While cycling comes with many benefits, from improved health to a cheap form of transportation, it does not come without risks. Accidents between bicyclists and motor vehicles are common, and the cyclist could end up with serious, even fatal, injuries.
If someone else’s carelessness contributed to your accident, a Wildwood bicycle accident lawyer could help you seek financial recourse. A hardworking injury attorney could investigate the cause of your accident and gather sufficient evidence to hold the negligent party accountable.
Negligence is the legal term to describe a situation when someone fails to use the care a reasonably cautious person would use in similar circumstances. It is the responsibility of the injured biker seeking damages to establish that someone’s negligence contributed to their injuries.
Vehicle drivers are often not sufficiently attentive to the presence of cyclists on the road and might not notice them until it is too late. Some drivers resent having to share the road with bicycles and might intentionally pass too closely or at too high a speed. Any indication that a driver did not see a biker, did not give them adequate space, or drove without due care for the cyclist’s safety could be evidence of negligence.
Besides the driver, other parties’ negligence might contribute to a crash. If a mechanical failure had a role, the manufacturer of the defective product could be liable. If road maintenance was an issue, the local government might have some responsibility. A savvy injury attorney in the area could thoroughly investigate an accident to identify all the parties whose negligence might have had a role in the bicycle wreck.
Damages in a bike crash case should put the injured bicyclist in the same financial position they were in before the accident. All expenses and personal losses the injured individual incurs related to the accident are compensable through damages.
Economic damages reimburse out-of-pocket expenses. These include costs of medical care, ongoing treatment, property damage, and any other costs related to the accident. Economic damages also include lost wages, the value of employment benefits used while recovering from the injury, and diminished future earnings if the cyclist will be unable to resume their prior employment.
Non-economic damages acknowledge the intangible losses an injury causes. An injured cyclist might receive money to compensate them for their inconvenience, physical pain, emotional trauma, and diminished quality of life due to the lingering effects of the injury. An experienced Wildwood attorney could help an injured biker and their family document all the ways the accident has impacted their life and use this evidence to support a claim for non-economic damages.
Missouri Revised Statues § 516.120 sets the statute of limitations for personal injury cases at five years from the date of injury. An injured bicyclist who does not file a lawsuit within the statutory time period loses their right to sue forever.
Despite the generous timeframe the law allows, it is better to act sooner rather than later. Engaging legal representation soon after an accident could strengthen their negotiating position with the responsible parties.
Most accident cases settle long before the injured person has to file a lawsuit. However, it is still advised that bicyclists who were harmed in an accident speak with a local attorney as soon as possible.
It can take a long time to recover from the physical and mental trauma of a bike crash. While you are trying to get better you do not need the stress of fighting with defense lawyers determined to offer you as little as possible.
A Wildwood bicycle accident lawyer could handle negotiations on your behalf and ensure that any settlement is fair. Schedule a consultation today to get a committed professional fighting for you.