Even if you wear a helmet, follow every applicable traffic law, and pay attention to your surroundings at all times, you still may be at high risk of getting seriously hurt if you end up in an accident while riding your bike. This is especially true if, as is all too often the case, your crash stems primarily from negligence by a motor vehicle driver and involves a multi-ton car or truck hitting you.
In situations like this and many others, guidance from a knowledgeable Glendale bicycle accident lawyer can be key to understanding and then effectively enforcing your right to demand civil compensation for harm someone else has caused you. With a seasoned personal injury attorney on your side, you will have far better chances of securing a favorable outcome from your lawsuit or settlement demand than you would likely have filing on your own.
How Fault Works in Bicycle Accident Claims
In general, legal liability for injuries stemming from a bicycle accident falls on whoever directly contributed to causing that accident through their own reckless or careless violation of a “duty of care” they owed to the bicyclist.
This means that in addition to motor vehicle drivers who collide with bicyclists after violating traffic laws or getting distracted behind the wheel, it may also or alternatively be possible to file suit against a third party whose misconduct indirectly played a role in causing a bicycle crash. This might include a manufacturer who produced defective bike components, or a municipal authority that did not keep bike lanes in reasonably safe condition.
Along the same lines, however, an injured bicyclist can be found partly to blame for their own injuries in a wreck if they too were “negligent” in some way leading up to it. As a Glendale bicycle accident attorney could further explain, allegations of irresponsible behavior like not following right-of-way rules or even not wearing a helmet could be considered “comparative fault” and — in accordance with Arizona Revised Statutes § 12-2505 — held against an injured bicyclist in court as a proportional reduction from their final damage award.
What Damages Could Be Recoverable After a Bike Crash?
Assuming no issues with comparative negligence as described above, a bicyclist injured due to the negligence of another person can demand restitution for the full value of economic and non-economic damages stemming from their accident, including both past and future losses like:
- Medical expenses
- Physical pain and suffering
- Lost enjoyment/quality of life
- Emotional and psychological distress
- Lost working capacity and/or short-term income and benefits
- Bike repair/replacement and other costs related to personal property damage
While rare, it is also possible for a court to impose additional “punitive damages” against any person found to have caused a bicycle accident either deliberately or through egregious negligence which was extremely likely to cause someone else harm.
A qualified lawyer from our firm could offer more specific guidance during a private initial meeting about what damages might be compensable in a particular bike accident claim in Glendale. Additionally, if settlement negotiations do not go as expected, our team is not afraid to take matters to court to maximize potential compensation.
Talk to a Glendale Bicycle Accident Attorney Today
As a bicyclist, you have all the same responsibilities and rights while riding on most public roads as anyone behind the wheel of a motor vehicle. Accordingly, any driver — or anyone else owing you a “duty of care” — who directly causes you to get hurt in a wreck through their own irresponsible or wrongful actions may hold civil liability for every form of harm you experience because of that accident.
Getting paid what you deserve after an incident like this can be far from simple, especially if you try to file your claim alone. Call Phillips Law Group today to discuss your options with a Glendale bicycle accident lawyer who has been helping the local community for the last three decades. We offer a free, no-obligation consultation to discuss your potential case, and a member of our team would be happy to talk you through your options. Call our firm today to learn more!
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