Things to Keep in Mind If You Are Injured in a Bike Accident
If you have been injured in a bike accident, you have the right to file a personal injury claim against the person who caused the accident. But there are a few things to keep in mind before you file a claim. The most important thing is to get good legal advice.
Cases based on negligence
If you are injured in a bike accident, you may want to contact a reputable attorney to help determine your rights and options. A qualified Orange County bicycle accident lawyer will be able to evaluate your case and decide if you qualify for compensation.
In order to win a bicycling-related lawsuit, you need to show that the other party was at fault. This may mean you have to prove that the driver of a vehicle was speeding, driving under the influence or distracted. You may be able to recover damages for medical bills and pain and suffering.
The law of bicycle accidents is complex. The most obvious rule is to ride in a safe manner and obey the rules of the road. Another important rule is to always yield the right of way.
In some states, bicycles are required to be equipped with a helmet. Even in a helmet-free state, such as Texas, you may still have a successful claim if you can prove that the absence of a helmet contributed to your injuries.
Injuries that can result in death
The National Highway Traffic Safety Administration reports that 846 bicyclists died in motor vehicle accidents in 2019. Bicycling is a healthy and enjoyable activity, but it also comes with a number of hazards. Injuries can be serious, and can require extensive medical treatment and rehabilitation.
Head injuries are the most common cause of fatalities in bike accidents. They can be caused by a direct blow or a traumatic head crash. These injuries can result in permanent brain damage and other lifelong changes.
Spinal cord injuries can also cause paralysis. Symptoms of spinal damage may not appear right away. Internal bleeding may be fatal. A traumatic injury to the back can lead to a herniated disc, which can also cause paralysis.
Bone fractures can also cause serious pain. Broken bones can require months of physical therapy to heal. It is important to seek medical attention immediately if you experience any symptoms of internal bleeding.
Changing the time of day or the route you take can help reduce the risk of severe injuries. If you’re not sure how to protect yourself, there are bicycle helmets available.
Pain and suffering damages
Whether you are suffering from an injury or you’re a bystander in the wrong place at the right time, you may be entitled to pain and suffering damages. Although there is no hard and fast rule as to how much you can recover, it is possible to receive a substantial amount. The amount you may be awarded depends on the nature of your injuries, the extent of your property damage, and the extent of your emotional distress.
In general, insurance companies will pay more to injured people who require surgery or other treatments. However, they often don’t offer much for minor injuries. Fortunately, there are some simple things you can do to increase your chances of receiving a decent amount.
As with any legal claim, you should take care to provide the right evidence. A doctor’s statement and prescription records can be used to prove physical pain. Also, you can collect evidence such as photos or witness statements to support the claim.
Documenting your medical journey
One of the most important things you can do after an accident is to keep a journal. This will help you preserve evidence, and may also help you with a claim for additional damages. You can use your journal to describe your injuries, your pain, your medical treatment, and any medications that were prescribed to you.
You may be in pain for several days, weeks, or months after an injury. In addition to the actual pain, you may be experiencing limitations on your daily routine, or have to depend on others for personal care. It is important to document these changes and to explain what they mean.
The first thing you should do when you begin to record your journey after an accident is to create a detailed description of your injuries. Using your own words and not those of the other party, you should also make sure to document the date, time, and location of the incident.