Bicyclists are always at risk of being struck by a negligent motorist, but most never think it will happen to them. If you or someone you love has had the misfortune of getting hit by a careless driver, contact The Seva Firm for a free consultation. A Detroit bicycle accident attorney can review your case for free to determine if you may be entitled to compensation.
You can reach us at (833) 738-2529 to set up a case review. If we don’t win, you won’t owe any fees.
The Rights of Bicyclists
As a cyclist, you have certain rights that will come into play if you are involved in an accident. One of your rights is to bring a claim for damages if you are injured by a negligent driver in Detroit.
After your accident, you should seek medical attention promptly and focus on recovering from your injuries. This may require you to take time off work in order to mitigate damages. If your claim is successful, you could be entitled to compensation for lost income, medical costs, and other damages.
Liability in a Detroit Bicycle Accident
Liability is one of the most important concepts to understand if you are bringing a personal injury claim. This term refers to “legal responsibility,” and it must be established in order to obtain compensation in a third-party liability claim.
A driver may be considered negligent and therefore liable for a bicyclist’s injuries if the driver is found to have engaged in any of the following behaviors, and said behavior was a proximate cause of the injuries:
- Failing to yield. In many scenarios, drivers are required to yield to bicyclists. Failing to do so could be considered negligent.
- Hitting a cyclist with a door. Motor-vehicle drivers and passengers who are not paying attention can hit cyclists when they open their doors.
- Striking a cyclist from behind. Drunk and distracted drivers who fail to maintain enough distance and strike the cyclist from behind could be liable for the resulting injuries.
- Striking a cyclist while making a right turn. When drivers turn right, they need to make sure a cyclist or pedestrian is not going to enter their path. Failure to do so can lead to devastating injuries.
- Weaving through traffic. Aggressive drivers who weave through traffic are less likely to notice the presence of cyclists. They can merge in and out of bike lanes and potentially hurt cyclists.
Common Reasons Insurers Dispute Bike Injury Claims
Seeking the guidance of a Detroit bicycle accident attorney will help prepare you for any tactics the insurance company may use to challenge your case. Our lawyers are familiar with the strategies used by insurers to deny and undervalue claims.
Let’s take a look at the different reasons insurance companies use to minimize their liability:
Disputes Over Fault
Insurance companies can challenge your accident claim by asserting that their policyholder was not the at-fault party. A Detroit bicycle accident lawyer can refute this strategy by gathering all documents and evidence that prove that your injuries resulted from the driver’s negligence.
Disputes Over the Extent of Your Injuries
Another common strategy is questioning the extent of your injuries. This is why you need to visit a doctor right away and follow their directives.
Disputes Over Mitigation of Damages
If you behave in any way that exacerbates your injuries or prolongs your recovery, the insurer may refuse to cover all your damages. This again is why you should follow the advice of your healthcare providers exactly, even if that means living a sedentary lifestyle and taking off work for a period of time.
Speak to a Detroit Bicycle Accident Attorney Today
If you were struck by a driver while riding your bike, you deserve to work with a Detroit bicycle accident attorney who will fight for you. Our bike injury lawyers are ready to help you fight for the compensation that you deserve. Call our office at (833) 738-2529, or fill out our contact form to schedule a free consultation.