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According to the National Highway Traffic Administration report, bicycle accidents have increased since 2015. Cyclists are more exposed to severe injuries from a collision than a driver in a car due to the protective frame around them. Victims that have sustained severe injuries from a bicycle accident that was caused due to negligence by the other driver should seek monetary compensation.
A person injured in a bicycle accident should contact bicycle accident lawyers from Powell Law Firm. They should schedule a free consultation to know their legal options. In the initial consultation, the bicycle accident lawyer will review the victim’s injury claims to see if they’re viable.
When bicycle accident lawyers see there’s potential to win the case, they’ll conduct a free exploration investigation. The investigation determines if the other party has car insurance or enough assets to clear a personal injury lawsuit. Once completed, the two parties will sign a fee agreement contract to make the attorney-client relationship official. Therefore, injured cyclists must work with an experienced bicycle accident lawyer from Powell Law Firm in St Charles, MO. This will assure them of a better outcome for their personal injury case.
Missouri Law and Responsibility of Motorists and Bicyclists
There are various responsibilities that motorists and cyclists must uphold while on the road. They have the same rights under Missouri state laws to obey traffic rules. Motor vehicle drivers have a responsibility owed to bicyclists when driving near them.
Car drivers must allow enough clearance room between their motor vehicles and the bicycles. Therefore, while overtaking, they should maintain a safe distance. They also have a duty of care to drive reasonably and observe other roads around them; this includes bicycle lanes.
When motor vehicles are behind cyclists and they intend to turn right. The law indicates that motor vehicle drivers must slow down and allow the bicyclists to go through the intersection before turning. Motorists should be aware that, while making their turn, bicyclists may be cycling at higher speeds than they may think.
Therefore, motorists should avoid cutting the bicyclists off to avoid a collision. Moreover, motorists are expected to abide by the traffic laws when driving. When a motor vehicle driver fails to adhere to the above rule, the situation on the road may turn disastrous.
Common Causes of Bicycle Accidents
All road users have the responsibility of exercising safety while on the road. They must enact reasonable care to other motorists on the road. If a road user fails to exercise this, bicycle accidents are imminent. Here are some common causes of bike accidents:
The motor vehicle driver is distracted while driving. They may be on their phone, tablet, or radio, among other devices, making them fail to see a cyclist and turn in front of an oncoming cyclist.
Failing to leave a safe distance between them and other road users, including cyclists.
Failure to stop at a traffic control device or pulling out of driveways without crosschecking either side.
All these actions can cause a motor vehicle driver to cause a bicycle accident. The parties involved in the accident can sustain serious injuries that can lead to death. If a loved one has passed on due to bicycle accidents caused by negligence, their family members have the right to file a wrongful death lawsuit. Powell Law Firm has professional bicycle accident lawyers that can help such family members with their lawsuits.
Common Bicycle Accident Injuries
Depending on the gravity of the bicycle accident in St Charles, Missouri, a cyclist may suffer severe life-threatening injuries. Cyclists are more likely to have serious damage than drivers as they’re too exposed. Some of the injuries a cyclist may sustain include: fractures, broken spinal cord, traumatic brain injuries, and injuries to the extremities, among other serious injuries.
These injuries will leave a victim in pain plus take a toll on their financial stability leading to bankruptcy - as injured cyclists spend thousands of dollars on medical treatment. It's, therefore, fair for a bicycle accident victim to file a personal injury claim so that they’re able to recover compensation. Bicycle accident lawyers from a reputable law firm in St Charles will help get a fair settlement for victims of bicycle accidents. The victim should schedule a free consultation with accident lawyers from reputable law firms for a free case review.
Personal injury Claim
In St Charles, MO, bicycle accident lawyers can help clients file personal injury claims. How does it work? Here’s a step-by-step guide on what happens in pursuit of a claim:
Assessment
Bicycle accident lawyers will assess the claims that the victims have presented to them. It is done to determine if the victim can win a personal injury case. This is basically looking at the victim's claims and cross-checking traffic laws. A St Louis bicycle accident lawyer also assess the other driver's actions to determine if there was negligence.
Consultation
Personal injury attorneys will then confirm the victim’s claims by looking at the police report of the accident. In the report, they’ll indicate the at-fault driver. Additionally, the personal injury lawyer can get a second opinion from a medical practitioner to find out if the victim’s injuries were caused by the bicycle accident.
Submission
Bicycle accident lawyers from Powell Law Firm will then submit the personal injury claim. The submission will notify the at-fault driver that they have a case to answer. This leaves no room for the at-fault driver to come up with excuses for not knowing about the case. It gives the hearing dates and leaves enough room for the other party to seek legal counsel.
Negotiations
The victim’s law firm will have several trial conferences with the driver’s insurance company during the process. They do this in an attempt to settle outside law courts. Powell Law Firm has personal injury lawyers that have excellent negotiation skills. They’ll seek to only settle on the amount the victim is entitled to and secure fair compensation. The experienced personal injury attorney has seen the pain and suffering their clients have been going through.
Therefore, they can fight for the best settlement they’re only entitled to. If the two parties disagree on the fair settlements, the personal injury case will proceed to trial.
Trial
Both parties will have a chance to prepare and present their case. Most defendants will try to insinuate that the victim was partly to blame and that the judge should throw away the case. The motion doesn't go too far because it is baseless. Personal injury attorneys from a reputable law firm in Missouri have persuasive skills that would help them have favor with the jury. The personal injury verdict is either given by the jury or the judge.
Potential Damages
Overall, the available damages a victim can get depend on the gravity of the injuries, circumstances, and the extent of relative losses. A personal injury lawyer may work to get maximum compensation for the following damages:
Past and future medical costs; a bike accident can cause serious injuries that require medical treatment. This compensation will cover medical bills, diagnosis, and rehabilitation of the victim’s injuries.
Pain and suffering; the auto accident is a painful and traumatizing ordeal. Most victims wallow in pain and anguish during the recovery period. Compensation for their turmoil may help them have closure and move on.
Lost wages; bike accidents can cause cyclists to miss opportunities to earn money since they’ll be at home nursing injuries. This compensation is given to cover these missed opportunities.
Punitive damages; depending on how the bike accident happened, the judge can compensate the plaintiff with punitive damages to teach the at-fault driver a lesson.
Other St. Charles Practice Areas
Why Hire a Bicycle Accident Lawyer
Some motor vehicles become impatient with sharing the road with a cyclist. Other drivers are too distracted on their phones to notice an oncoming cyclist causing bicycle accidents due to negligent conduct. The insurance company may try to dispute the claims. Additionally, they use a tactic to convince the complainant to take a lesser settlement than they’re entitled to. Accident lawyers can read well into this and help a victim avoid getting duped.
The insurance company may even try to pin the accident on the bicyclist to dispute the driver's liability. They’re all about making profits and reserving their money. An accident lawyer from Powell Law Firm in St Charles, MO, is vital in recovering settlements. Therefore, victims need to schedule a free consultation for a free case evaluation. After a free case review, an accident lawyer can help the plaintiff to file a civil personal injury lawsuit. A lawsuit will help convince the driver’s insurance company that fair compensation is warranted.
Accident lawyers from Powell Law firm in St Charles, MO, are experienced and have seen the outcome of similar personal injury cases. Therefore, they know where the loopholes are to offset a win on the lawsuit. Working with such experts will always result in successful lawsuits. Victims should, therefore, consider contacting them for legal representation.