If you or a loved one suffered serious injuries because of a bicycle accident, your life has likely become a whirlwind of problems and unanswered questions, such as:
- When will I get better?
- How am I going to pay for all of this?
- Can I prove this was someone else’s fault?
- What should I tell the insurance company about the accident and my injuries?
- Do I really need a lawyer?
If someone else caused your bicycle accident, a bicycle accident lawyer in Hilliard can help protect your legal rights and demand fair compensation. For more information on how to hold the other party liable, call Bressman Law at 877-538-1116.
When can a driver be liable for a bicycle accident?
Though bicyclists are legally entitled to use an entire lane, distracted motor vehicle drivers sometimes disregard them, forcing riders out of the way or even colliding with them. Drivers can also cause accidents if they:
- Open their doors without first checking for bicyclists in the bike lane
- Fail to yield right-of-way to bikes
- Do not double check blind spots before turning or changing lanes
- Park in bike lanes
How will Bressman Law help me recover compensation for my bike accident?
To recover injury compensation from another party, we must prove negligence. We establish negligence in a personal injury case by showing four things:
- A legal duty existed
- Someone breached that duty
- The breach was the proximate cause of injuries
- The claimant or plaintiff can prove specific damages
Ohio drivers all owe a duty of care to other users of the road, including cyclists. This duty is to drive safely and avoid causing undue harm. A driver can breach this duty by breaking a traffic law or simply making a mistake. This might include:
- Texting or talking on the phone
- Failing to yield right of way
- Entering a bike lane
- Opening a door into a bike lane without first checking for cyclists
- Driving while fatigued
- Driving while intoxicated
We will investigate the accident and determine exactly how the accident occurred. This might include gathering photos or surveillance video, consulting the police report, interviewing eyewitnesses, and working with accident reconstructionists.
Once we have determined how your accident occurred, we will begin tying your injuries to your accident. To do so, we will consult your medical records and interview medical experts. Then we will establish what the accident took from you (e.g., medical bills, lost wages, etc.).
Even with definitive proof and a strong case, insurers will do whatever they can to avoid paying you what they owe you. They may argue that you were to blame or that you are not as injured as you say you are. We know the tricks insurers attempt to pull on vulnerable accident victims. We are not afraid to stand against these insurers and fight for the compensation you deserve.
What types of compensation are available?
The goal of compensation in personal injury cases is to cover:
- Out-of-pocket medical expenses (past and future)
- Income loss (past and future)
- Other economic damages, such as the costs of modifying your home or car to accommodate a wheelchair or of hiring a landscaping service to mow your grass while you recover
Noneconomic damages are also very common in bicycle accident cases. These damages, which are not as easy to calculate as economic damages, might include pain and suffering, emotional distress, and loss of relationships. The emotional and psychological effects of traumatic brain injury, for example, are often severe, but are not straightforward and calculable.
We might interview your loved ones, friends, employer, and coworkers to determine how the accident has affected your life, and use this testimony to prove you deserve noneconomic damages.
If your loved one died in a bicycle accident, you might be entitled to recover funeral, burial, or cremation expenses and lost wages, in addition to various emotional damages.
Make sure you know your rights in an injury claim.
The opposing side can take any statements that you make to the insurance company and use them against you. This often happens right after the accident occurs. Claims adjusters often call accident victims and ask them to share their side of the story with a recorded statement. During this call, claims adjusters often attempt to trick claimants into admitting fault or downplaying their injuries.
And most people agree to do these recorded statements because they do not know they can decline. You do not have to — and should not — sign anything, give an interview, or submit a written statement for the insurance company, especially without first consulting an attorney.
If you do receive any offers of settlement from the other side’s insurance company, be sure to ask them to put it in writing. Our team will look it over for you and ensure it covers all your damages.
Where can I speak with a bicycle accident lawyer near me?
Bressman Law is focused on helping personal injury victims in and around Hilliard recover compensation. The firm uses its knowledge and experience to negotiate with insurance companies or present your case to a jury if need be. Contact us now to schedule a free case consultation: 877-538-1116.