If you were injured while cycling in on the road, you may be wondering when to get a lawyer after a bicycle accident. Although each case is different, consider getting a lawyer if you have a lot of accident-related expenses, if your injuries are severe, or if your insurance payout will not cover your losses.
Like many individuals, you may underestimate your losses and not know how to seek just compensation. A personal injury lawyer will help you pursue adequate compensation for your damages.
Seeking Legal Representation After Your Accident
It is not always necessary to get a lawyer to resolve an accident involving a bicycle, but here are some situations when it would be wise to do so:
- You suffered injuries resulting in financial setbacks, like hospital expenses and lost income.
- You have serious injuries that lead to permanent disability or reduced capacity to work, causing significant deterioration in your quality of life, future income loss, and pain and suffering.
- Your insurance company denied your claim or reduced compensation by downplaying your damages and injuries.
- You received an insurance settlement offer but are unsure whether it’s enough, as you won’t be able to ask for additional compensation down the line.
- The other party in the accident denied their fault and accused you of being negligent, making financial recovery difficult from their insurance because of contested liability.
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What Else Should You do After a Bicycle Accident?
When determining when to get a lawyer after a bicycle accident, you should also take steps to help protect your right, such as:
Get the Other Party’s Information
If the driver stopped and stepped out of their vehicle, ask for their contact and insurance details. But if yours was a hit-and-run incident, take note of the vehicle’s make and model, license plate number, and time of the accident, when possible.
Document the Accident
Before leaving the accident scene, take photos and videos, including your injuries and damaged bike. File a police report to ensure there’s a record of your accident. If you did not do this at the time of the accident, go back to the scene and check for surveillance cameras. A lawyer could help you to recover available footage from the time of the accident.
Seek Medical Attention
Go to a hospital or visit your doctor within 24 hours of the accident, even if you do not have visible signs of injuries. Some of the most serious ones, such as concussion, head trauma, and internal bleeding, may not show symptoms immediately. Besides treatment, taking this step will record your physical condition, which is crucial in establishing your injury claim.
What Compensation Can You Seek After a Bicycle Accident?
Depending on the circumstances and facts about your bicycle accident, you may be awarded compensation, which might cover:
- Past, current, and future medical expenses, including medications, treatments, rehabilitation costs, laboratory tests and diagnostic assessments, physical aids, and doctor’s appointments
- Repair or replacement of your damaged bicycle
- Lost wages and benefits during your recovery, and if the accident rendered you unfit for work, loss of earning capacity and future earnings
- Damages for pain and suffering
- Other out-of-pocket costs incurred due to the accident
- Wrongful death damages for a deceased loved one, as applicable
Maintaining records of your incurred losses can help support your claim. Furthermore, a lawyer can help you calculate the value of your future or potential losses due to the accident.
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Will Your Settlement be Affected If You Are at Fault for the Bicycle Accident?
Yes. One of the factors in determining when to get a lawyer after a bicycle accident is establishing who is legally responsible for the incident. If the other party was speeding and driving aggressively at the time of the crash, they would be liable.
However, if they can demonstrate that the accident because you also acted recklessly on the road, you could be held partially liable. For instance, you were riding in the wrong lane, causing them to crash their vehicle into your bicycle because they could not stop in time.
In that case, you may only recover the compensation net of your contribution to the incident. This was based on Indiana Code § 34-51-2-5 or the state’s law on comparative fault, diminishing compensation proportionately by a claimant’s fault.
So, if you are set to recover $10,000 but were found to be 20% responsible for the accident, you can only receive $8,000 in damages.
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How Long do I Have When Filing a Claim for a Bicycle Accident?
According to Indiana Code § 34-11-2-4, those injured in accidents, such as bicycle accidents, have a two-year window to pursue compensation from those at-fault. Failing to take action within this period means you lose the option to recover damages.
Get in Touch with Sevenish Law Firm, P.C. Today
Whether you are partly responsible or not for a bicycle accident, getting a lawyer ensures your rights are protected. If you are unsure about when to get a lawyer after a bicycle accident, Sevenish Law Firm, P.C. can advise you of your options.
Get started by reaching out to our team today for a free initial consultation.
Call or text 317-636-7777 or complete a Free Case Evaluation form
