Most people are aware that when they enter their vehicles they have a risk of getting into an accident, whether it be of their fault or someone else's. Bikes are being utilized more and more often, however, with the increased gas prices and movement towards green transportation. These bikes have the same risks for bikers as if they were driving, if not an increased risk due to the lack of protection. Even though biking may seem safer, bike accidents can occur and do result in serious injuries. If you sustain injuries while biking you may be eligible to file a personal injury lawsuit.
The other party has committed a crime
If the other party in the accident has been charged with a crime it can be presumed that you will be able to file a negligence suit. Because the defendant has violated a criminal statue meant to protect victims from this type of injury you can probably recover damages and easily prove you are not at fault
You were hospitalized
If you were hospitalized as a result of your accident injuries you have a very good reason to bring the other party to court. The damages incurred from the injury physically are likely high and the medical bills can add up with that kind of emergency care. You can file a lawsuit and recover some of your medical bills so long as you keep accurate records and save the receipts of the bills.
A minor was involved
Children bicycle accidents are often the most tragic, with young cyclists unable to protect themselves. Drivers are held to a higher standard of care when a child is present, so you can probably prove that the driver violated the normal accepted road behavior.
Your bike was expensive
Even if you did not suffer injuries serious enough to warrant time spent in the emergency room or even a doctors visit you may have suffered a physical loss of property-namely your bike. If you had an expensive bike that is now totaled you can recover property loss. By taking the other party to small claims court you can recover for bike injuries of up to $10,000 in losses.
You know you are not at fault
It can be difficult to file a convincing lawsuit if you yourself are not aware whether or not a law was violated. If you have followed the rules of the road and all safety precautions were followed, or there is evidence that the other party was reckless or negligent (witness testimony, camera footage) you may be able to claim damages. Even if you feel you were partly responsible you can file for a percentage of damages proportional to the amount of damage caused by the other party (see comparative negligence).
If you need assistance filing a bike accident related lawsuit, or any personal injury suit in general contact the attorneys at the Kyle Law Firm so we can help you recover what you deserve.