As a cyclist, you have as much of a right to ride safely as everyone else. You are also within your legal right to demand accountability and compensation following an accident.
There’s no denying the fact that cycling offers numerous benefits, from helping you stay in shape to reducing your carbon footprint. However, these benefits also come with a string of disadvantages. Unlike driving a four-wheeled vehicle, you’re more likely to experience greater injuries from a road accident because you have minimal protection. No matter how experienced you are as a cyclist, you will need to prepare for any eventuality.
Much of that preparation revolves around taking legal action if the accident has caused you not just physical harm but also inflicted emotional injuries and financial damages, all of which could reduce your quality of life.
By knowing your legal options, you can recover what you’ve lost and move on. It’s just a matter of knowing how to make the most of the process as you file a complaint against the party at fault. Here’s a quick overview of what legal steps to follow in the aftermath of your accident.
1. Get Treated and Document the Scene
It’s never wise to assume that minor scratches won’t warrant legal action. If you ignore the need for immediate medical attention even for small cuts and bruises, you could expose yourself to infection or worsen underlying fractures. An injury, no matter the severity, must be treated as soon as possible. This will allow you to obtain medical records that tie the injuries to the accident, so the other side won’t insist that these injuries were caused by something else.
In addition to medical treatment, it also matters to take tangible evidence on the ground. Take photos of your injuries, the damage to your bike, and other details that would establish the other party’s fault, especially if
speeding and other forms of reckless driving caused the accident.
2. Talk to Witnesses
Evidence doesn’t only take the form of photos and medical findings. Other people may have been around to witness the accident, so it’s important to reach out to them and ask about what they heard, saw, and did in response. These witnesses could be pedestrians, motorists, or owners of nearby establishments that captured the accident through security cameras.
Whichever the case, interview them and get their names and designations. Just be sure to get their consent before taking any notes. Once you have their permission, record their narratives and compile these with other evidence, which will strengthen your bicycle accident claim later on.
3. Get an Attorney to Build Your Case
Personal injury cases, including those involving bicycles, can be filed without the help of a lawyer. Then again, doing so is far from easy. The other side may put up a solid defense, insisting that the protective gear you wore fell short of industry standards or that you exhibited irresponsible behavior, such as failing to use hand signals and getting distracted.
Overcoming these would mean getting an experienced local lawyer by your side. If you were injured while cycling in Tennessee, consider getting a skilled bicycle accident lawyer in Nashville to help structure your case, increase its winnability, and ensure that you secure a compensation package relative to how much you’ve suffered.
4. Be Wary of Early Settlement Attempts
As your bicycle accident claim builds momentum, the other side will muster its resources in trying to settle the matter out of court and avoid matching the full compensation amount. There may be times when opting for a settlement is more practical compared to taking the case to trial. The costs of a court battle can be tedious, time-consuming, and may even outweigh the amount of compensation you deserve.
However, if the other side offers a settlement amount that’s significantly lower than your attorney’s calculations, you may have to refuse. If anything, you shouldn’t entertain any proposal to meet with the other side without your lawyer’s knowledge. There’s a good chance that they will get you to sign an agreement or even admit fault, which could jeopardize your claim. Regardless of the situation, always reach out to your attorney and analyze any settlement offer that’s put on the table.
Endnote
As a cyclist, you have as much of a right to ride safely as everyone else. You are also within your legal right to demand accountability and compensation following an accident. You simply need to follow the guide above to ensure you receive what you deserve.
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