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Bicycle accidents kill thousands of people in America every year. This happens because many reckless drivers feel entitled to use the entirety of the road and forget that bikers deserve their own space as well. Although there are several rules that car drivers must follow to ensure everyone's safety, they don't always follow them, which causes terrible consequences.
All bikers who get in accidents are entitled to receive financial compensation from the at-fault party, which is why they should get an experienced bicycle accident lawyer who can guide them through the process.
Causes of Bicycle Accidents
Bike accidents can be classified into two categories—those caused by vehicles and those caused by other issues. However, 90% of bike accident deaths are caused by other cars, which are much faster and bigger than bikes. Most of these accidents are caused by drivers who don't follow the rules or decide to drive when intoxicated.
Nonetheless, bicycle accidents that aren't related to other cars can also cause severe injuries to the biker. They can be caused by a lack of maintenance of the road, loose animals attacking the driver, and even manufacturing issues of the bike.
Decreasing Your Accident Risk
The best thing a biker can do is to try to be as safe as possible all the time, which is why they should follow these simple tips that can prevent traumatic brain injuries.
Wearing a helmet and the proper biking safety clothes can help reduce injuries by up to 50%, which can help prevent deadly accidents.
Bikers should also use bright colors and lights. This allows drivers to see them from a considerable distance, which gives them enough time to stop before hitting them.
22% of car accidents involve the intoxication of one of the parties, which is why it is crucial to not drive or cycle when drunk.
Who Can Be Held Liable in a Personal Injury Case?
Several parties can be held liable for an auto accident, but some of the most common are the following.
The motor vehicle driver or their insurance company are the most common defendants in these cases.
Sometimes the road may be in a bad state. In those cases, the victim can sue the government agency.
If the bicycle has a manufacturing defect, the biker can sue the company that created it.
In cases where the biker gets attacked by an animal, they can file a claim against the owner.
Bikers can also be held liable if they get in an accident with other bikers.
Determining Liability in Accidents Involving Bicycles
The most important thing that needs to be done when filing a bicycle accident claim is to determine liability, as bikers, especially those who don't seek guidance from a bicycle accident law firm in St Louis, aren't going to be able to receive compensation if they are at fault for the accident.
Suppose they share liability with other parties, in that case, they are going to only receive part of the money, which is why it is essential to hire an experienced Saint Louis bicycle accident lawyer who can determine liability for the case and ensure their clients get as fairly compensated as possible.
Motor Vehicles Accidents and Children
When drivers go through an area where children tend to be around, such as schools, they should be extra careful and aware of their surroundings. This is called "unusual care," and it is expected even when there aren't any kids around.
Children aren't able to take care of themselves, which is why the driver is usually held liable for these cases. However, this doesn't mean the drivers are always at fault for the accident, as sometimes the parents of the kinds may have acted negligently.
Still, the kid's age is also relevant, as older teenagers don't have the same responsibility level as younger kids.
How to Win a Bicycle Accident Lawsuit
In order to win a bicycle accident claim, the Saint Louis personal injury lawyer must be able to prove the four elements of negligence:
The first element is the duty of care, which in this case can be driving carefully.
Then, the duty must have been intentionally or unintentionally breached.
The victim must have proof of the harm they suffered, such as spinal cord injuries or other serious injuries.
Finally, the damage must have been directly caused by the breach of duty.
Damages in a Bicycle Accident
An injured biker can receive compensation for three types of damages:
Economic damages are meant to compensate for all monetary and quantifiable losses
Non-economic damages include all psychological distress and pain and suffering the victim may have been through due to the car accident
Punitive damages are special damages the driver may receive if their offense was especially severe, such as driving while drunk
Does Auto Insurance Cover Cyclists?
If the driver is liable for the accident, their auto insurance should cover all expenses. Moreover, if the victim had personal protection coverage, they may also be able to get compensated by their own insurance.
What to Do If You Are in a Bicycle Accident
Certain steps need to be followed when getting in a car accident case to ensure everything runs as smoothly as possible.
The first step is to go somewhere safe to prevent further damage and call 911 to get immediate medical attention.
Then, both parties must exchange insurance information and avoid talking much before calling their lawyers.
The plaintiff must collect all possible evidence, such as photos, videos, recordings, and police reports.
It is vital to get immediate medical attention to obtain a professional record of all of the injuries.
The plaintiff must also keep track of all their losses and avoid talking to anyone about the case without a Saint Louis bicycle accident attorney.
Finally, the last step is hiring an experienced bike accident lawyer who can manage personal injury claims.
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Bottom Line
Personal injury cases are terrible situations that can end up in tragic events, which can be extremely devastating, especially if they could have been avoided. That's why the Powell Law Firm offers fantastic law services from great personal injury lawyers to anyone in Chesterfield, MO, who needs to be fairly compensated for their injuries.
Anyone can get a free consultation from their Chesterfield bicycle accident attorneys by calling the number at the end of this page.