How to Bring a Successful Bicycle Accident Claim

According to statistics from the Centers of Disease Control and Prevention (CDC), over 130,000 are injured in crashes that occur on roads in the US every year. Some of the primary reasons of bicycle accidents include cyclist and driver errors such as inebriation, loss of control, and speeding as well as environmental factors like poorly maintained or wet or slippery road conditions.

If you have been injured in a bicycle accident that wasn’t your own fault, you could be entitled to compensation for your injuries. One of the best ways to assess whether you have a valid claim is by consulting an experienced bicycle accident lawyer who can help you to put together a strong case and document the extent of your losses. In this article we will discuss some of the legal aspects of bringing a successful claim and the steps you should take after your accident.

The Legalities of Your Claim

A personal injury claim centers on proving that you were injured as a result of another party’s (the defendant’s) negligence. By demonstrating that the defendant had a duty of care towards you, your legal team will set out to prove that this duty was breached, resulting in your accident and ensuing injuries.

Through the gathering of evidence you and your lawyer can establish that a chain of causation existed between the defendant’s actions and the injuries or losses you sustained. This is necessary in order to recover compensation for any damages you incurred such as medical expenses, loss of future income, pain and suffering, the cost of repairing or replacing your bicycle, and other related losses.

In a civil claim such as this, the burden on proof will be on the cyclist to show that the defendant is more likely than not responsible for their injuries, or ‘beyond a preponderance of the evidence.’  This can be achieved through some of the following examples:

• The defendant failed to see the cyclist due to distraction, intoxication, or inattention
• The defendant opened their car door in the way of an oncoming cyclist
• The defendant drove their vehicle into a bike lane
• The defendant made a turn into the path of a cyclist without looking

Steps to Take After a Bicycle Accident

The following steps can help you protect yourself and increase your chances of successfully pursuing a claim for compensation.

• Gather any evidence of the accident scene through photographs and video footage. This should include any damage to your bicycle and other property or vehicles, eye-witness accounts, as well as relevant factors such as weather, road or lighting conditions.
• Seek medical attention for your injuries as soon as possible after your accident and document any physical injuries by taking photos.
• Report your accident to the police and obtain a copy of the police report.
• Keep copies of any invoices or bills associated with your accident such as medical expenses, cost of therapy or rehabilitation, and travel expenses to and from appointments.
• Keep a journal of your life after the accident, documenting any challenges or difficulties you have incurred as a result.

By following the guidance in this article you can ensure you are well prepared for bringing a bicycle accident claim and increasing your chances of receiving the compensation you are entitled to.