Can I File A Personal Injury Claim If My Bicycle Was Hit By A Car?

15 Nov 2012


Posted by mac

Personal injury claims often have a number of factors that influence their validity. If you have been injured in a bicycle and car collision, you may be entitled to compensation. Before filing a personal injury claim, it is important to consider the following:

Driver Negligence: The basis of any personal injury claim is negligence. If the driver of the vehicle that collided with your bicycle failed to take the necessary and reasonable precautions to ensure their own safety and the safety of those around them, they may be held liable for the damages that ensued. For example, if a driver failed to check if an intersection was clear before driving through and hit someone, they are responsible for the damages caused by their carelessness. Failure to adhere to right-of-way specifications may also be a sign of driver negligence. If the driver of the car that collided with your bicycle was negligent, you may be eligible to file a claim for the personal injuries that you sustained from the accident.

Rider Negligence: In some cases, the rider of the bicycle may have been partially at fault for the accident. If this is the case for your injury, you may need to consult a legal professional about the laws in your state regarding fault. In some states, a bicycle rider that was at least partially at-fault in the accident may not be entitled to receive compensation from their injuries. However, other states may award a claim that is adjusted for the amount of fault that each party is responsible for. For example, if a judge finds that the bicycle rider had 20% of the fault for a given accident and the driver of the automobile had 80% of the fault, they may find that the driver is responsible for 80% of the costs of the injuries that resulted from the accident. To determine if rider negligence could affect your claim, review the laws for your state or contact a local personal injury attorney.

State Regulations: Each state has different regulations that apply to personal injury claims. You will want to examine the statute of limitations that applies to personal injury claims in your state. A statute of limitations defines the length of time that is permitted to pass following an accident during which time a personal injury claim may be filed by the injured party. If this length of time has already passed, you may not be eligible to receive compensation for your injuries.

Insurance: A final factor to consider when filing a personal injury claim is insurance. Depending on the insurance of the two parties involved, the specific details of your claim process may vary. Because bicyclists are not insured in the same way that cars are, it may be beneficial to you to speak with a personal injury lawyer to determine how to best work with your insurance, if you have any.

As with any kind of personal injury claim, it can be very helpful to have the aid of a qualified legal professional on your side. A great personal injury lawyer can help you to determine whether you have the right qualifications to be able to successfully complete a personal injury claim and receive compensation for your injuries.