With a median income that outpaces the state average by $40,000, Madison has earned the honor of being named by the organization, Chamber of Commerce, as the best city in Alabama. However, even good cities are not without their risks, and for bicyclists, those risks include accidents caused by other roadway users that can result in life-altering or even life-ending injuries.
If you have been injured in a bicycle accident, a bicycle accident lawyer in Madison can not only help you understand the process of seeking compensation for your injuries, but can also inform you of the services we can provide to assist you with your claim.
Seeking Compensation for Your Injuries after a Madison, AL Bicycle Accident
According to the Alabama Department of Public Health, around 200 people die each year on state roadways as a result of bicycle accidents, and thousands more are injured. Individuals who have been injured in Madison bicycle accidents can seek compensation for their injuries through the personal injury claims process. This process generally involves first seeking the full value of the claim directly from the at-fault party’s insurance provider, who can either accept the demand, deny the claim, or offer a settlement for a lower amount.
If the insurance provider fails to accept the claim or offer a reasonable settlement, the claimant can file their claim in civil court and have the court determine the compensation that is owed in the matter.
For a free legal consultation with a Bicycle Accident lawyer serving Madison, call 800-537-8185
Proving Liability After a Bike Accident
In order to have a successful outcome to a Madison bicycle accident claim, the claimant must be able to show that someone else is liable (legally responsible) as a result of the careless or reckless actions they took that resulted in the accident. Liability is proven by establishing these three elements:
- The at-fault party had a duty to protect the health and safety of other road users by operating their vehicles in a safe and legal manner.
- This duty was breached by the at-fault party’s carelessness or recklessness.
- The breach resulted in a bicycle accident in which the claimant was injured and subsequently incurred expenses and impacts.
The Type of Compensation You Can Receive for Bicycle Accident Injuries
In Alabama, individuals seeking compensation through the personal injury claims process after a bicycle accident can recover both economic and non-economic damages. In layman’s terms, this means you can seek compensation (damages) for the expenses (economic) and impacts (non-economic) you incurred as a result of your injury. Examples of the types of expenses and impacts you can pursue compensation for include wage loss and/or loss of future earning capacity, medical expenses, property damage you sustained in the accident (such as damage to your bike or helmet), physical pain and suffering, and emotional distress.
Seeking Compensation after a Hit-and-Run
According to the American Automobile Association (AAA), more than 2,000 people are killed each year as a result of hit-and-run accidents on U.S. roadways. Unfortunately, hit-and-run bicycle accidents are not only common but complex. The reason for the complexity is that most personal injury claims are paid via an associated liability insurance policy that is held by the at-fault party.
If a claimant does not know the identity of the driver who caused their Madison bicycle accident, it is a safe bet that they also do not have the information of that individual’s insurance carrier in order to file a claim. If your injuries were the result of a hit-and-run accident, your attorney can explore options for seeking compensation that include:
- Filing a claim against the at-fault party, if they are located by law enforcement
- Analyzing your case to determine if there are additional sources of liability
- Examining your own insurance policies for resources such as uninsured motorist coverage or personal or employer-sponsored health plans
The Time Limit for Filing a Bicycle Accident Lawsuit in Madison
All states provide a statute of limitations on personal injury claims. What this means is that you must file your lawsuit in court by a certain deadline in order to retain your right to use the court system to seek compensation for your injuries. In Alabama, personal injury lawsuits — including those involving bicycle accidents — must generally be filed within two years of the date on which the injury occurred.
In some cases, such as claims made by individuals who were injured in bicycle accidents when they were minors, there is the opportunity to toll (extend) the statute of limitations. For example, minors have two years after their 19th birthday to file. Your bicycle accident attorney will advise you if there is an extended statute of limitations in your case.
How a Bicycle Accident Attorney in Madison Can Help You with Your Claim
From the time liability has been determined, a value of the claim has been established, and the demand package is sent to the at-fault party’s insurance provider to the point when your settlement or court award has been received, an experienced Madison bicycle accident lawyer can provide experience, guidance, and an array of services aimed at ensuring your right to be compensated for the injuries caused by someone else.
To speak with one of the experienced Madison bicycle accident attorneys from Morris Bart LLC about your case, obtain answers to your legal questions, and learn more about the process of seeking compensation, contact us for a free case evaluation.
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