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Over the past few years, there has been a lot of progress in terms of affecting reforms in the national legislature to better protect cyclists when they are on the road. In this regard, the state of Missouri has not been left behind, but a lot more still needs to be done.
To date, 90% of all fatal bicycle accidents involve a cyclist being hit by a car. Bicycle accident attorneys have traditionally had a tough time fighting for the rights of victims suffering from bicycle accident injuries. This was because the law always seemed to favor the at-fault driver regardless of the circumstances of the bicycle accidents.
However, that has since changed, and there is renewed hope for cyclists who find themselves in the middle of motor vehicle accidents. When working with an experienced Clayton car accident lawyer, who knows about bicycle accidents, cyclists have a lot more success when making a personal injury claim.
With a great personal injury lawyer, many cyclists in Clayton, MO have received huge settlements for the injuries, pain, and suffering, caused by an auto accident involving a bicycle. Read on to find out what the Powell Law Firm can do to help.
Common Causes of Bicycle Accidents
It is not always easy to get a fair settlement offer from an insurance company when a cyclist is injured in a bicycle accident. Usually, bicycle accident attorneys have to clearly present the case, detailing the cause of the bicycle accident.
In many cases, the causes of bicycle accidents vary between those caused by the cyclist and those caused by other factors beyond their control. Here is a list of some of the more common causes:
The motorist does not check the mirrors for cyclists
A cyclist riding into an open car door
Cyclists colliding with each other or into pedestrians
A bicycle crashes into a car that stops suddenly
Failure to stop at a stop sign or red lights
Car drivers turning in front of cyclists
Speeding by either the driver or the cyclists
Distracted driving
Poor road conditions
Extreme weather conditions
Objects in the path of cyclists, for example, stones or branches
Types of Injuries Normally Caused by Bicycle Accidents
When cyclists are riding down the road, they are a lot more exposed than drivers of motor vehicles, as such, any collision between the two usually results in a lot more injuries.
Traumatic head and brain injuries
Spinal cord injuries
Organ damage
Lacerations
Burn injuries
Severe bruising and/or disfigurement
Paralysis
Broken bones
Neck and back injuries
Whiplash
Concussion
What to Do After a Bicycle Accident
The steps taken by a victim in the moments immediately after a bicycle accident are very important, not only for their wellbeing and safety but also for their chances of success in any future Clayton car accident settlement claims they might initiate.
The victim must try, as much as possible, to follow the following simple steps:
Dial 911
In the event of an accident, the prudent thing is to call for help and try to get the paramedics and the police on the scene as soon as possible. The paramedics in particular can be the difference between life and death for the injured bicyclist.
Furthermore, the police report generated by the officers who are first on the scene holds a lot of weight in a courtroom and will be one of the most important tools during any personal injury lawsuits that may follow.
Collect Evidence
Just like a car accident case, it is necessary to collect all the vital information, such as insurance information, that might make it easier for the legal team to put forward a strong case when seeking damages against the at-fault driver and their insurance company.
Well taken photographs are very helpful, as well as any reliable statements from witnesses to the car accident scene.
A police report made by the attending officer also needs to be collected and kept safe, along with any future medical records documenting all the medical bills and treatment that was needed after the bicycle accident.
Go See a Doctor
The survival, health, and safety of the victim are more important than any future attempts to recover compensation. Visiting a good doctor and making sure that there were no life-threatening injuries sustained should be top of the list, especially after a serious collision.
Any medical expenses insured during this time should be recorded and kept for use by bicycle accident attorneys during an injury claim.
Find a Good Accident Lawyer
When personal health and safety have been assured, it is time to start thinking about the upcoming bicycle accident case. In the same way that a car accident lawyer will handle a car crash case, there are a lot of St Louis bicycle accident attorneys with a lot of expertise in handling bicycle accidents.
One of these is the Powell Law Firm in Clayton, Missouri. The best time to visit our law firm is immediately after the accident, for a free consultation regarding the victim's legal rights, and how best to seek compensation under Missouri law.
What Does Missouri Law Say About Bicycle Accidents
In Missouri, all personal injury claims are handled per comparative fault laws. What this means is that, if a cyclist is involved in a car crash in, for example, Clayton, a certain percentage of the blame is allocated to both parties involved.
It is rare for the victim to be awarded full compensation because the law holds both parties responsible in most cases. The bicycle accident lawyer has to show that the victim has as little responsibility for the car accident as possible.
That is why it is in the victim's best interests to hire the best legal representation available, such as Powell Law Firm, to have a better chance of being awarded the maximum amount of damages.
What Damages Can a Victim Be Awarded After a Bicycle Accident?
The law on car accidents that involve a cyclist allows the awarding of certain damages to the victim for any financial losses, and pain and suffering they might have endured. These damages can be separated into either economic damages or non-economic damages.
Economic Damages
These are the easier of the two when it comes to obtaining financial recovery during an accident claim after a car crash. They include:
Coverage for any medical debt incurred as a result of medical attention that was given to the victim. All medical care and procedures, such as operations, facial reconstruction, physiotherapy, and recovery, should be taken into consideration when determining how the insurance company has to pay.
Any lost wages due to time spent in hospital and the inability to return to work directly as a result of the car accidents should also be compensated.
Property damage, in the form of, for example, a destroyed bicycle and bicycle equipment are also included in the efforts to gain maximum financial recovery.
Non-Economic Damages
It is a bit more difficult to be awarded non-economic damages as part of an injury claim. However, experienced bicycle accident attorneys can explore all legal options on behalf of the victim. Non-economic damages include:
Pain and suffering endured by the victim due to the actions of the responsible party, such as reckless driving or driver error, that caused the motor vehicle accident to occur. Good medical records are usually necessary to prove pain and suffering.
Reduced quality of life for the victim as a result of permanent disability caused by the bicycle accident. If the driver held accountable for the bicycle accident has good insurance coverage, then an accident lawyer should be able to win lifetime compensation for the victim to help improve their quality of life.
What Can a Bicycle Accident Lawyer Do for You?
Although a victim is well within their rights to decide to take the case to court on their own without hiring a bicycle injury lawyer, the risks of not being awarded fair compensation or even getting the case thrown out of court will be significantly higher than with the right legal representation.
There is a lot that a good attorney can do for victims from the moment they arrive for their free case evaluation, right until the moment they step outside the courtroom after winning huge sums of money.
A good bicycle accident lawyer will represent their victim in court and make sure that all the necessary evidence is available when needed, such as police reports, medical bills, photos, and much more.
Before choosing to forgo the free consultation offered by Powell Law Firm, victims should consider how they would be able to not only present the case in court but also fight for their rights against large insurance companies should the need arise.
Other Clayton Practice Areas
Final Word
In conclusion, victims of bicycle accidents who wish to have the best bicycle accident attorneys fighting for their rights need to visit Powell Law Firm today, and take us up on our offer for a free case review.
With many years of not only winning cases but cultivating a very good attorney-client relationship as well, we are one of the best accident lawyers in Clayton, Missouri.
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