
Bicycle Accidents and Personal Injury Law
Bicyclists have the same rights as drivers, yet they often face serious risks on the road. If you or a loved one has been injured in a bicycle accident due to a negligent driver, poor road conditions, or another party’s carelessness, you may be entitled to compensation. Gagliano Law, PLLC, helps injured cyclists seek the compensation they deserve, ensuring they understand their rights and the legal process ahead.
Understanding Your Rights After a Bicycle Accident
Bicycle accident victims have legal rights that vary depending on state laws. Generally, cyclists injured due to someone else’s negligence may recover compensation for medical bills, lost wages, pain and suffering, and other damages.
- Negligence laws differ by state – Some states follow comparative negligence, where your compensation may be reduced if you are partially at fault. Others use contributory negligence, which may limit your ability to recover damages if you are found to share any fault.
- Helmet laws and liability – Wearing a helmet can impact injury severity, but in most cases, not wearing one does not prevent a claim.
- Hit-and-run cases – If the driver who hit you leaves the scene, you may still have options, including uninsured motorist coverage claims.
Understanding these legal nuances can be overwhelming, but you don’t have to navigate them alone.
What to Do After a Bicycle Accident
Acting quickly after a bicycle accident is essential to protect both your health and your legal rights. Here are the critical steps to take:
- Seek medical attention – Even if you feel fine, injuries can surface later.
- Call the police – A police report provides an official record of the accident.
- Gather evidence – Take photos of your bike, injuries, the accident scene, and any vehicles involved.
- Get witness contact information – Statements from bystanders can help establish what happened.
- Avoid discussing fault – Do not admit fault or make assumptions about liability.
- Consult an attorney – An attorney can help determine the best course of action for seeking compensation.
The Legal Process for Bicycle Accident Claims
If you decide to pursue a personal injury claim, here’s what you can expect:
1. Case Evaluation
An attorney will review your accident details, medical records, and other evidence to determine the strength of your case.
2. Investigation and Evidence Gathering
This includes obtaining police reports, surveillance footage, medical records, and witness statements to build a strong claim.
3. Filing a Claim
A claim is submitted to the at-fault party’s insurance company, outlining the damages you are seeking.
4. Negotiation with Insurance Companies
Insurance companies often try to settle for less than you deserve. Your attorney will handle negotiations to pursue fair compensation.
5. Litigation (If Necessary)
If a fair settlement cannot be reached, the case may go to court, where evidence will be presented to secure a favorable verdict.
No Payment Unless We Win Your Case
Many people hesitate to seek legal help due to concerns about costs. At Gagliano Law, PLLC, we handle bicycle accident cases on a contingency basis. This means you pay nothing unless we secure compensation for you.