Legal Help In Case of a Bicycle Accident
The aftermath of an accident can be shocking, especially when the victim is a pedestrian or a cyclist. The personal injuries that come when a car hits a victim can be profound and life-changing, if the victim is even lucky enough to survive. In cases of injuries to cyclists, the law can be complex and hard to negotiate. That’s why it’s very important that a cyclist who has been injured in an accident must seek help right away from an experienced personal injury attorney.
Types of Personal Injuries from Bicycle Accidents
There are many types of personal injuries covered by the law. They include injuries ranging from dog bites, slip and fall accidents, construction accidents and many more. Bicycle accidents are also covered under personal injury law, so a cyclist who has been injured in an accident may have a right to bring suit and collect damages for their injuries.
A cyclist may suffer severe injuries in an accident, if another person (a driver) is found to be at fault. In this case, a cyclist can collect compensation for losses incurred by lost wages, costs for medical treatment and more.
Consult with An Experienced Attorney
Very soon after an accident, a victim should have a consultation meeting with an attorney who specializes in bicycle accidents. The laws surrounding these accidents are very specific, so it’s important to have someone representing your case who knows these types of laws intimately. During the meeting, the accident victim will give all the information they have about the incident to the attorney. If they agree to move forward, the attorney will then begin collecting information on medical bills and any witnesses to the accident. They will also discuss the costs involved in retaining a legal representation before they reach an agreement and move forward.
Moving the Case Forward
As the attorney begins to build a case for the accident victim, they will file a petition with the court that states all the details of the claim and identifies the parties involved. The court will then issue a summons to the defendant in the case who will need to answer the summons or create a counter claim. From here, the case will continue with information gathering, in which the attorney will move forward with case discovery. Sworn statements, or depositions, from the parties involved, will be taken to be used as evidence in the case.
Moving Forward With the Case
As the case begins to move forward, there are several types of pre-trial motions that can be requested. A motion to dismiss can be filed after the discovery phase if it is found that there is insufficient grounds for a case. A summary judgement motion can be filed if the facts of the case are undisputed, and the case indicates a ruling in one side’s favor. This motion can be used to avoid going to trial. If there are mistakes in the case, a judge can rule a SuaSponte Dismissal and have the entire case thrown out.
Most cases are settled without the need for a trial. An experienced lawyer can negotiate with the other party in a bicycle accident and agree on terms for a payment to the victim to cover the cost of treating their injuries and for other damages. If the parties are unable to agree on a settlement, the case will go to trial.
After a trial or a settlement has been reached, the losing party in the case will have to pay the victim. An attorney will work out the details of collecting the funds from the losing party, or issue a post-judgement discovery is the other party refuses to pay.
Finally, the losing party has the option of asking for an appeal if they have sufficient grounds to say the case was tried unfairly. In some instances, the case can be reversed if it is found that major errors were made during the trial.
Yes, legal cases involving injuries to cyclists are very involved. They require great legal expertise and knowledge of the workings of the specific laws involved if the case is to be dealt with successfully.
Bicyclists who have been injured should seek legal representation immediately after an accident in order to obtain the best possible protection under the law. Laws are in place to protect those who are injured, and the good news is that there are experienced and knowledgable attorneys available to help in case of an unfortunate incident occurring out on the road. If you have been hurt in an accident, don’t go it alone. Seek expert legal representation immediately. The law is on your side, so seek help right away.