According to statistics from the Centers for Disease Control and Prevention (CDC), there were over 1,000 bicyclist fatalities in the United States in 2015, as well as over 460,000 bike-related accidents and injuries. These accidents and injuries are estimated to cost upwards of $10 billion every year in the form of lost productivity, medical treatment expenses, lost income, and other damages.
If you were struck by a vehicle or suffered an accident while riding a bicycle, you might be able to file a personal injury claim against an at-fault party if the negligence, distraction, or recklessness of that party caused on contributed to your injuries.
A Phoenix bicycle accident lawyer with Ben Crump Law, PLLC may be able to help with your case. Please call us at (800) 761-5225 to learn more about bicycle accidents, evidentiary requirements for personal injury lawsuits, and the next steps you should take.
Bike accidents are common in urban areas and where bicycles and motor vehicles have to share the road. Poor lane demarcation, unclear signage, hard-to-see clothing, and poor adherence to safety rules can all cause or contribute to an accident. Other risk factors for bicycle accidents are outlined below.
- Riders aged 50 to 59 have the highest bicycle accident fatality rate of any age group.
- Children and those under the age of 20 suffer the most non-lethal accidents.
- Men are killed six times as frequently as women in bike accidents.
- Most bicycle fatalities happen in urban areas.
- Most bicycle fatalities occur in the three hours between 6 p.m. and 9 p.m.
- Alcohol consumption–either by the bicyclist or a vehicle driver–plays a role in about 30% of all bicycle accident cases.
For a free legal consultation with a bicycle accidents lawyer serving Phoenix, call (800) 761-5225
Like pedestrians, bicyclists are more vulnerable on the road than many other groups. They can be hard to see, have very limited protection, and can suffer serious injuries if struck by a vehicle, even at low speeds. Injuries commonly seen in bike accidents include:
- Brain damage
- Head trauma
- Rashes or burns
- Broken or fractured bones
- Lacerations, cuts, and bruises
- Internal organ damage
- Internal bleeding
- Spinal cord, neck, or back damage
- Death, paralysis, or bodily incapacitation
If you were struck by a vehicle while riding a bike, you will likely face many other losses and damages as well beyond your bodily injuries. These losses and damages can include:
- Bike or property damage.
- Medical care, treatment, and therapy costs.
- Medicine, testing, and assistive device costs.
- Lost wages, an inability to work, or reduced earning capacity.
- Anxiety, mental stress, and emotional anguish.
A Phoenix bicycle accident lawyer with Ben Crump Law, PLLC can help you with your bicycle accident case. Read on below to learn more about how to file a personal injury claim for a bicycle accident.
Phoenix Bicycle Accident Lawyer Near Me (800) 761-5225
Claims and Litigation
In at-fault states such as Arizona, you can directly sue the at-fault party for damages if you can prove that he or she breached or did not meet the duty of care.
Anyone driving on the road is automatically assumed to owe others a duty of driving safely and responsibly. Driving while intoxicated, speeding, driving aggressively or recklessly, driving while distracted, or driving without proper licensing, training, or adherence to safe driving rules are all forms of negligence. A driver guilty of driving in such a way may be held liable for the injuries and damages that he or she causes in an accident.
According to the Insurance Information Institute (III), many drivers drive without insurance, and you can use your uninsured motorist coverage in case an uninsured motorist hits you or you are involved in a hit-and-run.
Depending on where your accident occurred, who was at fault for it, and the evidence you have to back your claims, you can usually file a personal injury lawsuit against someone who struck you in a bicycle accident if you can:
- Prove that he or she owed you a duty of care.
- Prove that he or she breached that duty in some way.
- Prove that the at-fault party’s breach of the duty of care was directly responsible for causing your accident.
- Prove that your accident led to physical, financial, mental, or other losses or damages.
How We Can Help
Proving a breach in the duty of care requires evidence. Evidence you can use to support your claim for damages and compensation after a bicycle accident can include:
- The official police report of the accident.
- Photos or video evidence from the accident scene.
- Dashcam, surveillance, or headcam footage.
- Eyewitness testimony.
- Cellphone records to prove that a driver was using his or her mobile device while driving, which is a misdemeanor in many states.
- Testing the blood alcohol levels of the driver presumed to be at fault to either confirm or rule out that he or she was drinking and driving.
Depending on the strength of your evidence and the extent of your injuries, you may wish to accept the settlement or take your case to court. Whatever option you choose, our team can assist you.
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Gathering evidence to prove your injuries, composing and delivering a letter of intent to sue, evaluating your damages, and dealing with insurance adjusters can be difficult, particularly if you were hurt in an accident and are in the process of recovery.
Please call Ben Crump Law, PLLC (800) 761-5225 today for assistance with these steps. Our Phoenix bicycle accident lawyer can provide you with a free case evaluation and help you decide your best course of legal action. Contact us today to learn more.