3 FAQs About Building a Bicycle Accident Claim
Cycling offers a number of benefits, especially when you’re able to do so in lieu of driving. From reducing wear and tear on your car to minimizing your carbon footprint to getting in a workout, there are so many reasons to ride whenever you can.
There’s also a downside to cycling, though, and it comes in the form of other people. When riding alongside moving traffic, cyclists are incredibly vulnerable. All it takes is one drunk, drowsy, or distracted motorist to cause a devastating crash that results in catastrophic injury.
While accident victims are often entitled to compensation, they have to file a personal injury claim in order to seek it. If you were struck by someone while riding your bike and you’re thinking about pursuing financial justice, here’s what you should know before proceeding:
1. How Do You Prove Liability for a Bicycle Accident?
When putting together your claim, the most compelling evidence of liability is going to come down to the circumstances surrounding the crash. For example, you might need to present helmet cam footage, photographs of the scene, eyewitness testimony, and the official police report.
Other potentially valuable evidence includes cell phone records, toxicology reports, black box data, vehicle schematics, and maintenance logs. If you’re unsure how to acquire any such evidence, don’t worry; a resourceful bicycle accident attorney can help.
2. What Kinds of Damages Are Recoverable After a Bicycle Accident?
Should you have grounds for a personal injury claim, you can seek compensation for virtually all the losses you incur as a result of the crash. Florida tort law recognizes monetary damages like medical bills and missed wages, as well as non-monetary damages like pain and suffering.
Keep in mind, however, that you can only pursue funds for losses you can prove you actually incurred. As such, you’re going to want to commit to tracking all the expenses you wouldn’t have incurred had you not gotten hurt.
3. Do You Have to Hire an Attorney to File a Personal Injury Claim?
There’s no law that requires victims to enlist legal counsel before taking action. Just because you’re entitled to represent yourself, however, doesn’t necessarily mean that you should.
When your financial security is at stake, it’s highly advisable that you turn to the professionals for help. A seasoned lawyer can investigate the accident, interview eyewitnesses, consult relevant experts, track damages, and compile the evidence needed to prove fault.
Your attorney will also handle all negotiations with the insurance adjuster on your behalf. And if they refuse to settle? Your legal team can help you file a formal lawsuit and navigate the subsequent court proceedings.
Discuss Your Case with a Bicycle Accident Attorney in Florida
At Emerson Straw, we’re all too familiar with the fact that unanticipated injuries can alter your whole life. If you were struck by a motorist while riding your bike, we’ll help you take the steps needed to hold the liable party financially accountable. Call (727) 821-1500 or fill out the Contact Form on our website to schedule a free initial consultation with a bicycle accident lawyer in Florida.