Steps Involved With Filing a Bicycle Accident Claim
Even if you wear a helmet and other protective gear while riding a bicycle, there’s always the possibility of being injured if you’re involved in a bicycle accident. In 2019, nearly 850 bicyclists died from injuries that they sustained in accidents that involved another motor vehicle. No matter the extent of your injuries, you may be able to file a claim against the other driver’s insurance provider.
Evidence Should Be Gathered Immediately
The first step that should be taken after any accident is to call 911. Once the police arrive at the scene of the accident, they will start to ask questions about how the accident happened, who was involved, if any vehicle fled the scene and if there are any injuries. Anyone who was injured as the result of another driver’s actions should request some information from the at-fault driver. This information includes the person’s:
- Full name
- Contact information
- Driver’s license number
- Auto insurance provider
- Vehicle information
- Vehicle identification number
- License plate number
This information is needed when first filing an insurance claim with the at-fault driver’s insurance provider. Any details pertaining to the accident should be written down, which includes anything that’s said by the other people who were involved in the accident. Insurance providers will ask numerous questions, which is why this information should be written down to make it easier to reference later in the process. Every detail about the accident is important. Even the smallest piece of information could be key towards determining fault.
Among the most important aspects of any claim or lawsuit that’s filed following a bicycle accident is the number of witnesses who saw part or all of the incident. When the police are at the scene of the accident, they will search for any witnesses to ask them questions about what they saw. Their information could help the police identify who was at fault for the accident. If you were injured in a bicycle accident, it’s possible to ask witnesses to write statements about what they saw. Contact information should also be sought.
While at the scene of the accident, it’s also important to check for the presence of dangerous road conditions. If your accident was caused by potholes that haven’t been filled or broken pavement that hasn’t been fixed, the exact location of the hazard that caused your accident should be noted. This information could be helpful when presenting your case. If a local or state municipality was directly responsible for maintaining the road, it’s possible that it would be at fault for the accident.
Along with writing down the details related to the accident, photographs can also be beneficial for proving fault. These photographs can include the vehicles that were involved in the crash, any nearby street signs, skid marks and injuries. Photos of injuries can prove that the wounds were the result of the accident as opposed to an event that occurred afterward.
However, it’s important that you don’t complete this task yourself if you were severely injured during the accident. Any strenuous actions could cause your injuries to worsen. Even if you feel like you’re not too badly injured, the adrenaline rush that typically occurs immediately following an accident could make you believe that your injuries are minor even when they aren’t.
Treatment Should Be Received to Ensure Injuries Are Documented
The next step in the claim filing process is to seek treatment and make sure that any injures are documented for future reference. The majority of settlement offers that are made after a claim has been filed are based on the plaintiff’s medical bills. Obtaining immediate medical treatment is necessary to ensure that injuries are promptly documented.
As mentioned previously, adrenaline can cause injuries to appear less severe than they actually are. Many people who were injured in a bicycle accident make the mistake of refusing medical care while at the scene of the accident. Keep in mind that the insurance provider and the court system could view this refusal as an admission that injuries didn’t result from the accident. Paramedics should be informed about every symptom. If the symptoms are severe enough, you may be taken to the hospital to receive more comprehensive care.
While initial treatment is important for accident claims, follow-up medical treatment may also be necessary. Continued medical care will assist insurance providers in identifying the extent of the injuries and how much compensation should be provided. A great way to document your injuries is by taking pictures of them throughout the entire recovery process. These images can also be used to determine how much compensation is deserved.
Focus on Total Value of Claim
Bicycle accidents can be just as severe as car accidents. While many motorists will leave the scene of an accident after hitting a bicycle, this is a felony action, which is why the police should be alerted. Before filing a claim, it’s essential that you focus on the total value of the claim. Along with the medical bills that have occurred as a result of the accident, all out-of-pocket expenses related to these injuries could be covered. This includes the costs of bandages, crutches and medications. Extensive documentation can help bolster the value of your claim.
Once all the documentation has been gathered, an injury claim can be filed. If the other driver was clearly at fault for the accident in a manner that the insurance company won’t be able to deny, it may be easy to obtain compensation after initially filing a claim. However, it’s common for insurance companies to offer less compensation than deserved or deny a claim outright.
In this situation, it may be time to file a lawsuit against the at-fault driver and his or her insurance provider. An attorney can assist in building a case and making sure that you receive as much compensation as you deserve. The types of compensation that are typically awarded during a personal injury claim include compensation for medical bills, lost wages, pain and suffering, and vehicle damage. The exact amount of compensation depends on how the calculations are made.
How Our Allentown Personal Injury Lawyer Can Help
When you contact our Allentown personal injury lawyer to request our representation for your case, the first thing we’ll do is go over the details with you to determine if you have a strong case. A key aspect of the representation we provide involves the accident investigation that our lawyers perform. This investigation focuses on every facet of the accident so that we have all the information needed to build a strong case. The results of this investigation can help us identify how much compensation you deserve and the likelihood that compensation will be awarded.
Once you reach out to our lawyers, we’ll take care of each step of the claim filing process so that you can relax and heal from your injuries in peace. Keep in mind that our services apply to all types of bicycle accidents, which include hit-and-run accidents that can be more difficult to gather evidence for. Our lawyers can represent you and your case during every hearing, settlement meeting, deposition and trial. In many situations, these cases are settled before they ever go to trial.
If you have recently been injured in a bicycle accident and would like to seek compensation, contact Metzger & Kleiner today at (610) 435-7400. Our Allentown personal injury lawyers can begin building your case. We have two convenient office locations in Philadelphia and Lehigh Valley.
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