Bicycle Accident Lawyer in Phoenix
Bikes are a popular way to get around town, second only to automobiles. Unfortunately, bike riders may be at risk when negligent drivers are on the road. If you are injured in a collision while riding your bicycle, talk to a lawyer about how you can get compensation.
Many bicycle accidents are the result of negligent drivers rather than clumsy bike riders. If a bike rider is injured, they may file an auto insurance claim even though they were driving a vehicle. If at least one vehicle is involved, your accident may be considered a "car accident" for insurance purposes. You can also take advantage of other insurance policies, like health insurance, to cover all your damages. If you still have unpaid expenses, an attorney can help you sue the driver who hit you.
Talk to our bicycle accident attorneys about how you can get fair financial compensation by calling the Phoenix Accident and Injury Law Firm at (480) 428-0816.
Can I File an Insurance Claim for a Bike Accident in Phoenix?
Yes. If you are struck by a vehicle while riding your bicycle, you may be eligible to file an auto insurance claim.
Auto Insurance
If at least one vehicle is involved in your bicycle accident, it may be considered a car accident, at least for insurance purposes. Since Arizona auto insurance follows a fault-based system, you may file a third-party claim with the driver's liability insurance. As such, you must get the driver's name and insurance details at the scene of the accident or shortly after.
Health Insurance
Insurance is tricky, and the other driver's auto insurance might not cover everything. You may file a claim with your own health insurance if you have any. Often, both the driver's auto insurance and your health insurance will come into play, but not at the same time.
Often, your health insurance pays first, so you can get care quickly. The at-fault driver's liability coverage may then reimburse your health care insurance provider. An attorney can help you coordinate benefits.
What if Insurance is Not Enough?
If insurance does not cover everything, or your claims are reduced or denied by the insurance company, a lawyer can help you file a lawsuit against the at-fault driver. While this can be challenging and time-consuming, it may be worthwhile, as greater damages are often available in a lawsuit, as long as you can prove them.
How Do I Sue for Damages After a Bicycle Accident?
To sue for damages, an attorney can help you evaluate your claims, file a complaint, and take your case to court.
Identify the Defendant
In bike accident cases, the defendant may be obvious. The driver of the car that struck you is likely responsible for the accident and should be named as the defendant in your lawsuit. However, do not rule out all other possible defendants until you have spoken to a lawyer.
Determine How the Accident Occurred
Next, our bicycle accident attorneys must determine how the accident happened. Knowing this information will help us determine where to find evidence and how to use it to prove the defendant's liability in the courtroom.
Evaluate Your Damages
If damages are mistakenly left out of the complaint or are undervalued, you may lose out on valuable compensation that you rightly deserve. While it might be possible to amend your complaint later to include missing damages, this is not always easy or possible.
FAQs About Bicycle Accident Lawsuits in Phoenix
How Do Bike Accidents Usually Happen?
Many bike accidents happen in places where bike riders and vehicles are in close proximity. Often, drivers swerve into bike lanes or fail to pay enough attention to bike riders, resulting in crashes.
Who is Responsible for a Bicycle Accident in Phoenix?
In many cases, drivers are responsible for bike accidents. Although drivers are required to treat bikes as they would any other vehicle, they often do not. Instead, bike riders are seen as nuisances when they should be given the same respect as drivers.
Can I File an Insurance Claim for Injuries from a Bicycle Accident?
Yes. If you were struck by a vehicle while riding your bike, you may be able to file an auto insurance claim. Since at least one vehicle is involved, your accident may be considered a car accident, at least for insurance purposes.
Can I Sue for Damages Related to a Bike Crash?
Yes. Once you exhaust your insurance options, whatever they are, you can sue for damages if you have not received adequate or fair compensation. Your case likely involves personal injury claims, and you should speak with an attorney with experience handling similar cases.
What Damages Can I Claim in a Bike Accident Lawsuit in Phoenix?
You may claim various economic and non-economic damages. Common examples of economic damages include medical costs, the cost of a new bike, and the value of income you lose from being unable to work while you recover. Non-economic damages may include pain, suffering, distress, humiliation, and other painful experiences that may not be proven solely by evidence of cost.
What Type of Evidence is Required for a Bike Accident Case?
Evidence will vary based on what is available and what you seek to prove in court or an insurance claim. Some common pieces of evidence include, but may not be limited to, photos and videos of the accident scene, witness testimony, your medical records regarding injuries, and evidence of signage or traffic signals in the area.
What if the Driver Who Hit Me on My Bike Fled the Scene?
Sometimes, drivers run from accident scenes before they can be identified. If this happens, you may have trouble filing an insurance claim or a lawsuit, as you might have no idea who the driver is. Call the police immediately. They may investigate, find the driver, and possibly arrest them on criminal charges.
Can I Sue if I Was in a Bike Accident While Not Wearing a Helmet?
Yes. Even if you were not wearing a helmet, you may still sue for damages. However, your damages may be reduced if your lack of a helmet contributed to your injuries or made them more serious than they otherwise would have been.
Can a Bike Rider Be Blamed for an Accident with a Car?
While it is possible for a bike rider to somehow be at fault for an accident involving a car, it tends to be less likely. If a driver strikes you, there is a strong chance that they are somehow negligent. Even if you were also negligent, the driver's negligence may outweigh your own.
Should I Call the Police to Report a Bicycle Accident?
Yes. You might have serious injuries, and the police can render emergency aid until an ambulance arrives. They can also make sure the drivers and witnesses remain at the scene until they can speak to everyone and get an idea of what happened.
Contact Our Bicycle Accident Lawyers in Phoenix for Help Now
Talk to our bicycle accident attorneys about how you can get fair financial compensation by calling the Phoenix Accident and Injury Law Firm at (480) 428-0816.
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Gianne Lovely Aurelio
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I was in an accident that resulted in getting whiplash and a concussion. I contacted Phoenix Accident and Injury Law Firm that day. Everyone was helpful (Rhea, Karissa, and Jeff) from the very beginning to the very end. They sent me to a physical therapy location that was pretty far away but the doctor and physical therapist were very kind so I did make the trek. They handled all aspects of my case in a timely manner and answered all my questions. They got the max amount possible, and from that, paid the medical bills and took their fair cut. I would not hesitate to recommend them to family or friends.
Adriene Lankford
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Fernando Lopez
My experience with this team was superb, as they were ongoing with the case and making sure that the client gets what they deserve. I recommend anyone looking for a accident law group that this is the team you want to be representing you!!
Kimberly Legaspi
What can I say about the Thompson Law Firm? They are AMAZING!! It’s never fun when you need an accident lawyer because you are pretty much in a bad place. Shane and the staff have been wonderful, kept me informed at every step of this process. I would recommend Thompson Law Firm to anyone, in fact, I have referred several friends already!! Thank you Thompson Law Firm for everything you did for me!!!
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Malik
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