According to The Consumer Product Safety Commission, in 2019, 500,000 bicycle-related injuries were treated in emergency departments. In addition, 2010 data from the CDC showed that injuries and fatalities from a bicycle accident lead to $10 billion in medical and productivity losses.
If you or someone you know has suffered from bicycle-related injuries, let our bicycle accident attorneys in Dothan help you. We deal with personal injury cases in Dothan, Alabama.
Types of Bicycle Accident Injury Claims We Handle
When you are involved in a bicycle accident, you risk getting serious injuries. Bicycle safety is important, but unlike a vehicle, you have no form of protection against injuries besides a helmet. Some of the injuries you can expect after a bicycle accident include:
- Head injuries
- Soft tissue injuries
- Broken arm and legs
- Facial and dental injuries
- Internal injuries
- Spinal injuries
For a free legal consultation with a Bicycle Accident lawyer serving Dothan, call 800-537-8185
How Liability Is Determined in a Bicycle Accident?
In the case where a car and bicycle are involved in an accident, the court must determine who is at fault. The court focuses on the negligent party when the accident occurred.
Under tort laws, negligent drivers who breach their duty of care should be held liable for an accident. In addition, drivers who intentionally cause harm and injuries must be held liable. Negligent behaviors that can be depicted by motorists and cyclists include:
- Swerving to the bike lane
- Swerving or making an abrupt turn on incoming traffic
- Ignoring traffic signs, including stop signs
- Ignoring Alabama bicycle law
Drivers are held to high standards in car and bicycle collisions, especially involving children cyclists. Alabama state liability laws hold that anyone who causes injuries to another person out of negligence must compensate the victim(s). However, if the driver shows that the victim was partially to blame for the accident, recovery will be barred entirely.
Types of Compensation You Can Seek After a Bicycle Accident
Cyclists who are injured due to negligence by drivers are entitled to receive compensation under tort law. Depending on your injuries and the nature of the accident, a Dothan bicycle accident attorney can help you get the following types of compensation:
- Economic damages
- Non-economic damages
Economic Damages are simply financial harm that an injured person experiences after an accident. Economic damages are calculated in monetary terms, and they include:
- Lost capacity to earn
- Destruction of property
- Medical bills
- Lost wages
- Cost of repairs
- Household expenses
Non-economic damages are intangible losses you experience due to the accident, and they cannot be quantified. Non-economic damages simply mean that a victim suffered emotional and psychological pain, which they will have to deal with for the rest of their lives.
The courts will have to calculate pain and suffering in order to determine how to compensate you. The damages are meant to compensate you for the following
- Loss of consortium
- Emotional pain
- Losing the ability to enjoy life
The Statute of Limitations on Bicycle Accident Claims in Alabama
If you have been involved in an accident in Dothan, Alabama, you must seek compensation as soon as possible. Alabama has a two-year statute of limitations for all bicycle accidents, which begins from the date of the accident. You must file a lawsuit within this time, or you will miss out.
The statute of limitations applies to both the car driver and the cyclist as long as they suffer injuries from the accident.
Actions to Take After a Bicycle Accident
Knowing what to do after a bicycle accident can determine whether you successfully receive compensation or not. Here are some of the things you need to do following a bicycle accident.
1. Seek Medical Help
Your health and life come first; if you have been seriously injured, call 911 for emergency services or ask someone near you to call for help. A doctor’s report will go a long way in proving how serious your injuries are, ultimately helping get compensation.
2. Call the Police
If your injuries are not serious, you can wait for the police to arrive at the accident scene. Both you and the car driver must be present at the accident scene to present both your statements to the police.
3. Avoid Conversing with the Driver
If the driver asks you to sort out the issue without including the third party, don’t accept. Wait for a medical and police report since you may not know the full extent of your injuries or the accident.
Also, some drivers can change their narrative and even deny being at fault.
4. Obtain Relevant Information
You need to exchange contact information with the vehicle’s driver as this will help keep in touch. Some of the information you should get include:
- The vehicle license plate
- The driver’s license number
- The insurance policies number
- Make of the vehicle
You also need to write down the witness’ contact information. Remember that witness testimony can help corroborate your story and help prove the driver’s negligence.
5. Preserve the Evidence
If anything at the accident scene can help your case, you need to preserve it. Things like a damaged bike part or bloody clothing can help your case. You can also take pictures and videos of the vehicle and the accident scene, especially if there is evidence like skid marks on the road.
6. Don’t Negotiate with the Insurance Company
Avoid directly negotiating with the driver’s insurance company even if they insist on doing so. Instead, call a Dothan bicycle accident lawyer to help with your case.
A Bicycle Accident Lawyer in Dothan Can Help You Get Compensation
It’s no secret that cyclists have a higher risk of being injured in an accident between a vehicle and a bicycle. No matter how devastating the accident is, you need the help of an experienced attorney to fight for what you truly deserve.
At Morris Bart, we will assess the facts of your case and give you advice on how to pursue compensation. Contact us today for a free case evaluation.
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