When a car and a bike collide, it often causes the cyclist to suffer devastating injuries. If you or a loved one suffered injuries in a crash a careless or reckless motorist caused, you need an attorney who can help you hold them responsible for your damages.
At Bressman Law, we have the resources to recover the maximum compensation available through a personal injury claim. We are also small enough to offer you the individual attention you need. We know how stressful this situation is, especially if you owe medical bills and cannot return to work. Call us today at 877-538-1116 for a free case evaluation with one of our bicycle accident lawyers in Upper Arlington. We can help you understand your legal options for compensation.
Was the Driver Who Caused My Bike Crash Negligent?
Almost any time a motorist breaks a traffic law and this leads to a crash, they are at fault for any resulting injuries. Some of the most common ways drivers cause bicycle accidents include:
- Distractions that cause them to take their eyes off the road;
- Mental distractions, where their mind is “somewhere else;”
- Failing to check blind spots before changing lanes or turning;
- Failing to look for cyclists before opening their door when parked;
- Failing to check for cyclists before pulling out or turning;
- Failing to look behind them when backing up; and
- Not leaving enough space to pass safely.
- Failing to understand a cyclist’s rights in a roundabout.
If a reckless or negligent driver caused your bicycle accident, we can often file a liability claim against their auto insurance policy. This usually leads to a settlement, although we may pursue the claim in court if necessary to get the payout you need and deserve.
How Can We Prove the Motorist Acted Negligently?
To win compensation in your case, we need to collect a wealth of evidence and build a strong case that proves the motorist acted negligently and this led to your injuries. Without this type of evidence, we will not be able to collect compensation from an insurance claim or personal injury lawsuit. Instead, you will have to pay for your medical care out of your pocket. We understand you cannot afford this, especially if you are out of work. For that reason, we investigate your accident fully and do everything we can to prove negligence and liability.
Motor vehicle versus bicycle accident cases are not always easy to prove. We often need to rely on the police report, eyewitness testimony, and accident reconstruction data to understand exactly how the accident occurred and to prove fault. Sometimes we can obtain video of the crash from a nearby business or traffic camera. This can help definitively prove our case, when it is available.
Proving the motorist was negligent requires providing evidence to show:
- The driver had an obligation to drive in a reasonable manner and follow all traffic laws;
- The driver failed to follow all traffic laws by driving carelessly or recklessly;
- This failure caused a collision; and
- You suffered physical, emotional, or financial harm.
What If I Contributed to My Bicycle Accident?
In many cases, we file our claim and the insurance company will push back, alleging the cyclist caused the crash or contributed to their own injuries. When we fully investigate your collision, we may find evidence you did contribute to your accident and injuries. However, this does not mean you cannot collect compensation for the damages you suffered.
We will work to mitigate the impact of your contribution, ensuring you receive as large a payout as possible. However, if the insurance company uncovers evidence you were partially liable for the crash, the state’s comparative negligence law allows them to reduce the amount of compensation available to you.
As long as the driver is at least 50 percent responsible for causing the crash, you can collect compensation. However, the amount goes down as your contribution to the crash increases. This means if you were 30 percent responsible, you can only collect 70 percent of the compensation due to you.
Imagine a situation where a driver failed to check for cyclists or pedestrians before pulling out of a driveway, causing them to hit you. During the investigation of the crash, however, the insurance company uncovers video evidence you were speeding down the hill in excess of the 20-mph speed limit. While your actions did not cause the crash, they may have contributed to it. We will fight to minimize this contribution and aggressively pursue enough compensation to cover all your accident-related losses.
What Types of Damages Will My Payout Cover After a Bicycle Accident?
You do not want to try to settle an Ohio bicycle accident claim on your own. While it is possible to handle this type of claim yourself, most people vastly underestimate their claim value and settle for far too little money. An attorney knows how to calculate an accurate value for your damages and can offer an opinion on your case before you agree to a settlement from an insurance company.
If we handle your claim, we go to work almost immediately collecting the necessary evidence to prove your economic damages and put a fair value on your non-economic losses. The damages we can often recover for our clients include:
- Medical care expenses;
- Rehabilitation and therapy costs;
- Future care and ongoing care;
- Lost wages;
- Future lost income;
- Lost benefits;
- Pain and suffering losses;
- Property damage, such as replacement of your bike; and
- Other accident-related expenses.
How Can I Talk to a Bicycle Accident Lawyer Near Me?
Bressman Law is a small firm that offers each client the individual attention you want, but has the resources you need to effectively manage your claim. We offer free case reviews and can help you understand your legal options for compensation after a negligent driver causes you to suffer accident injuries. Call us today at 877-538-1116 to schedule a free consultation with a bicycle accident lawyer in Upper Arlington. We can help determine how you can get the money you need to cover your physical, emotional, and financial damages.