A Shepherdsville bicycle accident lawyer may be the ideal person to help you if you’ve been in an accident. There is a legal process that must be followed to recover the damages incurred from a bicycle accident. Securing a Shepherdsville bicycle accident lawyer can ensure your rights are protected, and you don’t have to worry about losing out in the accident.
Bicycle accidents can be traumatic, leading to worrisome injuries and costs for those who are hurt. When you hire a bicycle accident lawyer, you can rest assured knowing your case is in capable hands. An attorney can manage the legal ins and outs so you can focus on getting well.
Determining Fault in a Bicycle Accident
Who is to blame when a bicycle and vehicle get into a wreck? Both parties may have some fault in the accident, but each state has different laws that determine how a plaintiff is eligible to receive damages and how much they can receive. A lawyer can help you understand how your fault might factor into the case.
In Kentucky, they use the pure comparative negligence law, which states that you can be up to 99 percent at fault and still collect for the damages you’ve incurred. However, there is one stipulation. The award amount will be deducted by the percentage of blame that is attributed to you.
An attorney can work to bring the percentage of fault down so your award amount for personal injuries will be higher. How does an attorney build the evidence to establish liability? Here are the steps involved:
Establish Duty of Care
An attorney will establish the duty of care the other party owed to you. This part is easy when it involves a motor vehicle accident because all vehicles owe others on the road the duty to operate their vehicle safely.
Show Breach of Duty
If someone breaks a traffic law or violates the rules of the road and an accident occurs, then they are in breach of the care of duty rule. An attorney can use evidence of the accident to show how that was a breach of duty.
The accident must cause the injuries directly. You can’t claim personal injury damages for issues you already had before the accident. However, if you have a condition that became aggravated due to the accident, your attorney can argue that the incident made things worse.
For a free legal consultation with a bicycle accidents lawyer serving Shepherdsville, call 800-333-9999
Statute of Limitations
States have their own requirements about when you must file a personal injury claim. You can’t wait too long to file your claim. In Kentucky, the statute, Ky. Rev. Stat. § 413.140(1) states that residents have up to one year from the time of the accident to make a claim.
Shepherdsville Bicycle Accident Lawyer Near Me 800-333-9999
What Damages Can You Claim from a Bicycle Accident?
In Kentucky, you can claim different types of damages when a bicycle accident occurs. There are economic, non-economic, and in some instances, punitive damages.
Economic damages are those you’re probably most familiar with. They are the expenses that come out of your pocket and include:
- Medical expenses
- Loss of income because of the accident
- Future reduction of income
- Permanent disability income
- Miscellaneous costs
Non-economic losses are those things that don’t have a tangible cost but are of great value to you. These include:
- Mental anguish
- Pain and suffering
- Loss of enjoyment or happiness
- Loss of consortium
- Wrongful death
Punitive damages are the third category of damages you may be able to claim. If the person acted negligently or maliciously, then the court may award punitive damages. This type of award is used to deter and punish the defendant. Also, Kentucky has no cap on the amount of award the person may be able to claim.
What Are Common Bicycle Injuries?
Injuries from a bicycle accident may be mild or severe, depending on the circumstances of the accident. Some common bicycle injuries include:
- Broken bones, especially to the lower or upper extremities
- Spinal cord damage
- Brain and head injuries, including traumatic brain injury
- Facial injuries
- Dental injuries
- Abrasions and lacerations to any part of the body
- Wrongful death
If a loved one dies in a bicycle accident, an attorney can assist you in filing a wrongful death claim.
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Facts About Bicycle Accidents
Since there are so many more motor vehicles driving on the road than there are bicycles, there are more car wrecks than bicycle accidents. However, bikes do see their share of accidents.
Unfortunately, when a bicyclist is in an accident, it can quickly turn fatal. Bikes are closer to the ground, so they don’t have as far to fall before they hit the pavement. A bicyclist isn’t protected like a car driver, making for a potentially bad situation.
According to the Insurance Institute for Highway Safety, most bicycle injuries occur to a person’s head and skull. Hitting the head can be fatal or serious at the very least. Other important statistics about bicycle accidents include:
- In 2019, there were 843 fatal accidents involving bicyclists and a motor vehicle
- Most bike fatalities occurred involve a male rider
- Most fatalities happened to people over the age of 20
Seek a Lawyer’s Help in a Bicycle Accident
A Shepherdsville bicycle accident lawyer from Isaacs & Isaacs Personal Injury Lawyers can assist you with filing a claim. If you’ve been in a bike accident, let us help you with the details of filing a claim. With their combined 400 years of experience in legal work, our lawyers can go to bat for you. We’ve won $2 billion in damages for our clients, and we’re prepared to take on your case, too.
Find out where you stand by getting a free case evaluation. There are no fees or upfront costs, and we work on a contingency basis. That means you don’t pay anything until your case is settled. With an extensive in-house litigation team that can go to work for you and a mock courtroom on-site at one location, you can feel at ease putting your case is someone else’s hands. Contact us today!