Bicycle accidents often result in serious injuries, leading to medical bills, lost wages, and other financial burdens. When an accident occurs due to someone else’s negligence, the injured cyclist has the right to seek compensation. However, negligence plays a key role in determining how much compensation a victim may receive. Our St. Amant, LA bicycle accident lawyer can explain how liability is assigned and how different factors impact a claim is essential for anyone involved in a bicycle accident.
Determining Fault In Bicycle Accidents
Fault in a bicycle accident is determined based on negligence. If a driver, cyclist, or another party acted carelessly and caused the crash, they may be held responsible. Common examples of driver negligence include failing to yield, running a red light, speeding, or driving while distracted. On the other hand, cyclists can also be found negligent if they ignore traffic laws, ride against traffic, or fail to use proper signals.
Comparative Negligence And Its Impact On Claims
In many states, comparative negligence laws apply to bicycle accident claims. This means that if both the cyclist and the driver share some responsibility for the accident, the compensation may be reduced based on the cyclist’s percentage of fault. For example, if a cyclist is found to be 20% at fault for an accident, their total compensation will be reduced by that percentage.
How Evidence Supports A Bicycle Accident Claim
Proving negligence requires strong evidence. Photos of the accident scene, witness statements, police reports, and medical records all play a role in establishing what happened. Traffic camera footage or surveillance videos can provide further clarity in disputed cases.
Medical records are particularly important because they document the extent of injuries and treatment received. These records help link the injuries directly to the accident, which strengthens the claim. Additionally, keeping a record of missed workdays and lost wages can help calculate financial losses resulting from the crash.
Insurance Company Tactics And Liability Disputes
Insurance companies often try to reduce their liability by shifting blame onto the cyclist. They may argue that the cyclist was riding recklessly, failed to obey traffic laws, or contributed to the accident in some way. Because of this, it is important to be cautious when providing statements to insurance adjusters. Anything said can be used to minimize the claim or deny it altogether.
Our experienced attorneys can help gather the right evidence and push back against unfair insurance tactics. Without proper representation, cyclists risk receiving far less compensation than they deserve.
Legal Options For Injured Cyclists
Bicycle accident victims have the right to pursue compensation for medical expenses, lost wages, pain and suffering, and other damages. The process can involve negotiating with insurance companies or filing a lawsuit if a fair settlement cannot be reached.
At Cashio Injury Attorneys, LLC, we help injured cyclists protect their rights and seek fair compensation. If you or a loved one has been hurt in a bicycle accident, contact us today for a free consultation. With over two decades of legal experience, our team is here to guide you through the legal process and fight for the compensation you deserve.