You enjoy riding your bicycle. However, one day, a motorist crashes their car into you as you are traveling on your bike. Following the incident, seek legal help. Have a Fairfax bicycle accident lawyer review your case. Your attorney may find that you have grounds for pursuing compensatory damages from the motorist liable for your accident and injuries.
MartinWren, P.C., has provided legal services and support to thousands of clients, including many who’ve been injured in cycling accidents. Trust a Fairfax personal injury lawyer to get you money from anyone liable for your bike collision. For more information, schedule a free case consultation with us.
Don’t Take Responsibility for a Bike Accident Caused by Someone Else
Initially, your cycling accident might not seem like a big deal. Yet, if you try to “walk it off” after your accident, you could put yourself in danger. This is due to the hidden pain and unseen injuries from bicycle accidents that some cyclists don’t notice until days later.
After your bike accident, go to a doctor and receive a medical evaluation. In the days that follow, talk with a Fairfax bicycle accident attorney. At this time, your lawyer can investigate your accident. If someone else is liable, your attorney may advise you to proceed with an insurance claim or personal injury lawsuit.
MartinWren, P.C., has recovered millions of dollars in compensation for our clients in personal injury cases. We can provide you with FAQs and other resources relating to cycling accidents. If you want to file a bike collision claim or lawsuit, we’re here to help. Contact us today to learn more.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
When to File a Fairfax Bicycle Accident Claim
Speak with a bicycle accident lawyer in Fairfax if you’re debating whether to file a claim. Your attorney can teach you about the statute of limitations relative to your cycling accident. Per the Code of Virginia § 8.01-243, you generally have two years from the date of a bike accident to ask any responsible parties for compensation for any losses you incur from this incident.
Your personal injury attorney remains on your side throughout the insurance claims process. Ideally, this process is seamless. Unfortunately, insurance companies often delay claims for cyclists. The insurer of the party liable for your bike collision may offer a lowball settlement or dispute your claim. Regardless, your lawyer handles your insurance settlement negotiations.
In your bike crash case, your lawyer’s focus is on getting you a verdict or settlement that matches your expectations. They will let you know if an at-fault party’s insurer offers a settlement. If you don’t get a reasonable settlement offer, there’s no need to stress. Depending on the situation, your lawyer can go to trial and argue your case to a judge or jury.
How a Bike Accident Case Can Be Resolved Through a Trial
Most bike collision cases are settled outside of court. Yet, if insurance settlement negotiations go nowhere, you have the option of presenting your case in court. Leading up to your trial, your lawyer can explain what your court proceedings will entail.
Your lawyer knows all about your personal injury case and how the defendant will dispute their argument. Thus, they may gather an abundance of evidence to support your case. Your attorney may utilize accident scene photos, traffic camera footage of your bike crash, a police report, and other proof to strengthen their argument.
Meanwhile, your attorney emphasizes negligence as they discuss why you should be awarded compensatory damages. They want to make it clear to a judge or jury that you’re in no way to blame for your bicycle accident and that a liable party should have to compensate you for the harm that you’ve suffered.
Fairfax Bicycle Accident Lawyer Near Me (434) 817-3100
What It Takes to Prove Negligence in a Bike Collision Case
You can say that a party is at fault for your cycling accident. In spite of this, it is your responsibility to compel the court to rule in your favor. Your lawyer can prepare an argument centered on negligence. To do so, they want to make sure that their argument focuses on the following elements of negligence:
- Duty of Care: This is a legal obligation that one party has to another to avoid any acts of carelessness or recklessness. For example, a motorist has an obligation not to engage in distracted driving or similar acts that can put cyclists in danger.
- Breach of Duty of Care: When someone violates their duty of care, they can harm cyclists and others.
- Causation: Your attorney can highlight how a duty of care was breached, resulting in your accident while you were riding your bike.
- Damages: Your lawyer can provide the court with insights into your losses and how your accident is affecting you financially.
Your attorney will account for contributory negligence as well. In Virginia, contributory negligence applies to personal injury cases. With this, if you’re found to be even 1% liable for your cycling accident, you may be ineligible to get damages.
Who Can Be Held Liable for a Bike Accident
The party responsible for your cycling collision varies based on who was involved and what happened. Your bike accident attorney can look at traffic camera footage of your accident, interview witnesses, and take other steps to investigate. They may find that any of these parties is liable:
- Driver
- Bike manufacturer
- Government entity
No matter who’s at fault for your cycling accident, your lawyer wants you to prioritize your recovery in the aftermath of this incident. As you treat your accident injuries, your lawyer can craft an argument designed to show a judge or jury that your case is valid.
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Get the Legal Help That You Need to Rebuild Your Life After Your Cycling Accident
At MartinWren, P.C., we work tirelessly to help bike accident victims. Our team can evaluate your cycling crash case and detail your legal options. Allow a bicycle accident attorney in Fairfax from our team to assess your case. To get started, request a free case consultation with us.
Call (434) 817-3100 or complete a Case Evaluation form
