Inattentive or careless drivers can cause devastating bicycle accidents and severe injuries. If you were injured while cycling due to negligence, you are urged to consult with a Jasper bicycle accident lawyer. We can help you negotiate with insurance companies and take your case to court, if necessary.
At Isaacs & Isaacs Personal Injury Lawyers, we promise to take your case seriously, gather the evidence needed to support your claims, and pursue the compensation you deserve. Our legal team has more than 400 years of combined legal experience, and we’ve recovered $2 billion in settlements for our clients.
How Our Bicycle Accident Lawyers Prove Negligence
You and your attorney must prove negligence to build a solid personal injury claim. This comprises of establishing the following:
The Defendant Owed You a Duty of Care
You must show that the defendant had a duty to keep you safe on the road. You may need to depose expert witnesses who can help demonstrate that the other person had an obligation to provide you with a certain level of care.
The Defendant Violated Their Duty of Care
Evidence of a breached duty of care can include evidence, such as a confession, eyewitness testimony that a driver was distracted, or a report that a driver had a blood alcohol concentration over 0.08%. The defendant’s “breach” or violation is essentially their negligent conduct. So, proving this element of a case is essential.
The Defendant’s Conduct Caused Your Accident
Once you have established the defendant breached a duty of care owed to you, you must then demonstrate that this breach was both the actual and proximate cause of the accident. This is sometimes referred to as “but-for” causation, meaning that, but for the defendant’s actions, the accident would not have occurred.
You Sustained Damages From the Accident
Damages include financial and quality of life losses you’ve incurred because of your injuries. Documenting financial damages involves keeping track of medical bills, lost wages, and other expenditures.
You should save all your receipts and information regarding copays, insurance costs, and out-of-pocket expenses. If you were forced to take time off work, you must also be prepared to prove your typical former earnings vs. the earnings you’ve received after your accident.
For a free legal consultation with a bicycle accidents lawyer serving Jasper, call 800-333-9999
Recoverable Damages You Could Secure in a Jasper Bicycle Accident Case
If you sustained injuries in a bike accident, you have the right to file an insurance claim or personal injury lawsuit to pursue compensation. You could recover the following bicycle accident-related damages and more:
- Property damage
- Medical expenses, including ambulance services, emergency care, hospitalization, doctor visits, etc.
- Lost wages
- Diminished earning capacity
- Physical pain and suffering
- Emotional anguish
- Loss of life enjoyment
- Loss of consortium
Our bicycle accident lawyers serving Jasper can help you identify your damages and calculate the value of your losses. This is the amount you will seek from the at-fault party’s insurer. If the negligent party does not have insurance, you could go through your own auto insurance policy if you have uninsured motorist coverage.
Jasper Bicycle Accident Lawyer Near Me 800-333-9999
Pay Attention to the Deadline for Filing an Indiana Bicycle Accident Lawsuit
If you and your attorney cannot settle with the insurance carrier, you might consider initiating a lawsuit. To file a personal injury lawsuit in Indiana, you have just two years from the date your accident and injuries occurred to file under IC § 34-11-2-4. However, some exceptions might apply that could shorten or extend the timeline.
If you wait until after the two-year deadline has passed to file your lawsuit, the court will likely dismiss your case, and you lose your right to request compensation for your losses. Promptly consult with a bicycle injury lawyer promptly to ensure all legal deadlines are met.
What To Do If You’ve Been Injured in a Bicycle Accident
After a bicycle accident, you may, understandably, feel stunned and confused. However, it’s critical to take certain steps to safeguard your health and legal rights:
- Seek medical care, even if you don’t think your wounds are significant. A healthcare provider can ensure any injuries you incurred are diagnosed, treated, and documented in your medical records.
- Follow your physician’s care plan and attend all healthcare appointments to ensure your treatment is maximally effective. Doing this will also help convince insurers that you are serious about your recovery.
- Collect as much evidence as you can from the accident scene, including photos and video, vehicle and insurance policy details, and eyewitness contact information.
- Obtain any accident- or injury-related documents, if possible, such as police reports, medical records, and paycheck stubs.
- Avoid accepting blame or admitting liabilityto others in the accident’s immediate aftermath. Do not speak with any insurance representatives until you have an attorney who can handle your claim and negotiate on your behalf.
- Avoid posting on social media while your case is pending. Anything you say online, especially if related to your accident or injuries, could be used by other parties to sabotage your claims.
- Speak with your personal injury lawyer as soon as possible. Any documents or evidence you have not been able to gather at this point, your attorney can ensure are obtained.
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Causes of Bicycle Accidents We Are Familiar With
According to the National Highway Traffic Safety Administration, many bicycle accidents could be avoided if motorists and cyclists observed traffic laws and engaged in defensive driving and cycling. Causes of bike accidents involving motor vehicles our firm often sees include the following:
- Distracted or drowsy driving
- Drunk driving
- Careless or reckless driving
- Failure to yield, stop or obey traffic signs
- Failure to check blind spots when merging, changing lanes, or turning
- Failure to see a cyclist while backing up
- Speeding or driving too fast for weather conditions
- Opening a door in front of a moving cyclist
Injuries Related to Bike Accidents That Could Qualify You for Damages
Even when bicyclists wear helmets and other protective gear, they are still much more vulnerable to injury than motor vehicle occupants when a collision occurs. You might have suffered from any of the following in your bicycle accident:
- Traumatic brain injuries
- Facial injuries and dental trauma
- Neck, back, and spinal cord injuries
- Partial or total paralysis
- Limb loss
- Broken or dislocated bones
- Strains, sprains, and tears
- Stomach injuries and internal bleeding
- Bruises, burns, lacerations (road rash), and puncture wounds
- Permanent scarring and disfigurement
- Post-traumatic stress disorder (PTSD)
Consult With Our Jasper Bicycle Accident Legal Team Today
Our legal team at Isaacs & Isaacs Personal Injury Lawyers represents injured victims in Indiana, Illinois, Kentucky, Nevada, Ohio, and Texas. Contact our firm for a free, no-obligation consultation. This way, we can get started working on your case and pursuing the justice and restitution you deserve.