It is a common claim in the cycling community that there is a strong anti-bike bias in law enforcement and the court system, where drivers are often given the benefit of the doubt in the event of a crash, and it can be frustratingly difficult for an injured cyclist to get the care and compensation that they rightfully deserve if they do not fight hard for thwart they are entitled to. Luckily, there are many cycling advocacy groups out there who provide all sorts of information about how to legally protect yourself against being held responsible for an unnecessary percentage of the accident.
One of the most important things that you should do after an accident (once you have taken care of your immediate medical needs and are ready to think about what comes next) is to hire an experienced attorney who is ready to take your flight to the insurance company. Visit getinjuryanswers.com for more information about finding an attorney who can take your case, and read more below to get an idea of how a verdict and settlement may go. Remember though—every accident is unique, so the following may or may not look anything like your own experience.
How To Get a Fair Payout After a Bicycle Accident
In any personal injury case, one of the central questions that must be answered before anything else can happen is the question of fault: who is the victim in this situation? Before you can even begin considering the financial impacts of your accident, you will need to figure out how to prove that the driver was responsible for the accident and that you have the right to seek compensation from their insurance company. In many instances, insurance companies will leverage something called “comparative negligence” to suggest that you may have been partially at fault, and then will attempt to reduce your final settlement amount by that percentage.
Gather Documentation
After any cycling accident with a car, it is absolutely essential that you call the police, even if it feels like overkill. The police will be able to take statements at the scene and create an accident report that provides a general overview of what happened. This document is a central source of truth, and will protect you in the event that the driver changes their story once you have contacted their insurance company.
In addition, any eyewitness statements—both to the police for the accident report, as well as in written form for your own use—will provide more information about how the accident happened, and who was at fault. The more supporting information you have, the better your chances of successfully filing a lawsuit or settling a claim will be.
Negotiate Aggressively
Once the insurance company has completed the claims investigation, you will receive an offer for a laughably low amount of money. At this point, you will need to negotiate with the insurance company in an attempt to reach some middle ground in order to get an amount that adequately covers you for your injuries. Insurance companies don’t willingly pay the full amount on any claim, so you and your attorney will need to work hard to attempt a settlement.
Prepare for Court
If you are unable to reach an agreement that covers your damages appropriately, then you and your attorney will need to file a lawsuit and begin the long and complex process ultimately leading to trial. During this process, you will need to undergo a deposition, supply and request extensive information from the driver and their legal team, and build a strong case for why you deserve what you are requesting.
Don’t wait until you need to file a lawsuit to hire a lawyer. The reality is that the sooner you hire an attorney (like before you even file an insurance claim), the better help you will have every step of the way. In most cases, an attorney pays for themselves with the additional settlement money you get.
