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The COVID-19 pandemic dramatically changed the lives of millions of people. A good proof of this is having lesser options for transportation. We see many bicycle accident in daily routine life. Thus, bicyclists and pedestrians are seen more often. However, with the growing popularity of cycling, accidents have also increased as cyclists ride their bikes with fewer protections against possible injuries other road users might cause.
If you sustained a bicycle injury without contributory negligence, you are entitled to recover compensation from the party that caused the accident. However, you still need to prove their negligence and recklessness to prove and strengthen your claim. So, it is wise to ask for a legal adviser such as the lawyers from the Kreeger Law Firm to ensure that you can get proper compensation after taking the necessary legal actions for the accident.
Assessing Who is Responsible for the Bicycle Accident
Filing a bicycle accident claim should be considered seriously. The case’s outcome will not only restrict the person who caused the accident, but it can also adversely affect you as you need to bear the economic and non-economic losses such as disability, medical bills, pain and suffering, and lost wages.
Before filing a case, ensure that you have sufficient evidence to prove that you have been a victim of reckless driving, as there are also other reasons why a bike accident occurs. Some of them include losing control of your bike, driving a faulty bicycle, or neglecting traffic laws. In these cases, there is no reason to file a lawsuit against another party since you’re entirely at fault.
On the other hand, you can file a case if you’ve proven that another car driver or bicyclist has hit you. You can also file a case if you fell off your bike due to a hazardous road flaw the other person committed. That said, there are various factors to be considered when filing a case, so hiring an experienced bike accident attorney will accelerate the process of seeking a favorable decision on your behalf.
The Types of Compensation in a Bicycle Accident
If you have proven that another party caused the accident, you can seek compensation for the losses and injuries you suffered. These include the following:
There are instances that you might not be able to report for work because of the injuries you sustained. If that’s the case, you have the right to seek compensation equivalent to what you would have earned if you were to come to work. There’s no ceiling for the amount of compensation you can claim. However, the court will only award the amount that you can prove the company owed you.
Suppose your employer terminated you from employment because you are incapable of the job due to the injuries you sustained. In that case, you can also seek compensation for the same. You are still eligible for compensation for lost future earnings, given your situation.
Regardless of how minor or severe your injuries are, you are entitled to collect your medical expenses from the party at fault. For instance, you can seek reimbursement if you’ve visited a doctor to have your injuries checked or brought to the emergency room to undergo a medical operation.
The maximum amount you can claim as medical expenses will be based on the proof that you can present to the court. This is exactly why bills, prescriptions, and receipts of your medical expenses are material.
Damage to Physical Property
Suppose the accident was severe enough that it resulted in having your properties destroyed, including bike parts, helmet, and cellphone. In this case, you can recover damages by seeking compensation from the other party.
However, remember that you still need to provide enough proof that you are not the one at fault, or you’re not guilty of contributory negligence, to be appropriately compensated. Like the other two damages, the amount you can claim will be dependent on what you can prove.
Pain and Suffering
Pain and suffering are more complicated to compensate for than other kinds of damages. These are intangible injuries that are challenging to document. However, pain and suffering represent the physical and mental harm caused by the injury.
Suppose you’ve developed fear and anxiety because of the accident. In that case, you can visit a psychologist, and the said medical professional can issue an affidavit outlining your condition. You can use this when asking for compensation for pain and suffering.
Since you can’t quantify pain and suffering, the court will determine the amount based on the evidence you submitted. However, you need to ask this in your prayer. When you set the amount, remember to only ask for something just and equitable.
Seek a legal adviser
In some cases, recovering damages from a bicycle accident tend to be complex, for there are various legal processes that the plaintiff needs to go into. Fortunately, legal counsel is present to help settle your case as efficiently as possible. They will investigate the cause of your accident and evaluate the damages for which you may be compensated. That said, be assured that they will fight that you receive full compensation for all your injuries.