Bicycle Accident Lawyer

Bicycle Accident

A bicycle accident typically involves more than just the driver. Other cars or hazardous road conditions are frequently liable for causing a bicycle accident. When this happens, the bicyclist may be entitled to compensation from the responsible party. Suppose you were injured in a collision caused by a motorist’s negligence. In that case, it’s a good idea to speak with an experienced bicycle accident lawyer in Arizona or Utah as soon as possible. You must prepare and file a claim, which is regulated under state law. A reputable personal injury attorney knowledgeable about bicycle incidents can analyze your case and explain your recovery alternatives.

Why Choose a Specialized Bicycle Accident Lawyer?

A specialized bicycle accident law firm offers comprehensive support to navigate the complex legal system when seeking justice and compensation for such cases. At Esquire Law, we help bicycle accident victims gather evidence, handle negotiations with insurance companies, and represent them in court if necessary.

Dealing With Insurance Companies

After a bicycle accident, insurance companies frequently blame the cyclist for some or all of the fault. They also pressure injured bicyclists who are still in the hospital or healing since they know they are desperate for money. They aim to persuade people to sign low-ball settlements that aren’t even close to what they’re owed, and they do so to limit their liability.

As a result, bicyclists who have been hurt need an accident attorney on their side who will fight for them. The first step toward obtaining maximum compensation is to hire a bicycle accident attorney in Arizona. When an injured cyclist has legal representation, insurance companies often negotiate differently.

Understanding Your Rights and Responsibilities as a Cyclist 

Arizona’s legislative structure is very similar to Utah’s in that bicycles are considered vehicles—therefore cyclists have the same rights and responsibilities as motor vehicle drivers. With that, here are your rights and responsibilities as a cyclist under the law

  • Cyclists must follow traffic laws, including obeying signals and yielding when necessary.
  • Cyclists must travel in the traffic’s direction.
  • Cyclists must give pedestrians the right of way.
  • Cyclists should use bike lanes when available. 

Consult a bicycle accident attorney to help interpret the law in such cases—Call Esquire Law Today.

Have You Been Hit By a Car While Bicycling?

Drivers frequently forget that bicyclists share the road with them. While a bicycle has the same legal rights as a car, it is far more vulnerable to accidents. An accident between a vehicle and a cycle might result in serious injury to the rider. Like any other vehicle, Bicycles are required to observe the rules of the road. However, vehicles may fail to pay attention to bicyclists or forget to share the road, resulting in an accident appropriately.

Common Causes of Bicycle Accidents

In Arizona and Utah, almost all bicycle-related accidents are due to driver negligence such as not sharing the road or failing to provide the right of way. Our attorneys are dedicated to thoroughly examining each accident to determine what caused it and who is to blame.

The following are a few of the most common causes of bicycle accidents in Arizona:

  • Distracted Drivers: A driver could be distracted, such as being on their phone and not paying attention to the road. 
  • Dooring: When a driver suddenly opens their car door, hitting a cyclist before they have time to move. 
  • Speeding: A driver driving too fast may not see a bicycle sharing the road.
  • Drunk Driving: When alcohol impairs a driver and they are not able to safely drive. 
  • Poor Road Conditions: When a road has too many potholes, or cracks, or is uneven, then the road poses safety risks to cyclists. 
  • Bike Malfunctions: Sometimes a bike can break down due to defective bike parts or other issues with the bike. 
  • Drivers Deliberately Scaring Cyclists: When drivers on the road scare cyclists by driving too close, honking, or other scare tactics that cause collisions. 
  • Unsafe Turns: When drivers make unsafe left or right turns without checking for crossing cyclists. 
  • Wrong Side of the Road: When a cyclist rides their bike down the wrong side of the road.

Injuries Commonly Sustained in Bicycle Accidents

In a bicycle accident, bicyclists are vulnerable to severe and sometimes fatal injuries, even when wearing helmets. After a tragic accident, a bicycle accident lawyer at Esquire Law will work tirelessly to assist injured riders to obtain the justice they deserve. We understand how serious bike injuries may be and how they can have a long-term impact on your life and future.

We’ve assisted bikers who have sustained a range of injuries, including:

  • Broken Bones
  • Injuries to the Brain
  • Paralysis
  • Injury to the Spinal Cord
  • Injury to the Head and Neck
  • Bruises and Lacerations
  • Damage to the Muscles
  • Burns
  • Whiplash
  • Damage to Internal Organs

The Importance of Medical Documentation for Legal Claims

In the aftermath of a bicycle accident, medical documentation serves as critical evidence in legal compensation claims. This documentation provides the severity of injuries, the need for ongoing medical treatment, and the long-term consequences for the victim’s physical and emotional well-being.

At Esquire Law, our Arizona & Utah bicycle accident lawyers understand the significance of medical records in building a strong case for our clients. We work diligently to gather comprehensive documentation, including medical reports, diagnostic tests, treatment plans, and expert opinions, to support our clients’ claims for compensation.

Steps To Take Immediately After a Bicycle Accident

After a bicycle accident in Utah or Arizona, what you do immediately after can significantly impact your ability to make a claim and get the most money possible. After a bicycle accident, it’s best to follow this guideline:

  1. Seek Immediate Medical Attention: Your health is the top priority. Even if injuries seem minor, get evaluated by a medical professional.
  2. Call 911: Report the accident to law enforcement. This ensures documentation of the incident.
  3. Request a Police Report: This official report can be invaluable for insurance claims and legal proceedings.
  4. Follow Medical Advice: Adhere to your doctor’s recommendations for treatment and recovery.
  5. Notify the At-Fault Driver: Share relevant findings with the responsible party, but refrain from admitting fault.
  6. Gather Witness Information: Obtain contact details from any witnesses to the accident.
  7. Collect Evidence: Take photos of the accident scene, vehicle damage, and any injuries sustained.
  8. Protect Your Bicycle: Preserve evidence by keeping your bike in its current condition.
  9. Maintain a Pain Journal: Document your physical and emotional state to track your recovery process.
  10. Consult with a Bicycle Accident Lawyer: Seek legal advice before engaging with insurance companies or signing any documents.
  11. Exercise Caution on Social Media: Refrain from posting about the accident or your injuries online, as this information could be used against you.

Bicycle Accident Lawsuit Process

Suppose you have experienced a bicycle accident. Your life has changed entirely by getting expensive medical bills and lost wages. In that case, you should file a claim against the person responsible for all of this. Arizona lets people who have suffered from bicycle accidents file a lawsuit to receive compensation. This amount of money can be used to pay your medical bills to cover your lost wages and other financial problems.

These are the steps to take if you or your loved one has recently experienced a bicycle accident:

1. Take Pictures and Collect Data

When you arrive on the scene, take photos of the stage, the damage, your injuries, and the contact information of any involved parties or witnesses. It is critical to obtain the at-fault party’s names, addresses, phone numbers, and motor insurance information. Obtain the officers’ names, badge numbers, and police report numbers when they arrive.

2. Seek Medical Assistance

If you suspect you have been hurt, go to the hospital as soon as possible for an official medical evaluation.

3. Seek Legal Advice

While you may be able to pursue legal action on your own, you may overlook crucial procedures that could make a difference. Seek out a local squad as soon as possible and get going. The more serious the accident, the more critical it is to retain legal counsel.

4. Negotiation

A bicycle accident lawyer can frequently settle a personal injury claim outside of court by demanding the insurance company or the defendant’s attorney. Injuries that result in long-term disability may necessitate filing a lawsuit. If filing a lawsuit is the best option, it will take time. After analyzing the facts and medical records related to your injury, an attorney will be best qualified to explain this.

5. File a Claim for Personal Injuries

You have one year to go to court and file a case. The following items may be included in the trial discovery stage:

  • The two parties are interrogating each other and a request for documentation.
  • Relevant witnesses are called to testify, and a settlement discussion is held. Many times, the legal teams can reach an understanding.
  • In some circumstances, a mediator is brought in to help the parties reach an agreement outside of court.

6. If Necessary, Go to Trial

If mediation fails to reach an amicable agreement, the court will schedule your case for trial. The trial could last a single day or several weeks, depending on the case. The trial may be postponed after the stated date to accommodate the judge’s schedule, so plan.

7. Make a Decision

The court will announce the conclusion of the trial and, if necessary, issue a judgment award. If money is collected, your attorney will be paid a contingency fee. If no money is received, you will not be required to pay a fee to your lawyer.

Compensation for Bicycle Accident Victims

You can seek compensation for economic and non-economic damages following a bicycle accident. 

  • Economic Damages: Includes medical bills, lost wages, physical therapy, emergency transportation, hospital arrangements, and any other hard costs caused by the accident.
  • Non-Economic Damages: Includes compensation for pain, suffering, impacting the quality of life, and other intangible costs of the accident. 

Economic and non-economic damages must be paid by the driver who caused your collision. Bicyclists who have been injured can seek compensation for the following:

  • Expenses for Medical Treatment: After a bicycle accident, medical fees are frequently expensive. Hospitalizations, treatments, rehabilitation, and long-term care may necessitate financial assistance.
  • Medical Costs in the Future: Injuries can take months or even years to heal. They may never fully recover in some cases. Future medical expenses should be factored into whatever payment you get.
  • Wages Have Been Lost: When you’re hurt in a bicycle accident, you’re likely to miss work. You have the right to demand compensation for your lost earnings.
  • Future Earnings Are Lost: You may be unable to return to work if your cycle injuries result in a permanent disability. Your settlement should compensate you for the loss of future earnings that you would have been able to make if you hadn’t been hurt.
  • Suffering and Pain: It can be tough to enjoy life in the same way after a bicycle accident. It’s possible that you won’t be able to pick up your children, participate in active activities, or even attend parties.

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Choosing the Right Bicycle Accident Lawyer

When you’re choosing a bicycle lawyer in Arizona or Utah, you want to make sure you pick the perfect one to handle your case to get you the right compensation you deserve. Several factors should guide your decision including:

Experience: Look for a lawyer with experience in handling bicycle accident cases. They should have a thorough understanding of your state’s traffic laws, insurance policies, and the complexities surrounding bicycle accidents.

Ask Your Lawyer: How do you investigate, negotiate with insurance companies, and prepare for trial if necessary?

Success Rate: While past results don’t guarantee future outcomes, a lawyer with a track record of success in similar cases is likely to provide effective representation. Review their case history and settlements to gauge their proficiency.

Ask Your Lawyer: How many cases have you handled, and what were the outcomes?

Approach to Client Care: A compassionate and attentive approach to client care is crucial during what can be a challenging time. Your lawyer should communicate, address your concerns promptly, and involve you in decision-making processes.

Ask Your Lawyer:  Will I have direct access to the lawyer handling my case?

Frequently Asked Questions 

Is it possible for cyclists to ride side by side on the road?

Cyclists may ride alongside cars on the road under specific circumstances:

– When matching the speed of traffic.
– When overtaking a vehicle or another cyclist heading in the same direction.
– When preparing for a left turn.
– When shifting to the center or left side of the lane to evade a hazard.
– When the lane’s width doesn’t allow safe side-by-side passage for both a bicycle and a vehicle.

What is the 3-foot guideline for passing cyclists by motorists?

When a motor vehicle driver passes a bike in the same direction, they must leave 3 feet of space between the car and the bike. This rule allows a safe enough distance between the driver and cyclist when the driver is trying to pass or overtake a bicycle on the road.

How does a bicyclist go across a crosswalk?

Some cities in Arizona such as Tucson prohibit bicycles on sidewalks, which would require cyclists to ride on the road and must follow traffic laws under A.R.S. §28-812. However, sidewalks are not roads and do not follow the same rules or laws. Motor vehicle drivers must yield to bicyclists on sidewalks and crosswalks.

How does bicycle accident compensation work?

Bicycle accident victims can file legal claims against the at-fault party or parties to compensate for economic and non-economic damages including medical bills, lost wages, lost earning potential, and pain and suffering.

What is the statute of limitations for bike accident claims?

Bike accident claims can be filed within two years of the incident, if you file after the statute of limitations, the court may dismiss your case.

Do bicycle riders need to obey stop signs and stop lights?

Yes. Cyclists, pedestrians, and cars must follow and obey stop signs and stop lights.

Talk With an Experienced Bicycle Accident Lawyer in Arizona & Utah

If you need legal representation for a bicycle accident in Arizona or Utah, call Esquire Law—our expert injury lawyers are equipped with the experience and expertise to get your fair compensation. Contact us today for a free consultation and let us fight for you.