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How We Handle Your Bicycle Accident Claim

If you’ve been hit by a car while on your bicycle, we can help.

Bicycle accidents are often more serious than you think. When broken bones or other injuries prevent you from working and earning an income to support your family, and you don’t know when or if you’ll get better, it can be hard on you and your loved ones. We understand how scary it is to go through something like this, but we can help. In fact, here at Console & Associates, P.C., our personal injury lawyers have helped people just like you for more than 25 years.

Injured cyclists often think they can’t afford professional legal representation, especially when their injuries have caused serious financial consequences—but this is exactly the time when you most need qualified and experienced legal help. Our attorneys work on a contingency basis, so there are no upfront costs and no risks involved with hiring us to represent you in bicycle accident claims.

You don’t have to go through this alone. We will be here for you every step of the way, fighting aggressively to get the compensation you deserve so that life can return back to normal as soon as possible. We understand how difficult it is when an injury causes pain and suffering, which is why our goal is to make sure that justice prevails, that the financial stress won’t weigh you down during this difficult time, and that you can focus on getting better!

Bicycle accident legal help is more affordable and easier to get than you might expect. Just call (866) 778-5500 today for a free, no-obligation case review.

Experienced Bicycle Accident Lawyers

After you sustain serious bicycle accident injuries, one thing becomes clear: you need help. With an experienced bicycle accident law firm on your side, you will have all your questions answered, your worries addressed, and your legal and financial interests protected. With more than 25 years of history in legal practice, Console & Associates, P.C. has exactly the sort of experience you need for a bicycle accident claim.

What demonstrates professional competence even better than years of legal practice is a law firm’s actual results. The bicycle accident attorneys at Console & Associates, P.C. have a history of getting their clients favorable results and maximum settlements. We have recovered more than $100 million in total compensation for our clients, including six-figure bicycle accident settlements like $100,000 and $635,000 for victims injured in hit-and-run bicycle accidents.

What Are the Common Causes of Bicycle Accidents?

Like auto accidents in general, bicycle crashes involving cars can result from many different actions. Most of the causes of bicycle accidents fall into the category of negligence.

That negligence is usually on the part of a driver who struck a bicyclist, but in some cases, there may be the grounds for a viable case against the employer of a negligent driver, a property owner or property manager, a government agency that negligently plans roads that are dangerous to cyclists, and other entities.

Pertaining specifically to bicycle collisions caused by a driver’s negligence, common causes of bicycle accidents include:

  • Drunk driving or driving under the influence of any drug that impairs the ability to operate a vehicle
  • Distracted driving, especially distracted teen driving
  • Rash, reckless, or careless driving
  • Speeding
  • Failing to maintain lane
  • Illegal passing
  • Running red lights or stop signs
  • Opening car doors in a negligent manner.
  • Otherwise disobeying traffic safety rules
  • Driver fatigue, which can be as significant an impairment as driving under the influence
  • Road construction, when hazards aren’t properly marked, the construction site isn’t prepared for closure safely, or motorists fail to heed construction signs and warnings

In some instances, someone else is to blame for a bicycle accident. You might also have the grounds for a bicycle injury lawsuit if your accident involved one of the following situations:

  • Defective products and product liability matters involving the designers, manufacturers, and other parties involved in making and distributing dangerously defective bicycles and bicycle parts
  • Premises liability matters in which a property is maintained in such a state that it is dangerous for cyclists who are riding their bicycles in a manner that would be consistent with normal use of the property

An injured cyclist doesn’t always know right away what led to the bicycle accident. Speaking to a bicycle accident attorney and allowing that lawyer to launch an investigation at no upfront cost can help you get answers and determine what legal options you have.

What Are the Types of Bicycle Accident Injuries?

There are many different types of bicycle accident injuries. A collision with a larger vehicle could cause the cyclist to suffer many of the same types of injuries that occur in other types of motor vehicle collisions. Since the cyclist has no protection from the force of the impact, those injuries are often severe.

In other types of bicycle accidents, there may be no collision with a vehicle, but the cyclist may instead be thrown from the bicycle, or get entangled in or struck by bike parts.

Some of the injuries that our bicycle accident lawyers most commonly encounter include:

  • Bruises, cuts, and lacerations, which may require stitches or surgical glue to repair
  • Fractures and broken bones
  • Road rash, which can be severe
  • Face, head, and brain injuries
  • Neck, back and spinal cord injuries
  • Soft tissue injuries, including herniated discs
  • Scarring and disfigurement

Recovering from any of these injuries can be a long and difficult—not to mention painful—road, and not all accident victims will make a full recovery. Having a compassionate bicycle accident attorney on your side can make all the difference, allowing you to focus on your physical recovery while giving you the best chance at receiving the full amount of compensation you’re entitled to.

Why Do You Need a Bicycle Accident Attorney?

When a bicycle accident is someone else’s fault and it causes you to suffer significant physical and financial harm, you can and should seek compensation. To get the maximum compensation for your damages, you need professional legal representation from an experienced bike accident lawyer. Your bicycle accident attorney has the legal knowledge to conduct a thorough investigation, gather evidence to prove legal liability, calculate the full amount of your damages, negotiate out-of-court settlements, and represent you in court if needed.

What Types of Bicycle Accident Lawsuits Are Handled by Console & Associates, P.C.?

The experienced bicycle accident attorneys at Console & Associates, P.C. handle all types of bicycle accident lawsuits that arise from negligence. Most often, bicycle injury claims involve a driver’s negligence behind the wheel of a car, truck, or other motor vehicle. Another type of bicycle accident claim is a product liability claim, in which the victim holds the manufacturer of a defectively designed or manufactured bicycle or bicycle part accountable for causing an accident. Product liability cases are those that involve a manufacturer’s negligence.

The legal team at Console & Associates also has a history of success handling hit and run cases in which motorists struck cyclists and then fled the scene. These situations are particularly appalling. Not only is it heinously wrong and illegal to flee the scene of an accident, but by leaving the injured cyclist alone and without help, the motorist is allowing the victim’s serious injuries to go untreated longer, potentially risking their life. By thoroughly investigating hit and run crashes and working with experts in accident reconstruction, our attorneys have been able to help victims.

Bicycle Accident Statistics

In 2019, 846 cyclists were killed in traffic accidents, according to the National Highway Traffic Safety Administration.

For every fatal accident on a bicycle, there are many more instances in which cyclists survive a crash but sustain serious, often life-changing injuries. Historically, bicycles have led to nearly three times as many total head injuries as playing football and more than eight times as many head injury-related hospitalizations, according to Bicycle Helmet Safety Institute.

Even when the overall national traffic fatality rate has decreased, that doesn’t always mean that cyclists’ fatality rates have followed suit. In fact, in 2018, when the overall traffic fatality rate dropped by 1 percent, cyclist fatalities increased by 10 percent, according to news site Streetsblog USA.

What Are the Considerations in Determining the Value of Compensation in Bicycle Accident Cases?

Injured cyclists often want to know what an average bicycle accident settlement looks like. However, it’s difficult to give a typical bicycle accident settlement amount, since the value of a claim depends heavily on the unique facts of an accident and on the extent of the damages, or harms and losses, the victim suffered. Below are some of the considerations that affect the value of your bicycle accident case:

  1. Physical or mental bicycle accident injuries. The injuries themselves and the pain and limitations they create for you can determine how much your case is worth. For example, the average settlement for bicycle accident back and neck injury will be higher for serious spinal cord injuries that leave a person paralyzed than for minor injuries that cause only temporary back pain. The mental anguish and other bicycle accident mental health effects, like clinically diagnosed post-traumatic stress disorder (PTSD), may also contribute to the value of your claim.
  2. Medical bills and rehabilitation expenses. Generally, the more extensive and more expensive treatments your injuries require, the more your claim is worth. Lengthy hospital stays, inpatient rehabilitation, and surgeries are some of the factors that can increase how much a bicycle accident injury claim is worth. For example, two cyclists may both suffer a herniated disc, but the payout for a patient who has to undergo surgery will likely be higher than that of a patient whose symptoms resolve with more conservative treatments. You might also seek compensation for projected future medical costs.
  3. Loss of wages after an accident. A bicycle accident injury can keep you out of work, perhaps for months. You have the right to pursue payment for lost wages as part of your bicycle accident lawsuit.
  4. Loss of future earning ability. In some cases, your injuries will continue to limit your ability to work. If your accident has left you with permanent or long-term limitations and disabilities—partial or complete—you may be able to seek compensation for the decrease in your future earning potential.

Other factors can also impact the value of your claim. The upper limits of your bicycle injury payout will likely be limited by the amount of bicycle accident insurance available through an auto insurance policy or a residential or commercial business property.

The causes of bicycle accidents and the legal liability for accidents also affect the value of a claim. When the defendant’s negligence is obvious, such as when a motorist who struck you is charged with reckless driving over their clearly dangerous behavior behind the wheel, your case is stronger than if the defendant’s culpability for the accident is debatable. In the case that a cyclist is partially responsible for the accident, their payout typically will be reduced by the percentage at which the cyclist is found at fault.

What To Do After Getting Into a Bicycle Accident

  1. Call the police. Reporting a bicycle accident is often the only way you can officially document the incident that left you injured.
  2. Get medical help. The injuries that result from a bicycle accident can be particularly severe since, unlike the occupant of a car, a cyclist has very little protection from the force of impact. If you fear that you are seriously hurt, let emergency medical personnel examine you and, if needed, transport you directly to the hospital. Otherwise, seek medical care promptly at the emergency room, an urgent care facility, or your doctor’s office.
  3. Don’t give a statement without a lawyer. When the police arrive, answer the necessary questions pertaining to the facts of what occurred and cooperate with the responding officer, but don’t offer additional information. Don’t admit fault for the accident or say that you should have done something differently. Until the investigation is complete, you don’t know for sure what caused the accident. Follow these same guidelines when speaking with the insurance companies that are involved in your accident claim—or, better yet, have an attorney handle these interactions for you.
  4. Make detailed notes and take pictures (if possible). Evidence is often what distinguishes a successful claim from an unsuccessful claim. While your attorney will investigate the accident, it’s important to gather as much of the evidence as possible now, before vehicles are moved and debris cleaned up. If you’re well enough to do so, use your cell phone to take photos of the accident scene, the state of your bike, and your injuries. Take notes on the location of the accident, the names and contact information of any witnesses, and the events as you remember them.
  5. Take down the license plates of any vehicles involved. This is particularly important if the vehicle flees the scene because this information is critical to finding the motorist who hit you. If the driver remains at the scene, you should also ask for their auto insurance information or get that information from the responding police officer.
  6. Contact a bicycle accident attorney. A lawyer can help you understand your legal rights, learn what to expect from the claims process, and pursue the compensation you deserve—all at no upfront cost.

Dealing with bicycle accident aftermath isn’t easy, but you don’t have to do it alone. The bicycle accident lawyers at Console & Associates, P.C. can help.

What Is the Importance of Police Accident Reports?

Injured cyclists often wonder why a police accident report in bicycle accidents is such a big deal. Basically, a police report is an authoritative method of documenting that the bicycle accident happened and what caused it.

Without a bicycle accident report, you may have a hard time proving your claim, especially if your bike itself wasn’t damaged. The insurance company may try to get out of paying your claim by arguing that you sustained your injuries in some other way that isn’t covered by the policy.

Once the police report is prepared, you should get a copy and keep it for your records and for the case your attorney is building on your behalf.

How To Prove Liability for a Bicycle Accident

To be eligible to pursue a bicycle accident settlement, you need to be able to prove that the defendant—the party you’re suing—was negligent in some way. Demonstrating negligence in a personal injury claim requires you to first establish that the defendant owed you some duty of care, such as the duty drivers have to follow traffic safety laws or the duty property owners have to maintain premises in reasonably safe conditions.

Next, you would have to prove a breach of duty of care on the part of the defendant. A violation of traffic safety laws may constitute a driver’s negligence, while proving a property owner’s breach of duty of care would involve identifying the specific hazards the owner allowed to exist on the property.

What many people don’t realize is that there is still more work to be done in proving negligence. You need to show causation, or that the established breach of duty of care is what caused your bicycle accident. Finally, you need to document that you suffered legally recognizable damages, such as physical injuries, medical bills, lost wages, and potentially pain and suffering.

Proving bicycle accident liability isn’t simple, but you don’t have to do it alone. Having high-quality legal representation from a team like Console & Associates can make the legal process simpler while putting you in a position to recover maximum compensation. A study by the Insurance Research Council found that attorneys get their clients 3.5 times more money, on average, than claimants without lawyers get for themselves.

When Should You Hire an Attorney After a Bicycle Accident?

It’s worth considering speaking to an attorney after any bicycle accident that leaves you with significant injuries. A bicycle accident injury doesn’t have to be catastrophic to pursue a lawsuit; any injury that is serious enough to affect your life through medical bills and pain or physical limitations may provide the grounds for a claim. As soon as you realize that your injuries are serious, you should speak to a bicycle accident attorney.

There are deadlines that apply to bicycle accident claims, and in some instances, victims may have only a matter of months to take action. However, there is another reason you should hire a bicycle accident lawyer as soon as possible. Shortly after the accident, the evidence that proves legal liability for the accident is freshest and easiest to find. When you wait to speak to an attorney, the delay in the investigation can allow crucial evidence in the case to disappear.

What Will a Bicycle Injury Lawyer Cost You?No Fee Promise You Don't Pay Unless We Win Console & Associates PC

Between the medical bills and the lost wages that result when your injuries keep you out of work, a bicycle accident can be financially devastating. Pursuing a claim for compensation is the only way to financially recover from the accident and, often, your best chance for affording the medical treatments you need to make the best physical recovery possible. That’s why the experienced bicycle accident lawyers at Console & Associates make every client our No Fee Promise.

This commitment means we handle claims on a no-win, no-fee basis. You will pay nothing for the initial legal consultation and case review, nothing to advance your claim through the legal process and nothing for legal representation during the course of your case. You pay only a portion of the settlement or jury award in your favor, and if we don’t succeed in getting money for you, you owe us nothing.

When attorneys handle bicycle accident claims on a no-win, no-fee basis, victims can get free legal advice from qualified professionals that can help them decide whether and how they will move forward with a claim for compensation.

Schedule a Free Consultation with a Bicycle Accident Attorney

Having a bicycle accident attorney on your side makes life after an accident simpler. We can handle all aspects of the legal process, as well as investigating the cause of the accident, answering your questions about typical bicycle accident settlement amounts, and advocating for you at every step. If the defendant is trying to unfairly put the blame on you, you can turn to our attorneys to uncover the evidence in your favor and create a strong case that minimizes your bicycle accident responsibility.

Our attorneys have repeatedly gotten our clients six-figure settlements for bicycle accident injuries that caused serious injuries—and we never charge clients upfront for legal representation. If you’re ready to have your case reviewed at no charge, call (866) 778-5500 for your free legal consultation.

Bicycle Accident FAQs

How Long After a Bike Accident Can You File a Claim?

Each state has statutes of limitations, or laws that establish a maximum length of time to take legal action. Depending on state law, you may have just one year or several years, and other deadlines may also apply. For example, the statute of limitations on bicycle accidents in New Jersey is two years, but if your claim involves a government entity, you may have as little as 90 days to give notice of your claim.

To ensure that you don’t miss the statute of limitations, as well as to make sure you can gather the evidence needed to move forward with your claim, you should reach out to a bicycle accident attorney as soon as possible.

How Do I Claim Insurance After a Bike Accident?

After a bicycle accident, different insurance policies may apply, depending on the circumstances of the accident and the laws of the state in which it occurred. For example, if your bicycle accident involved a collision with a car in a no-fault state and you are covered by an auto insurance policy, you may be eligible for personal injury protection (PIP) benefits under your own auto insurance policy.

For other types of damages and in other situations, you would need to seek compensation from another insurance policy, such as that of the at-fault driver, the negligent property owner, or the manufacturer of a defective product.

The easiest way to untangle this complicated situation and start the process of pursuing claims against all relevant insurance carriers is to speak to an experienced bicycle accident lawyer.

How Do I Find a Bicycle Accident Lawyer Near Me?

When you’re looking for a bicycle accident attorney, you should look closely at the law firm’s history of results handling cases like yours. Bicycle accident claims are unique and complex legal matters, and knowing that the lawyer you choose has experience successfully pursuing compensation on behalf of clients in situations like yours is one way to put your mind at ease.

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