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Key Takeaways
- Typically, a lawsuit is filed against the driver and any relevant and potentially responsible third parties.
- You do not have to be the person injured in order to file a lawsuit.
- A successful bike accident lawsuit can help you recover compensation for medical expenses, loss of earnings, and pain and suffering.
Lake Tahoe offers numerous scenic trails and roads for cyclists. From the East Shore Bike Path to Flume Trail, there is no shortage of areas to go for a ride. However, like with any recreational sport, a fun afternoon can quickly turn tragic in a matter of seconds.
Cyclists typically have little protection other than a helmet. If they are struck by a motor vehicle, their injuries can be life-altering and sadly even fatal.
If you or a loved one was injured in a bike accident involving a motor vehicle, you may be able to file a bicycle accident lawsuit against the driver and any other potentially responsible party. Read on to learn more about who may qualify to file a bike injury lawsuit, what the steps are, and how a local Tahoe-Truckee bike injury lawyer can help you.
Am I Eligible to File a Bike Accident Lawsuit?
If you or a loved one was struck by a motor vehicle and suffered injuries as a result, you may qualify to file a bike injury lawsuit. Typically, the lawsuit is filed against the driver and any relevant and potentially responsible third parties, such as a truck company that employed the driver.
In order to file a lawsuit, the driver should have exhibited some form of negligence or carelessness behind the wheel and failed to act as any reasonable driver would have done in a similar situation. Examples of bike accidents that may result in a lawsuit include:
- Collisions with cyclists caused by failing to yield the right of way or failure to obey traffic signals
- Turning unexpectedly in a cyclist’s path, including failure to turn on turn signals and/or failure to check for oncoming cyclists
- ‘Dooring’ accidents, or opening a car door into traffic without checking surroundings for oncoming cyclists
- Forcing cyclists off the road by driving into a bike lane or failing to share the road
- Striking a cyclist from behind by driving too quickly and failing to keep enough distance around a cyclist
You do not have to be the person injured in order to file a lawsuit. In the event of a fatal bike crash, a spouse, parent, or similarly close relative may be able to file a wrongful death lawsuit on their loved one’s behalf.
Why File a Bike Accident Lawsuit?
Bike accidents can seriously disrupt your life, causing financial stress on top of the physical and emotional toll of recovering from severe injuries.
A successful bike accident lawsuit can help you recover compensation for the following:
- Medical expenses: Past and future costs for doctors visits, hospital stays, physical therapy, medications, assistive devices, and more.
- Loss of earnings: Past and future loss in wages due to time away from work while recovering. This can include loss of earning potential if your injuries require you to find a different job that pays less, or if they prevent you from earning a living.
- Pain and suffering: While no amount of money can erase what has been taken from you, the physical and emotional pain and suffering you endure after an injury deserve to be accounted and paid for.
In wrongful death cases, you may be able to recover the following:
- Loss of consortium: If your spouse tragically dies, you may be compensated for the emotional loss you suffer, such as the loss of love and companionship.
- Loss of financial support: Spouses, minor children, and other dependents who relied on a loved one for financial support may recover compensation in the event of a loved one’s death.
- Funeral and burial expenses: The last thing a family should have to worry about are the costs of properly mourning their loved one if they were tragically taken from them. A successful wrongful death lawsuit can ensure they are compensated for these expenses.
Steps to Filing a Bike Accident Lawsuit
Filing a Truckee-Tahoe bike accident lawsuit doesn’t have to be overwhelming if you have the right legal counsel at your side. Here are the important steps your California bicycle accident lawyer can guide you through:
1. Hire a Truckee-Tahoe bike injury lawyer: Your first step should be to contact a local personal injury attorney who has experience in bike injury cases. Your lawyer will help you file your lawsuit and walk you through each step of the legal process.
2. File a bike injury lawsuit: Your lawyer will file a lawsuit against the potentially at-fault driver’s insurance company and any other relevant party, such as a truck company. It is important to note that if you file a lawsuit against a driver who struck you, the driver is not paying you out-of-pocket; rather, their insurance company will be covering your losses.
3. Collect evidence: During the discovery phase, your lawyers will gather supporting evidence to build a strong case on your behalf. This may include expert testimony, medical records, police records, surveillance camera footage, witness statements, and more.
4. Negotiate for a settlement: Most cases will be settled outside of court. Your bike accident injury lawyer will play an important role negotiating with the defendant’s insurance company in order to obtain a settlement offer that appropriately compensates you for your losses.
5. Fight for a fair jury verdict: Sometimes an insurance company may refuse to settle your case or offer a settlement that you believe is fair. Rather than take an offer that is too low, your California bicycle accident lawyer can represent you in a jury trial in order to secure a verdict on your behalf.
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Contact a Truckee-Tahoe Bike Injury Lawyer
At Sierra Injury Lawyers, our lawyers live, work, and bike the same trails and roads that you do. Based right here in Truckee, our bike injury lawyers have decades of experience representing injured clients in Truckee-Tahoe. Our personal injury law firm offers free, no-obligation consultations. Contact us today to find out if you may qualify to file a bike injury lawsuit.
