Even though a very small population of adults use bikes as a form of transportation, they are traveling with higher risks. When you include the risks of a child becoming injured as well, it could seem a bit dangerous to ride a bike due to unpredictable drivers.
A child or adult can become injured on a bike for more reasons than their own. Bicycle accidents can also happen due to:
Bicyclists have the same rights as a person driving a car. So if a driver causes the injury of someone on a bike by violating traffic, they will be held at fault as if they hit another motorist. They could have collided with the bicyclist by speeding or slamming on brakes.
Sometimes a bicycle injury is at the fault of whoever assembled the bike upon regular maintenance or repair. If they carelessly took pieces of the bike apart and re-assembled them, the risk of the biker getting injured is very likely.
One day a biker could be simply traveling somewhere like the store or work, then all of a sudden the injured themselves over accidentally running over a large city pothole. A city is responsible for the condition of public property and someone could attempt to file a claim against the city for being injured.
The owner of the private property is responsible for its conditions. If a biker injures themselves because the property had something as simple as a bad driveway, the owner will be held liable.
A bicycle must meet certain standards to hold a solid claim. The main requirements for a bike are:
Operating a bicycle on the road is a bit different, especially while at night. If using a bicycle on the road, there should be reflectors on the back of the bike, on each of the pedals, and on the sides of the bicycle.
The plaintiff is usually the bike rider themselves, but it could be the parent if it’s a child or relative of biker if the injury results in death. The spouse of the bike rider can even sue under the loss of consortium damages.
Based on the types of bicycle accidents, the defendants can be either:
In the event of an injury, medical attention is the priority. Being medically examined, diagnosed, and treated right away will lessen the chance of the dependent putting fault on the bike rider.
When medical records are obtained a claim can be filed. A personal injury lawyer should review records and be consulted to file the claim. If the person injured on the bike was hit by a car, they should refrain from speaking with the driver’s insurance company. Don’t say anything to them that they can twist in the driver’s favor.
Like many personal injury lawsuits, the case will go through the discovery process. This is when the actual loss of the injured is assessed between the parties involved. Expert opinions may be brought in to help determine present and future loss.
From there, the case is either ends with a settlement or goes to trial. Most cases can reach a settlement without going to trial, with billions paid out in costs.
The compensation for most personal injury cases is the same as far as what the settlement is paid out for. Medical costs (current and future), loss of income, rehabilitation costs, and pain and suffering is what the plaintiff can be awarded for by settlement or court ruling.
Reaching out to an experienced personal injury lawyer who has had bicycle accident cases before is recommended. Contact Oliveira Law for a consultation today.