Riding a bicycle is a great way to get exercise, fresh air, and save money on gas. However, sharing the road with larger vehicles poses risks. You will want to know how to claim compensation if you’re injured in a bicycle accident.
Liability is a factor in any accident. In a bicycle accident, the at-fault party is usually the driver of a vehicle that collided with you. However, a cyclist can cause their own accident in certain ways as well. For example, if you were riding your bicycle and failed to follow the rules of the road or rode without due regard, you could be responsible for your accident.
However, if a bicyclist is careful and follows all the rules of the road, someone else could be held responsible. In addition to the driver of a car, other responsible parties might be another cyclist if one crashed into you.
The owner of a dog could be held responsible if their pet attacked you and caused you to crash your bike and suffer injuries. It may also be possible to seek damages for bite injuries in your lawsuit in that scenario.
Sometimes, a defect could be to blame for a bicycle accident. The defect might be in the bike and cause it to fail, or there might be a defect in the road that leads to an accident. If a defect in your bicycle led to your accident, you could hold the bike manufacturer or the manufacturer that made the defective part liable.
When you seek a settlement in your bicycle accident case, there are certain damages that may be recoverable. If the accident occurred because of driver negligence, it could be possible to get compensation for your medical expenses and ongoing treatment.
You may also recover lost wages if the injuries you sustained in the accident caused you to miss work. If your bicycle accident prevented you from doing your job, you can request compensation to cover lost earning capacity, which is wages you would have earned had you been able to work.
Damage to your property, which includes your bike as well as other personal property that was damaged, may also be included in your compensation. You might be able to recover the costs to repair or replace your bicycle and items such as your cellphone or glasses.
Pain and suffering relate to losses that are non-economic, which makes them more difficult to prove. It involves the physical and emotional damages that you have suffered as a result of the bicycle accident. You may have suffered physical pain after sustaining your injury, but emotional pain cannot be seen. For example, if the accident has resulted in anxiety and fear of ever riding a bicycle again, this is a type of non-economic damage that you might be able to recover in your lawsuit.
If the at-fault party’s actions were particularly outrageous at the time of your accident, you might be able to recover punitive damages in your case. These damages are only recoverable through a lawsuit as you cannot be awarded them through a claim with an insurance company. Your attorney may be able to determine whether you could seek these damages.
Consulting with an attorney about your bicycle accident is an important step in claiming compensation for your injuries. Your lawyer can advise you on the best way to proceed with your claim. If you were injured in a bicycle accident and need an Allentown personal injury attorney’s help, contact Metzger & Kleiner at 610-435-7400 or 215-567-6616 at your earliest convenience.
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