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You may suffer an injury in a bicycle accident. Just because you got hurt does not mean your injury is your fault. There are times when a negligent motorist or someone else may cause a cycling crash. At any of these times, it may be helpful to pursue help from a Glastonbury personal injury lawyer. By partnering with a bicycle accident lawyer in East Hartford, CT, you may be able to get compensation from anyone responsible for your injury.
Tehrani Law Group offers aggressive and approachable legal representation. Our East Hartford bicycle accident lawyers can review your case and discuss your legal options with you. To get started, reach out to us.
Bicycle Safety
Connecticut has a Share the Road program to promote safe travel. The program encourages bicyclists, motorists, and pedestrians to work together to avoid accidents. In many instances, these parties do everything they can to protect one another. However, there are cases when motorists are negligent.
For example, a driver may speed through a red light. At this point, the motorist may ignore other motorists. On top of that, they may slam their vehicle into a bicyclist, causing this individual to suffer an injury.
There are many laws that apply to bicyclists in Connecticut. These include:
- Obeying Traffic Signs: Like motorists, cyclists must follow traffic signs and signals when they turn.
- Riding on the Right Side of the Road: Cyclists must ride as close to the right side of the road as they can if they are traveling at a speed below the normal speed of traffic.
- Bike Lane Use: Bike lanes may be available to cyclists, but riders are not always required to use these lanes.
- Sidewalk Use: Cyclists may ride on a sidewalk if they choose but must yield to pedestrians.
If you were following the rules of the road at the time of your bike crash, you may not be liable for your collision. Instead, a negligent driver or another at-fault party may be accountable for your collision. As such, the at-fault party may be required to pay any accident-related losses you incur.
What to Do After a Bicycle Accident
A bike crash may happen suddenly, and you may have no idea about what to do. Following your accident, it may be in your best interests to try to remain calm. Here are things you can do to get through your accident without putting yourself in any further danger:
- Call 911. Give the 911 operator as much information as you can about your collision, and they will send medical personnel and police officers to the scene.
- Get Medical Care: Go to a hospital and meet with a doctor so you can undergo a medical evaluation and treat any injuries.
- Speak with the Police: Talk to police officers about your accident, and they can put together a report you may be able to use as evidence to support your claim for compensation from an at-fault party.
- Get the Driver’s Information: Ask the driver involved in your crash for their full name, driver’s license information, and auto insurance information since you may need them to request compensation.
- Take Photos and Videos: Use your smartphone to capture photos and videos from the accident scene, as this allows you to collect evidence that shows the severity of your crash and injuries.
In the days after your crash, it may be beneficial to consult with an East Hartford bicycle accident attorney. As you look for lawyers, it may be a good idea to choose one who has helped past clients achieve outstanding case results. This attorney may learn about your accident and figure out who is responsible for it. From here, they may help you file a claim in which you request the most damages possible.
Bike Accident Liability
A driver may be held accountable for a bicycle collision. If a motorist breaks the law while they are behind the wheel, they may crash their vehicle into you and your bike. In this situation, the driver’s auto insurance may cover your crash-related losses.
Connecticut requires all drivers to carry liability insurance. If a driver has sufficient coverage, you may get enough money from them for all of your bike accident-related losses. Conversely, a motorist may be uninsured or underinsured. In either of these scenarios, you may have to pursue compensation from them as part of a personal injury lawsuit.
If there is an accident between two bicyclists, it may be difficult to figure out who is liable. Bicycle accident attorneys may evaluate your crash and help you determine if you or the other cyclist is responsible. There may be instances where two cyclists share responsibility.
Comparative fault applies to bicycle accident claims and other personal injury cases. It relates to partial fault. If you are 1-50% responsible for your cycling crash, you may get damages from an at-fault party. Yet, a judge or jury may reduce the damages they award by your percentage of fault. If you are primarily at fault for your biking collision, you may be ineligible to receive damages.
For instance, a judge or jury may find you are 20% at fault for a collision involving another cyclist. When this occurs, you may receive 80% of the damages you initially requested. If the court says you are 51% responsible for your biking accident, you may not get any compensation.
In an accident involving two cyclists in which the other rider is at fault, you may pursue compensation for damage to your bike and other property damage through your homeowner’s or renter’s insurance policy. For your medical expenses, you may be covered under your own health insurance policy. Neither of these things are guaranteed. If your insurance does not cover your losses, you may want to seek damages through an injury lawsuit.
You may be involved in an accident due to a bicycle defect. If your bike part is faulty, the manufacturer may be liable.
A government entity may be held responsible for a biking crash. If a government body does not eliminate road hazards and get into a cycling accident as a result, you may be able to sue this entity for damages.
How to Prove Liability in a Bike Accident Case
If you suffer a traumatic brain injury (TBI) or any other harm in a biking accident, you are responsible for the burden of proof. You must provide evidence to show a judge or jury an at-fault party was negligent. This requires you to show the following elements were present when your crash occurred:
- Duty of Care: An at-fault party was legally responsible for acting in a reasonable and cautious manner.
- Breach of Duty of Care: The party chose to act recklessly and carelessly, thereby violating their duty of care.
- Causation: Because the party was reckless and careless, they caused your cycling collision.
- Damages: You are dealing with economic and non-economic losses due to your accident.
Accident scene photos and videos, medical records, witness statements, and other pieces of evidence may be used to prove negligence. Bike accident lawyers may help you gather and evaluate proof. They may also help you file your injury claim before the statute of limitations to do so expires.
Bike Accident Claim Statute of Limitations
There is a two-year statute of limitations for personal injury claims in Connecticut. You may have up to two years from the date of your biking collision to pursue damages from any at-fault parties. If you decide not to submit your claim within this period, you may be 100% responsible for your accident-related losses.
Bike accident attorneys understand the statute of limitations. They may encourage you to submit your claim as soon as you can following your collision. Your lawyer may help you calculate your damages. They may help you request economic and non-economic compensation.
Economic damages are quantifiable. They may be awarded for medical expenses, lost wages, damage to your bike, and other losses you can track.
Non-economic damages are subjective. A judge or jury may offer these damages for pain and suffering.
Punitive damages may be awarded in combination with economic and non-economic compensation. These may be provided to deter an at-fault party from committing future acts of negligence.
Bicycle Accident Settlement
Within days of your cycling accident, an at-fault party or their insurance company may contact you and offer a settlement. The proposal may seem too good to be true. You may believe accepting the offer will give you the money you need to recover from your crash and injuries.
If you get a settlement proposal shortly after your bike crash, it may be less than what you need to cover all of your accident-related losses. By meeting with a bike accident attorney, you may review a settlement offer with a legal professional. Your bike accident lawyer will not sugarcoat what an offer entails. If your attorney believes it is in your best interests to decline a settlement, they will let you know.
Settlement negotiations may continue until your case goes to trial. Regardless, there is no legal requirement to approve a settlement. If you do not get a settlement proposal that meets your expectations, you may bring your case to trial. During your trial, a judge or jury may determine if you should receive damages.
Of course, if you get a settlement offer you feel is fair, you may approve the proposal. Before you do, your attorney may explain the ramifications of your decision. Once you accept the offer, you may not have the opportunity to pursue further damages relating to your biking crash.
Bike Accident Case Tips
It may take weeks or months to resolve your biking accident case. Your attorney may work with you throughout your litigation to help you prepare a compelling argument. They may also provide you with many tips to help you navigate your legal proceedings, such as:
Do Not Publish Content About Your Accident on Social Media
If you want to keep family members and friends up to date about your accident and legal proceedings, do so through phone calls, texts, and emails. By publishing photos or videos relating to your accident on social media, the defendant, in your case, may be able to access them. They may use your content to argue you are responsible for your crash or your injuries are not as severe as you claim. This may hurt your chances of getting the compensation you want.
Do Not Speak with an At-Fault Party’s Insurance Company
An at-fault party’s insurance provider may contact you in the hopes you will make a statement on the record about your accident. They may pressure you to speak about your crash since they may believe you will accept responsibility for the incident. If you get a call from an at-fault party’s insurer, you do not have to take it. You can notify your attorney about the call, and your lawyer can follow up with the insurance company. By letting your attorney speak about your accident on your behalf, you may be able to avoid saying something that could compromise your ability to get damages.
Keep the Lines of Communication Open with Your Attorney
Going through a bicycle accident case may be a long, arduous process. Fortunately, you can hire an injury attorney who will help you each step of the way. Throughout your litigation, share any legal concerns and questions you have with your lawyer. This helps ensure you and your attorney can work together to achieve the optimal case results. It may also help you avoid legal errors.
If no settlement is reached, you may bring your case to trial. Your attorney will advocate for you and protect your legal rights as they present your argument to a judge or jury. In the best-case scenario, they may make it clear you deserve damages because you were in no way responsible for your cycling accident. This may lead a judge or jury to award you the damages you originally requested.
Partner with an East Hartford Bike Accident Lawyer
Tehrani Law Group follows a simple, transparent process with personal injury claims. Our East Hartford bike accident attorney may be able to help you get compensation based on your cycling accident. We offer free injury case consultations. To discuss your case with our lawyer, contact us today.
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