Davis Law Group, P.S.

Who is at fault for a bicycle accident involving a motor vehicle?

Often times it is not be easy to determine who is legally at fault after a bicycle accident. Many people think that because they've been hit by a car, they have an open and shut case. Not so. A determination of liability is heavily dependent on the facts involved in each case. Since the driver and bicyclist each have a duty to act "reasonably under the circumstances," the parties may share fault for what has happened. In these cases it may take much more effort, time and expense by the victim to recover fair compensation for her medical bills, lost wages, and other damages caused by the accident.

But if you're the bicycle accident victim, the injuries are usually much more severe than the typical personal injury case. You will likely experience the trauma of an emergency room visit. You may have had a prolonged stay in the hospital or face months of reconstructive surgery or physical therapy. Perhaps you're struggling to pay off medical bills that just keep coming and pile up as time goes on. There's a very good chance that the accident has caused you to miss work and your income has been affected so that you're having trouble making ends meet. You might have suffered a significant loss of mobility and may be physically unable to perform activities of daily living. Emotionally, you may be struggling as well, since depression is a common symptom following a traumatic injury. Then you discover that your insurance company isn't as helpful as it should be. You may suspect that they aren't telling you everything. The amount they're willing to pay may not be anywhere near what you need to keep your head above water. How can this be? There can't be anything more straightforward than getting knocked off your bike by a car. Why are things suddenly so complicated and why can't you get the compensation you need and deserve? How did things suddenly become so complicated and confused? What are the next steps you should take?

Sadly, the reason for all of this is that the legal process after an accident isn't as simple as many people think. Far from being cut and dried, the justice system has many gray areas and procedural traps. And the laws regarding bicycle accidents are very complicated. What seems obvious at the scene of the accident may not be so easy to prove years later in a courtroom. If everything isn't fully documented, witnesses not interviewed, or medical treatments not properly followed, etc., achieving a successful outcome in your case can be very difficult. Insurance companies often intentionally deny, delay and defend against these types of legitimate claims to increase profits. They know how to use the complexity of the legal process in their favor. After you've been in an accident, you should be concentrating on getting better and not having to deal with uncooperative insurance companies through confusing, unfamiliar rules and procedures. This is why you shouldn't try to do this alone. You should engage the services of a knowledgeable and experienced attorney to help protect your interests--especially when the damages are high and/or the injuries severe. Your attorney will determine whether or not you have a case, help you gather and organize the materials needed to pursue it, and handle negotiations with the insurance company and other parties to get the best result possible.