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7 Steps for Seeking Compensation Following a Bicycle Accident
The steps for seeking compensation following a bicycle accident are similar to those you might take if you’re injured in a car accident.
Bicycle accidents can be serious—according to the National Highway Traffic Safety Administration, more than 1,100 bicycle accident deaths occurred related to crashes in 2022 in the United States. Incident rates are higher in warmer months, according to the NHTSA, because people are more likely to be out enjoying good weather on bicycles. In the Sunshine State, bicycle weather is almost year-round, making it important for drivers and riders to understand bicycle safety and what to do following an accident.
Is the Driver Always Responsible in a Bicycle Accident?
When a bike and car collide on the roadway, the bicycle and the cyclist are obviously at greater risk of damage and injury than the car and its driver. Because of that, vehicle drivers have a duty to be aware of their surroundings and act in a manner that is in keeping with traffic laws and in the interest of the safety of everyone else on the road, including cyclists. However, that doesn’t mean that a driver is automatically the one at fault in any given accident, and cyclists also have a duty to obey traffic laws.
If you are involved in an accident as a cyclist and want to know if you can seek compensation for your injuries from another party, such as a driver who may have caused the incident, consider talking to personal injury lawyers to understand what your options might be.
Steps for Seeking Compensation in a Bicycle Accident in Florida
Every personal injury case is unique, and it’s important to understand what might be best in your situation. Personal injury attorneys can provide specific guidance about your case. However, some common steps related to seeking compensation following a bicycle accident are listed below.
1. Gather Evidence at the Scene of the Accident if Possible
Evidence regarding the incident may become critical to supporting your claim, especially if you have to bring the matter to court. If it is possible to do so safely, you may want to get pictures or videos of the accident scene immediately after the incident or ask someone else to do it for you. Images of debris, the vehicles and bicycles involved, and any damage to nearby structures like bushes, mailboxes, fencing, or buildings can help demonstrate what may have happened during the accident.
2. Seek Medical Attention
Seek medical attention immediately after the accident. Even if you don’t feel like you are seriously injured, let first responders check you out and consider going to the hospital if they suggest it. Immediate medical records related to the accident can help support your claim that you suffered injuries caused by the incident.
3. Report the Accident
Report the accident to the proper authorities. If there are injuries, call 911. If you don’t believe there are serious injuries that might require an EMT response, report the incident to a non-emergency law enforcement number.
4. Document Your Losses
Take time to document your losses. Keep track of receipts related to any medical treatments required for injuries, and gather information backing the worth of any possessions that were damaged in the accident, such as your bicycle.
5. Contact Your Insurance Company
Consider whether your own insurance company may step in to compensate you for any losses or help pay for medical bills. You may need to contact your health insurance company, for example. If you have any type of coverage that might be relevant to your bicycle, consider talking to your agent about whether you should file a claim.
6. File a Personal Injury Claim
Talk to a personal injury legal team about your case and whether you have options for seeking compensation from a third party. You may be able to seek compensation via a personal injury claim through the driver’s insurance company if you can demonstrate the driver was at fault in the incident, for example.
7. Determine Whether You Can Negotiate a Settlement
Work alongside your legal team to understand how the case is going and what steps you should take as the other side responds to your claim. Your legal team can provide guidance about whether any settlement offered by insurance companies or others in the process seems appropriate and fair or whether you might be able to seek more compensation in taking a case to court.
Reasons to Work With Personal Injury Attorneys
Personal injury attorneys provide support and guidance throughout the process of seeking compensation following an accident. They help you understand who you should make a claim against—often, you may need to name more than one person or company in such a lawsuit—and prepare and file petitions and other legal paperwork on your behalf. They may also engage in investigative work on your behalf, seeking out and deposing witnesses, gathering evidence such as photographs regarding the accident scene, and ordering copies of your medical records to build a compelling case about your injuries.
If you want to know more about how personal injury attorneys can help with your bicycle accident case, reach out to Bozanic Law to make an appointment. You can call our team at 954-800-2864.
