Collisions between bicycles and motor vehicles can cause severe injuries and even death. When the motorist was negligent, an injured cyclist or their survivors could seek compensation.
Contact a Tolleson bicycle accident lawyer for help holding the responsible driver accountable. Our team could also investigate an incident to determine whether parties besides the driver might be partially liable for the event.
A driver’s inattentiveness or carelessness leads to most accidents. A motorist might not notice a cyclist if they are using their phone, conversing with passengers, trying to eat or do their makeup, or otherwise distracted. Some drivers hit cyclists because they are impaired by alcohol or drugs. Common situations that can lead to bicycle accidents include when a motorist;
If a motorist receives a citation in connection with the accident, the ticket is evidence of negligence which triggers liability for the cyclist’s losses.
A Tolleson attorney could investigate a crash to determine how it happened. The police report, witness statements, and accident scene photographs can provide valuable information. Footage from an involved vehicle’s dashcam, cyclist’s helmet-mounted camera, or neighbors’ doorbell and surveillance video could also provide information about the accident. The legal professional could also subpoena a driver’s cell phone records or other evidence when it could be useful.
A negligent driver must pay compensation when they cause an accident that leads to injuries or death. The driver’s insurance usually pays up to the policy’s coverage limits, and the driver is personally liable for any losses that exceed the limit. When injuries and losses are severe enough, a Tolleson attorney could investigate whether others might have liability for the bike crash. Depending on the circumstances of the accident, potentially responsible parties could include vehicle manufacturers, property managers or homeowners’ associations, a bar or restaurant if the driver was drunk, and the local government responsible for road design and maintenance.
Injured people are entitled to reimbursement for their damaged or destroyed property, medical costs, lost income, and incidental expenses. They should also receive compensation for their emotional trauma, physical pain, inconvenience, embarrassment, disability, disfigurement, lost enjoyment of life, and loss of companionship and consortium.
A cyclist could receive reduced damages when they are partially responsible for an accident or for the severity of their injuries. Arizona Revised Statutes § 12-2505 requires a judge or jury to reduce an injured person’s total compensation by a percentage equal to their degree of responsibility.
When a young child gets hurt, calculating damages can be challenging. Children often heal quickly and completely from injuries like road rash and broken bones, although the psychological trauma of being hit by a car might linger. When a child suffers more severe injuries like disfiguring facial wounds, spinal cord damage, or a traumatic brain injury, they are entitled to compensation for the injuries’ long-term impact. Making a reasonable estimate of the child’s damages could require input from medical experts, educational specialists, and others.
Children cannot bring lawsuits until they turn 18, and waiting to sue is unwise. Parents or guardians can bring a lawsuit on their child’s behalf within two years of the incident and should consult a Tolleson attorney immediately to build the most robust bike accident case. If the lawsuit settles, a court must approve the settlement to ensure it is in the child’s best interests. The money becomes available to the child when they turn 18, although parents may access funds with the court’s permission when the child requires extraordinary care.
Bicycle accidents can cause significant injuries and lead to substantial inconvenience. You deserve compensation for your losses.
A Tolleson bicycle accident lawyer could identify all the parties with responsibility for the accident and hold them liable for your damages. Speak to a knowledgeable attorney from the Phillips Law Group now to get started. Our team has over three decades of experience helping locals navigate complex legal issues and is not afraid to stand up for your rights in and outside of the courtroom.
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