Skip to Main Content

Determining Fault in Bicycle Accident - Robert Littlefield Buford III, Attorney at Law

Posted by | March 20, 2020 | Pedestrian Accident | No Comments
Determining Fault in Bicycle Accident

Cyclists have similar legal privileges as those who drive other commercial and passenger vehicles. Getting compensated from the insurance carrier of the at-fault driver works similarly as when you get injured when riding a bicycle.

Before your claim gets paid by the insurance company, you have to convince the valuer that the driver of the car is at-fault for the accident. An Austin Personal Injury Attorney can assist you in building a strong claim.

Collecting evidence required for a successful injury claim starts at the scene of the accident. You should call the police department when you are involved in a bicycle accident. Inform the evaluator you have been hit by a vehicle while cycling. If you have had a severe injury, inform the dispatcher to send you an ambulance or immediate medical attention. When your adrenaline is running high, you may have a life-threatening internal injury or brain tumor that is masked by the devastation of the accident.

Delaying medical treatment can decline your claim. Your insurance provider might use the excuse that your injuries are not related to the crash to deny your claims. So, if you have the ability, start gathering evidence while waiting for the police.

Some of the evidence you should collect to break or make your injury claim include:

  •         Pictures: Utilize your mobile phone to take videos and photos. Capture as many images as you can from different angles, including the position of the car, your crashed bicycle, your torn clothes, and your damaged helmet.
  •         Medical records: Your medical records and bills are essential evidence of your injuries. Ensure that you tell the medical providers who treat you that a car hit you while cycling.
  •         Police report: The police officer who responds to your case will investigate your accident and file a police report. Ensure that you tell the officer how the accident happened as this report includes the officer’s opinion of the accident and provide any legal citations developed for violating traffic laws.
  •         Statements from witnesses: Take the names and contacts of people who observed the accident. If you get a willing witness, request them to write down what they heard and saw.
  •         Detailed notes: Write detailed notes about what happened, the injuries sustained, and what the at-fault driver did and said. Statements like “I did not see you” or “ I am sorry” are admissions that can assist you in proving that the driver was responsible for the accident.

When do you require a personal injury attorney for a bike accident claim?

Determining fault in bicycle accidents sometimes requires an attorney to calculate your claim value and ask the insurance company to compensate you. When the bicycle is hit by a truck or car, the unprotected rider often sustains severe and sometimes permanent injuries.

Do not trust the insurance provider to offer fair compensation if you have been seriously injured in an accident. You will require a skilled lawyer to get the compensation you deserve. Get the help you need to get fair insurance compensation. Most personal injury attorneys will not charge you for an initial consultation. You have no obligation, and it will cost you nothing to know what a skilled and experienced personal injury attorney can do for you.