Common Causes of Bike Accidents
In Tennessee, Bicyclists are most frequently injured by drivers who are driving aggressively or who simply are not paying attention. Most of these actions can be considered negligence and if the negligent actions of another person caused injury or loss, you may be entitled to compensation. Bicycle accidents are commonly caused by the following driver actions:
- Driving Under the Influence
- Reckless driving
- Running a red light
- Running a stop sign
- Driving under the influence of alcohol or drugs (DUI)
- Not paying attention
- Changing the radio station
- Making an illegal turn
- Failing to yield the right of way
- Talking or texting on their cell phone
I have been in a bicycle accident what do I do?
- Call Betz and Baril or other competent council as soon as you are stable.
- Seek immediate medical attention for your bicycle injuries.
- Talk to witnesses and get their statements.
- Collect personal information from witnesses including their names and phone numbers.
- Get a police report and review what is documented about the accident.
- Take photos of the bicycle accident scene. Do not get repairs to your bicycle until all the damages are fully documented.
- Take pictures of your bicycle injuries.
- Take pictures of the vehicle that hit you.
- Get the name, phone number, license plate number and insurance information from the driver who hit you.
- Do not talk to the insurance company they are not your friend.
- Do not discuss your bicycle injuries or the bicycle accident with another driver's insurance company before you talk to your bicycle accident lawyer.
- Do not accept a settlement from the insurance company until you fully understand the amount of financial compensation you will need to pay for all of your medical costs, lost wages and repairs.
Winning a Personal Injury Claim for my Bicycle Injuries
Simply filing a personal injury claim for a bicycle accident will not ensure that you will receive compensation for your injuries. There are several elements of your bicycle claim which you must prove in court to win.
As he plaintiff, you have the burden of proof which means you will need evidence to prove that you were injured from the negligent actions of the other person, and it was these actions which caused your injuries. How do you prove this?
- First you must establish that the defendant had a duty toward you. This is generally not disputed or the case would not have been brought to trial. For example, if you were injured by another motorist who ran a red light, you must prove that by running the red light the driver breached their duty.
- Second, you must prove causation. To prove causation in the example above, you must prove that the other driver's breach of duty caused or led to your bicycle accident injuries.
- Finally, you must prove that the other driver's negligent actions caused loss or injury. This can be proven with physical evidence or medical evidence such as medical records, laboratory results, x-rays, or photographs.
How do I secure compensation for my injuries?
If you are injured by another driver, you may be fighting against an insurance company who has massive resources to fight your bicycle accident claim. Find a personal injury lawyer who is familiar with bicycle claims such as Betz and Baril.
Bicycle lawyers can review the strengths and weakness of your claim, develop a clear strategy to win the bicycle injury case and let you know how much money you may possibly receive. Bicycle accident lawyers have knowledge about the field of personal injury law and understand what it will take to win your case.
Fees for Hiring a Bicycle Lawyer
Bicycle lawyers work on a contingency fee basis and are only paid if you win your personal injury claim. If you win your bicycle claim, bicycle lawyers will be paid a percentage of the gross payment amount after the settlement or verdict. The percentage paid can vary by attorney, but generally is 33% to 40%.
A bicycle lawyer will pay for all costs to prepare for your case and will be reimbursed only if you win your claim. Typical expenses and costs to prepare for a bicycle claim can include: cost for a consultant, travel expenses, deposition fees, filing fees and all other fees for preparing for the bicycle claim trial.
Call Betz & Baril at 865-888-8888, let us do the legal work while you focus on getting better.