Just like motor vehicle accidents, bicycle accidents can result in serious personal injuries. In the event of an accident or crash, bicycles provide almost no safety to a cyclist. Bicycle accidents and bicycle crashes are rapidly increasing as biking emerges as a means of transportation and leisure in city life, and this is also true in Kansas City. Bicycling accidents most often come in two common forms: (1) being hit by a motor vehicle, and (2) defects or hazards in the roadway. Although a collision with an automobile is probably the greatest hazard cyclists face, defects or other hazards in the road also pose a potential risk. Additionally, in many accidents, the bicyclist is a child.
The Kansas City bicycle accident lawyers of Bautista LeRoy LLC have successfully handled every type of bicycle accident. Whether a bicycle accident is a solo accident or involves a collision with a motor vehicle, the accident is usually the result of someone's negligence. Most often, the fault and negligence rest with the motorist, cyclist or the governmental entity responsible for maintaining the road, or some combination of the three.
If a responsible party is a motorist, or the accident happens because of some defect in the roadway, the cyclist has a legal right to be compensated for his or her injuries. Negotiations with the driver's insurance company will always focus on fault and the severity of the cyclist's injuries. The insurance company will frequently fault the cyclist because insurance companies dispute cyclist rights, and insurance companies will also downplay any resulting injuries. Insurance companies will often not pay for any damages in a cycling accident, and insurance companies do not take your claims seriously without legal representation.
Personal Injury Bicycle Accident Claims
First, contact law enforcement. Get a police report! Do not leave the scene. Some cyclists do not realize that they have been injured until many hours after the accident. What might seem like minor injuries, later develop into serious and permanent injuries. By then, it may be too late to identify the at-fault driver. Second, seek prompt medical treatment for your injuries. This is proof that you were injured, and the medical records generated by the medical provider will help establish the extent of your injuries. Additionally, take photos of your injuries. Third, do not negotiate with the at-fault driver. Just get the driver's name, address and insurance information. Fourth, contact a lawyer experienced in handling bicycling accident cases. Once the accident report is complete, you and the lawyer can make sure that it is accurate. The accident report should include the driver's statement as well as all other witness statements.
The law enforcement report should also include the cyclist's statement. Regardless of whether an accident report is written, make sure that you have the driver's name and contact info, as well as the names and contact info of any witnesses. If you are physically unable to gather this information, ask a witness to do it for you. Fifth, the accident scene should be investigated for information about how the accident occurred. This may include skid mark measurements and other damage to the roadway. You and/or your attorney should also photograph the accident scene, speak with additional witnesses, and measure and diagram the accident scene. Sixth, leave your bike and other damaged property in the same state it was directly after the accident.
Take photos of all your damaged equipment and accessories. Seventh, do not communicate with the insurance company before consulting with an experienced bicycle accident attorney. When you communicate with the insurance company, they are just gathering information to be used against you later. The insurance company is seeking to gather the information that can be used to blame the cyclist for causing the accident.
At Bautista LeRoy LLC, we have extensive experience investigating and prosecuting bicycle injury claims. When you hire our firm, we will advance all costs associated with representing the client. If we do not win your case, the firm takes on the losses of the litigation costs. In fact, we only get compensated when we win the case. Simple as that. Give us a call at 833-381-6589 or contact us online.
Summary
Bicycle accidents happen frequently because bicycles are the most common mode of transportation in cities and places like Missouri, where streets are really busy.
Aside from that, these bicycle accidents typically happen because of:
- Motor vehicle collisions
- Roadway defects or hazards
Negligence is usually the reason for bicycle accidents. This might be because of a driver, an unmaintained road or both the bicycle rider and the driver are at fault. Sadly, some insurance companies often try to blame the bicycle rider. Undervaluing the claim that injuries are not that bad, so they do not have to pay the bicycle rider what they should.
That is why everyone needs to know what to do in the event of an accident. Here are some steps accident victims should take:
- Call law enforcement and request a police report.
- Seek medical help even if you think your injuries are not that bad.
- Take pictures of your injuries, your bicycle and where the accident happened.
- Write down the driver's information, as well as the witnesses.
With the help of Bautista LeRoy LLC, bicycle accident cases will be handled carefully. The firm is determined to help protect your rights and seek justice. Our legal attorneys will make an in-depth investigation to counter the insurance company's tactics and build a strong case. Also, our attorneys operate on a contingency fee basis, so you will not have to worry about expenses and can focus on recovery.
You should not have to deal with people making assumptions about you, or try to understand laws by yourself. With help, you can protect your rights and recover with ease. You can reach Bautista LeRoy LLC by visiting our website or by calling 833-381-6589.
What to do right after a bicycle accident?
Here are the initial steps that need to be done right after an accident:
- Call law enforcement and request a police report.
- Seek medical help even if you think your injuries are not that bad.
- Take pictures of your injuries, your bicycle and where the accident happened.
- Write down the driver's information, as well as the witnesses.
These information are important. The information you get early can be very helpful or hurtful to your case later.
Who is usually at fault in a bicycle accident?
It depends. It is rarely as simple as it looks. Fault and negligence are usually blamed on one of three parties or a mix of them:
- Driver's who were distracted from driving, failure to yield, or did 'dooring' (the car door was opened on the cyclist's path causing the accident).
- If the accident was caused by poorly maintained infrastructure
- The cyclist's own actions or negligence
Can I still recover compensation after a bicycle accident?
Yes. If someone or something else was proven to have caused the accident. You may be able to recoup fairly for:
- Medical expenses
- Diminished income capacity
- Pain and suffering
- Damage to your bicycle and gear
Why do insurance companies often blame cyclists?
Sometimes, insurance companies intentionally blame cyclists during negotiations for:
- Exploiting Bias: Assumption that cyclists as 'unpredictable' or 'reckless.
- They want to reduce the amount they pay for injury claims.
- Making the cyclist seem the one at fault.
Often, insurance companies do not take claims seriously unless an attorney is involved.
Should I speak to the insurance company after the accident?
No. You have to consult with an experienced bicycle accident attorney before communicating with the insurance company. Insurance companies usually gather information to deny or devalue your claim.
How can Bautista LeRoy LLC help me with my bicycle accident case?
Bautista LeRoy LLC provides the specialized expertise needed to navigate complex bicycle litigation. Our firm helps victims by:
- Investigating the Evidence: We get help from accident reconstruction experts to establish the truth
- Managing Negotiations: We handle all negotiations with insurance providers to fight for a fair settlement.
- Contingency-Based Representation: We cover all upfront litigation costs. You pay no legal fees unless we successfully recover compensation for you.
