal injury case, it is natural to feel uncertain about what to expect. Though no two court cases unfold in the same way, you can expect certain standards from your personal injury lawyer no matter your circumstances:
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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