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Bike accidents are often fatal for victims. These vehicles lack the frame of a car, so even if the person is wearing protective gear, they're more exposed to extensive injuries.
Most bicycle riders have to share the road with motor vehicles, which makes them more vulnerable. Even if there are bike lanes on certain roads, not all car drivers will be friendly and drive as intended.
Anyone who experiences bike crashes due to someone else's negligence may be entitled to compensation.
This page outlines what victims should do after a bicycle crash and what Missouri law says about these legal proceedings.
How Dangerous Can a Bicycle Accident Be?
In many states, including Missouri, there are many regulations to ensure everyone's safety. Having to ride in a bike lane is one of the most common methods to prevent these riders from crashing into a motor vehicle.
Unfortunately, bicycle riders will always be at a natural disadvantage to cars. These vehicles have a bigger size and weight, not to mention the extra protection.
According to Missouri laws, riders must follow the same rules as all car drivers. That includes stopping at red lights, riding on the right-hand side of the road, yielding to pedestrians, etc.
However, bicycle riders can't go on all roads. They can't travel on interstate highways or specific areas designated as prohibited, for example.
Even if riders follow all these rules, they can't control how other people behave on the road. It's illegal for drivers to have a parked motor vehicle on a bicycle lane, for example. This can cause the rider to crash into it and sustain injuries.
In other cases, the motor vehicle driver may not follow the safety requirements to avoid accidents, leading to a severe crash with the bicycle rider.
If the car was going fast enough, that could cause the rider's death, which is proof of how dangerous these accidents are.
Determining Liability
Bicycle accidents happen due to many reasons, including:
Reckless driving
Poor road conditions
Defective bike parts
Missouri works with a pure comparative negligence rule. This means that the victim will get paid for their injuries based on their percentage of fault. They can get paid even if they are 99% at fault, although these cases may be much more difficult to navigate.
A St. Louis bicycle accident attorney and a number of insurance companies will determine each party's percentage of fault based on different factors, such as the conditions surrounding the accident, the extent and nature of the injuries, and more.
Why Should Victims File a Claim for Their Bicycle Accident Case?
Filing a legal claim ensures the victim has a fair chance of fighting for their rights.
Most insurance companies will try to offer a lowball settlement, and if the victim doesn't know any better, they could accept it when they could have earned much more through a proper legal case.
The compensation earned through a personal injury lawsuit covers most (if not all) of the victim's treatment, ensuring they can move on with their life as soon as possible.
Even though money may not be able to cover some specific cases like extreme mental anguish and death, it can make the recovery process easier to manage.
What About Missouri's Statute of Limitations?
Missouri gives personal injury victims five years from the date of the accident to file their bike accident claim. If the victim is a minor, the statute of limitations starts once they turn 21.
It's always better to file a claim as soon as possible. Some people wait too long to sue, which can lead the evidence to become irrelevant or witnesses to become unavailable. Both factors can heavily affect the victim's case.
Missouri law allows victims to file a claim even if they don't know the full extent of their damages yet. In other words, they can start their legal proceedings as soon as they identify their damages.
What Damages Can Victims Recover from Bicycle Accidents?
The amount of compensation someone gets depends on the severity of the injuries and their grade of liability.
These are the most common types of compensation victims in Missouri can get for a bicycle accident:
Medical Expenses
These involve any medical treatment the victim had to get for recovery, including physical therapy, surgeries, emergency treatment, and more.
Pain and Suffering
It refers to all the physical and emotional damages a person gets after an accident.
Physical injuries include head and brain injuries, road rash, spinal cord injuries, broken bones, and more.
Emotional damages, on the other hand, include mental anguish, anxiety, depression, fear, etc.
Material Damages
Most of the time, these accidents will lead to damage to the bicycle itself. Compensation money could go toward repairing the vehicle, if possible.
Lost Wages
They represent the income the victim misses out on due to the time they must take off work. It's crucial to calculate lost wages accordingly with the help of a lawyer to ensure the victim gets the compensation and justice they deserve.
Are Punitive Damages Awarded in Missouri?
Technically, a court may award punitive damages in some special cases.
Missouri courts award these damages in bifurcated trials. If the jury determines the defendant is liable for punitive damages during the first stage of the trial, they will assess the amount that will be paid during the second stage.
Furthermore, the plaintiff must show clear and convincing evidence that the defendant had the intention to harm them or acted with "flagrant disregard" for the safety of others.
How to File a Claim for a Bike Accident in Missouri
Most St. Louis bicycle accidents are unique, so it's complicated to come up with a guide that covers each possible factor. However, there's a specific set of steps that will help victims address the initial phase of the claim.
Here's a guide on how to file a lawsuit for bicycle accident in Missouri:
1. Get to Safety
Neither party should run away from the scene, as Missouri could classify that as a "Class A Misdemeanor." It can lead to up to a year in jail plus fines.
The victim should get themselves out of danger and help other people if needed.
2. Contact the Police
Contacting the police and emergency responders ensures everyone involved in the accident gets the help needed. Law enforcement agents can get to the scene and create a report that victims can use as evidence later.
3. Gather Evidence from the Scene
There are many ways to get evidence from the scene. Some common ones include taking pictures and videos of the scene, material damages, and the injuries sustained.
If there were any witnesses to the accident, it's important to get their contact information, as their testimony could prove useful when negotiating against the insurance company or taking the case to court.
4. Contact the Insurance Provider
Victims who are insured must contact their provider to determine what to do. If the at-fault party has auto liability coverage, that could pay for most of the victim's expenses.
However, if the damages exceed the policy amounts offered by these insurance providers, the victim may have to contact a lawyer.
5. Hire a Bicycle Accident Lawyer
Most bike accident lawsuits will require assistance from a personal injury lawyer. These experts know how Missouri law affects car and bicycle riders and what the victim's rights are at the time of filing their personal injury lawsuit.
Calling the attorney as soon as possible will ensure the highest chance of earning maximum compensation. They can also assist with how to file a lawsuit for motorcycle accident in Missouri.
Why Is Calling a Lawyer Important?
It's always convenient to contact a lawyer after a bike accident. Bicycle accidents tend to be much more dangerous compared to traditional car crashes.
Even if the crash was minor, getting hit by motor vehicles could result in serious injuries for the rider. Unfortunately, the responsible party's insurance company may not always be willing to cover the victim's damages. Some may even try to downplay these injuries to pay less money.
Hiring a bike accident lawyer ensures the victim has a better chance to recover compensation without stressing too much over the process. It's already overwhelming to undergo extensive treatment, so adding legal proceedings on top of that will only make things worse.
Most bicycle accidents will involve unique factors that only professionals must address. At Powell Law Firm, there's a team of legal professionals ready to help the victim in each step of the process, including:
Gathering evidence
Getting the contact information of the responsible party and potential witnesses
Negotiating with insurance companies
Representing the victim in court
Educating the victim on Missouri bicycle laws so that they understand their rights
It's always scary to go over legal proceedings without help, especially if the at-fault party has a team ready to defend them. Not all motor vehicle drivers will behave friendly after hitting a bicycle rider, so it's always in the victim's best interest to hire a professional. They have more insight on how to file a lawsuit for pedestrian accident in Missouri as well.
Bottom Line
Bicycle accident injuries are much more devastating compared to others. This is because of how exposed these riders are even if they're wearing protective gear.
Filing personal injury claims with a St. Louis bicycle accident lawyer is the victim's best option to get proper compensation for what happened. The negligent driver should be held responsible for what they did, and the experts at Powell Law are committed to doing that.
Victims interested in learning more about this law firm can schedule a free consultation today.
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