Bicyclists have the same rights as drivers, yet they often face serious risks on the road. If you or a family member 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.
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.
- Helmet laws and liability. Wearing a helmet can affect 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
What to do after a bicycle accident
- 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
The legal process for bicycle accident claims
- Case evaluation. An attorney reviews your accident details, medical records, and other evidence to determine the strength of your case
- Investigation and evidence gathering. This includes obtaining police reports, surveillance footage, medical records, and witness statements
- Filing a claim. A claim is submitted to the at-fault party’s insurance company, outlining the damages you are seeking
- Negotiation with insurance companies. Insurance companies often try to settle for less than you deserve. Your attorney handles negotiations to pursue fair compensation
- Litigation, if necessary. If a fair settlement cannot be reached, the case may go to court
No payment unless we win your case
At Gagliano Law, PLLC, we handle bicycle accident cases on a contingency basis. This means you pay nothing unless we secure compensation for you.
Why it is important to act quickly
Each state has a statute of limitations, which is the deadline for filing a lawsuit. If you miss this deadline, you may lose your right to compensation. Additionally, evidence such as surveillance footage and witness memories can fade over time.
Frequently asked questions
How long do I have to file a claim after a bicycle accident?
The time limit varies by state. Some states allow only one or two years from the date of the accident.
Can I file a claim if the driver left the scene?
Yes. If the driver cannot be identified, you may be able to file a claim under your uninsured motorist coverage.
What types of compensation can I recover?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other losses related to the accident.
Will my case go to court?
Most cases settle outside of court. However, if a fair settlement is not reached, your attorney may take the case to trial.
Get legal help for your bicycle accident claim
Contact us today to discuss your case.
