When a cyclist is hit by a car, they may be entitled to recover economic and non-economic damages. This can include all past and future medical expenses, loss of income, property damage, and more. However, other bicycle accidents may not involve a motor vehicle. In these cases, other parties could be liable.
Contributory Negligence
Imagine that you are a cyclist, and that you’re in the middle of your ride when a distracted driver runs a red light and crashes into you. Unless you can prove that the driver was completely at fault, your claim may be barred by a law known as contributory negligence.
Contributory negligence requires that you be at least 1% responsible for the accident, which can make it much more difficult to recover compensation from insurance companies or in court. For example, if you ignore a sign or a traffic signal and get struck by a car, it could be found that you contributed to the accident to some extent — even though the other driver was 99% at fault — and this would bar you from recovery.
Fortunately, some states have moved away from this harsh contributory negligence standard through caselaw and legislation. Grosso’s bill will bring the District of Columbia in line with a majority of other states and will apply to pedestrians as well as drivers. Those states that still have this law on the books should consider changing it. It’s important for everyone to understand how these laws affect cycling accidents. Taking the time to educate yourself can prevent you from getting a nasty surprise in the form of a reduced award for your injuries.
Disputes and Challenges
Many cyclists sustain serious injuries in accidents involving motor vehicles. These incidents often result from motorists failing to check for cyclists when turning right, pulling out of junctions and driving too close. They also can occur when cyclists are forced to swerve to avoid vehicles stopped or parked illegally in cycle lanes.
A lawyer experienced in bike accident claims can deal with the various arguments and challenges from the defendants and their insurers. These can include questions of shared fault and the value of your losses. A lawyer can help you understand when these issues are valid and when the defendants are making unreasonable claims to undermine the strength of your case.
In addition to general damages, your bicycle accident solicitor can help you claim tailored’special damages’ payments for any costs directly related to your injury. This includes medical costs, loss of earnings and the cost of care needs or adapting your home to accommodate a disability. Special damages can run into thousands or even millions of pounds. Your attorney can explain the treatments and aids available to assist you, such as physiotherapy, specialist wheelchairs, electric scooters, and car modifications. These can all help make your life more manageable and enjoyable despite your serious or life-changing injuries.
Visit Website: https://www.united-solicitors.co.uk/road-traffic-accident-claims/cycling-accident-claims
Dealing with Denial of Claims
If you are a victim of a cycling accident, you may be entitled to financial compensation for your losses. This includes both special and general damages. Special damages, also known as economic damages, cover monetary losses like medical and therapy bills, out-of-pocket expenses, lost wages, and property damage. In some cases, these damages may even extend into future periods when you are expected to be out of work due to your injuries.
Non-economic damages, on the other hand, cover more intangible harms and impacts. These include pain and suffering, disfigurement, emotional distress, post-traumatic stress disorder, and more. Although it’s difficult to put a dollar value on these, a knowledgeable lawyer can help you gather and present crucial evidence that proves your injuries and their impact on your life.
A skilled bicycle accident lawyer can also help you deal with insurance companies that refuse to settle your claim or blame you for the incident. This is especially true for complex claims involving severe injuries, such as traumatic brain injury, spinal cord injuries, permanent scarring, fractured bones, and more. In these cases, the defending party, in most cases a driver, will need to be proven to have breached their duty of care to you, and that their negligence caused your injuries.
Visit the link to learn more: https://hbusnews.com/cycling-accident-compensation-claims/
