Understanding the bicycle-car accident settlement process can be slightly nuanced and
complex. To help you get a better idea of what to expect, we’ve outlined what the process
entails, what you can expect, and how to get started with a bicycle-car accident settlement.
Utah Bicycle Laws
A helpful place to start understanding the bicycle accident settlement process is educating yourself on Utah’s bicycle laws. In Utah, there is no statewide requirement for minors
or adults to wear a helmet. However, some counties and cities require the wearing of a bicycle helmet, regardless of the state law.
In addition, when bicycle riders are on roadways, they are subject to the same road rules as those in motor vehicles. This means that they’re required to indicate when turning, make complete stops at red lights, move in the same direction as traffic, yield to pedestrians, etc.
Those riding bicycles must also stay on the right-hand side of the road and maintain the same speed as the traffic around them. Learn more about Utah Bicycle Laws here.
Bicycle-Car Accidents & Liability
There is good news and bad news about bicycle crashes. The bad news is that 45% of bicycle crashes happen in or near an intersection. The good news is that only about 11% of bicycle crashes involve a cyclist and a car. However, when a crash or accident occurs between a car and a bicycle, it’s usually serious.
One of the most common problems that present itself when a bicyclist is involved in an accident (who is not wearing a helmet) is a head injury. If the county, city, or state requires all persons to wear a helmet while riding a bicycle, this person could lose their chance at compensation due to their negligence of the helmet law.
This bicyclist may still be able to receive some compensation for the accident, but because they were negligent in connection with the accident, it will be very difficult for them to receive such compensation.
One way this can be done is by proving that the head injury would have occurred even with the helmet, but that task is very difficult to prove. When it comes to liability, the person who caused the crash is at fault and most likely has to pay for the damages. If both parties are at fault, it can get complicated; such as a cyclist not wearing a helmet when they are supposed to, and a car crashes into them.
This is why hiring a bicycle accident attorney is key. Your dedicated Utah personal injury lawyer will gather evidence to prove the at-fault party’s liability. Using accident reconstruction, eyewitness statements, toxicology reports, and more we can determine and prove fault. For example, some of the most common reasons drivers injure cyclists include driving under the influence, reckless driving, failure to obey traffic signs/lights, using technology, or not yielding the right of way.
It’s important to note that the only way to receive compensation for a bicycle accident in Utah is to prove you’re not at fault.
Bicycle Injury Settlement Process: What’s Involved?
Looking to further understand how bicycle-car accident settlements work? Let’s take a deeper dive into what’s involved in the process and answer any questions you might have regarding bicycle-car accidents.
When Should You Call A Bicycle Accident Lawyer?
You should call a lawyer immediately. The sooner your personal injury attorney starts working on your case, the sooner you’ll get a settlement.
Why Should You Hire A Lawyer?
By hiring a bicycle accident attorney in Utah, you’re showing the other party (the one at fault) that you demand a fair settlement and are taking the process very seriously. Having legal representation also helps guide you through the process so you aren’t paying unnecessary fees or getting lost in a sea of paperwork. Plus, we always make sure you get the best settlement possible.
Do I Qualify For A Settlement?
Any bicycle rider who is injured in a collision with a motor vehicle may be entitled to compensation. However, in order to receive a settlement you need to prove that the driver was at least partially responsible for the accident. This means, for example, that if you didn’t stop at a stop sign and a car slammed into your bike, it was your fault. However, if a car didn’t stop at the sign and consequently hit you, they’re at fault.
It can be difficult to prove fault or negligence which is why it’s so important to have a qualified and experienced attorney handle your case.
I Wasn’t Seriously Injured, Can I Still Get A Settlement?
Every case is different and there are a variety of factors at play. However, the severity of injuries will typically influence the kind of settlement you receive. This doesn’t mean that even if
you only sprained your ankle, that you aren’t entitled to some compensation. Especially if the driver was being incredibly negligent.
Beyond reimbursement for any medical bills, a good attorney will also fight to get you compensation for lost wages, property damage, cost of replacing/repairing your bicycle, and damages for pain and suffering.
How Do I Receive A Settlement For A Bicycle Accident?
The first step towards receiving a settlement is to alert the police and make sure they file an accident report. You should also get the insurance information from the driver at fault. Next, hire an experienced bicycle accident lawyer. The lawyer will take over the case from there, by notifying the insurance company and driver that you intend to make a claim.
You will need to keep records of any medical appointments and any other evidence to help showcase the impact and damage this accident has had on you.
What’s Included In A Bicycle Car Accident Settlement?
The average personal injury settlement could include any of the following elements:
● Cost of replacing or repairing your bicycle
● Health Care Expenses
● Potential future medical care costs
● Loss wages/income
● Loss of future earning ability
● Emotional suffering
● Pain and inconvenience damages
● Emotional distress
● Rehabilitation & Pain Relief services
● Home nurse expenses
● Cost of vehicle needed to accommodate injury
● Renovations needed to accommodate injury in the home
● Cost of hiring household assistance for duties/chores you can no longer perform.
Contact Us Today For Accident Settlements In Utah
Immeasurable relief comes from knowing that someone understands the legal aspects of a case, is handling the paperwork and answering phone calls during all phases of a personal injury claim. A skilled, committed, knowledgeable attorney and staff certainly makes a positive difference to someone who has been injured.
If you or a loved one has been injured in a bicycle-car accident we encourage you to contact our expert attorneys today for a free case evaluation. Call anytime at (435) 258-9338 or fill out our Contact Form today. This article is offered only for general information and educational purposes. It is not offered as and does not constitute legal advice or legal opinion. You should not act or rely on any information contained in this article without first seeking the advice of an attorney.
