When a cyclist involved in an accident has intention to file a lawsuit they must carefully consider a few things. Successful bicycle lawsuits usually operate under the premise that the automobile driver was negligent. The outcome of the lawsuit greatly depends on two factors:
Negligence can take many forms. Texting, drifting into another lane, or speeding. These factors individually or combined can be the cause of a serious or fatal accident. If you have been involved in a bicycle accident and are interested in filing a lawsuit, you may have questions. Listed below are the most commonly asked questions concerning bicycle accidents.
1. Who are the parties I can include in my lawsuit?
When filing a lawsuit the automobile driver at fault may not be the only responsible party. In your suit you can include:
2. What type of compensation can I receive?
Compensation received for a cycling accident is very similar to that of an automobile accident. Damages recovered can include medical bills, loss of income. They can also include future medical bills, loss of wages, pain and suffering.
3. If my negligence also contributed to the accident, may I still file lawsuit?
Possibly. If your reckless or negligent behavior contributed to the accident in any way, you may still be able to file a lawsuit. However, the compensation you receive may be reduced. Your attorney should be able to further explain this.
4. If I am filing a lawsuit do I need an attorney?
If you have decided to file a lawsuit, it is recommended that you retain legal counsel. The legal process for filing a lawsuit and seeking compensation can be complicated and long. When representing yourself you leave yourself exposed and the defense attorney may take advantage of your lack of experience. Hiring an experienced attorney in this practice area will certainly increase the odds of a more favorable outcome.
5. Do I have responsibilities as a cyclist?
Yes, as a cyclist you have a duty to abide by road and traffic laws. Traffic laws are set in place to protect everyone on the road. Automobile drivers, cyclists, and pedestrians are all meant to be protected by traffic laws and road rules. As a cyclist you should always signal when turning and ride lights and reflectors at night. Always remember to ride in designated bike lanes.
If you are seeking legal counsel for a bicycle accident lawsuit, feel free to contact us at Colley and Colley.