As a kid, one of the first things we are eager to learn is how to ride a bike. It was our first sense of freedom as we cruised through our neighborhoods. Many adults still enjoy bicycling and do it for all sorts of reasons, including exercise and green transport to work. Ideally, going out for a leisurely bike ride should never end in an accident due to the negligence of another person, but a bicycle accident can always happen whenever you take your bike out for a spin.
If you or a loved one has been injured or killed in a bicycle accident, it’s time to call Phillips Law Group. We do not settle for anything less than what you deserve, and you have a right to be compensated for your painful injuries, time off work, and other damages incurred as a result of someone else’s negligence.
Given how much more likely a bicyclist is to suffer serious injuries in a wreck compared to anyone inside a motor vehicle, you would be forgiven for assuming that motor vehicle drivers who strike and injure bicyclists are automatically considered liable for damages suffered by those bicyclists. In reality, though, bike accident victims in Phoenix, AZ have the same burden of proof as any other personal injury plaintiff, so their ability to obtain financial restitution will generally depend on whether they can prove someone else directly at fault for injuring them through a specific reckless, careless, and/or illegal act.
That said, it is possible for someone to hold indirect civil liability for a bicycling injury even if they were not directly involved in the accident which caused that injury. For instance, if a wreck stems partially or primarily from an unexpected malfunction in a bicycle component, a bike mechanic or manufacturer may hold civil liability for failing to identify and fix that faulty part. Likewise, if a wreck occurs partly due to a serious defect in a public road or bike path, a skilled attorney may be able to help file suit against a local government body over their failure to maintain public infrastructure in good condition.
Regardless of who specifically holds civil fault for a bike wreck, a rider injured in that wreck can demand compensation from all at-fault parties for all “compensable damages” they will ever experience because of their injuries. This can include but is not strictly limited to things like:
Arizona courts technically have the authority to impose punitive damages against personal injury defendants in addition to holding them liable for compensable losses, but courts only invoke that authority in rare situations involving extremely egregious negligence or, more often, intentional and malicious actions. Punitive damages are also usually subject to an informal cap based on the total amount of money an injured plaintiff receives for their compensatory damages. A Phoenix, Arizona bicycle accident attorney can help someone understand what they could be eligible to receive.
Something else courts can do when overseeing bicycle accident claims—and which insurance companies may do as well, knowing a court will support them if needed—is assign a percentage of “comparative fault” to an injured person. This represents the degree to which that person contributed to causing their own accident through their own negligent behavior, and in accordance with Arizona Revised Statutes §12-2505, it can be held against you as a proportional reduction from the value of your final damage award or settlement offer.
Support from a seasoned bicycle injury lawyer in Phoenix, AZ can be vital to proactively pushing back against accusations of comparative fault made by defendants named in bicycle crash lawsuits. In addition, legal counsel can play a key role in helping an injured bicyclist build and formally file the strongest possible claim within the applicable filing deadline, which—as per A.R.S. §12-542—typically falls two years after the date on which the bicyclist’s accident actually occurred.
According to the Centers for Disease Control and Prevention, “nearly 1,000 bicyclists die and over 130,000 are injured in crashes that occur on roads in the United States every year.”
Meanwhile, the Arizona DOT reported 1,279 bike accidents in recent years.
Causes of these incidents can include, debris on the road, obstructions, neglected roads and sidewalks, dog attacks, and negligence by other motorists.
If you have been injured in a bicycle accident, you can be compensated for your injuries. Phillips Law Group is here to help you get the money you deserve. Give us a call today to begin working with a dedicated Phoenix, AZ bicycle accident lawyer.
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