Posted in Uncategorized
Similar to an accident between two cars, authorities and the motorist’s insurance company investigate who most likely caused the crash. A common vehicle-bicycle accident occurs when a motorist makes a left turn at an intersection and fails to check for the cyclist coming through the intersection with the right-of-way. “Dooring” is also an unfortunately common occurrence, and it involves a cyclist who crashes into parked-vehicle doors suddenly opened.
When injured in a bicycle accident, it is important to call the authorities right away and let the police investigate and make a report. The police report identifies the witnesses at the scene, and officers typically take witness statements and draw crash diagrams.
Because Arizona recognizes the Pure Comparative Fault Rule, recovery of damages is based upon the individual’s degree of fault. Witness statements and the official investigation is paramount in determining the percentage of fault from each party. Negotiations with the motorist’s insurance company will also focus on which party was negligent in the accident, and to what degree.
Bicycle Accidents Caused By Road Hazards
Road hazards can prove devastating for a cyclist. Even a small variation in road conditions can cause serious injury, neck trauma, or even death. If a cyclist suffered a fall due to a road hazard, it is possible to hold the city, county, or state responsible (if the accident occurred on a public roadway).
Pothole accidents are the most common, and a government entity should be responsible for fixing potholes or providing sufficient warning. Public agencies do have a duty in the United States to provide safe roadways, and dangerous sewer grates or badly placed rail or trolley tracks (tracks that run in the direction of traffic or cross on a curve, for example) are not acceptable and safe road conditions.
How to Know if You have a Claim
Immediately following an accident with a car, the bicyclist’s first goal should be to make sure that he/she gets necessary medical help. If a cyclist does not require an ambulance, simply wait until the police arrive at the scene and investigate. Even if not immediately injured, get the police involved, as some cyclists don’t realize they’re injured until hours after the accident. Also, it is important not to negotiate with the driver. Instead, get a statement into the official accident report.
Also, and this is important for making a claim later, gather contact information from the automobile driver as well as any bystanders, and document the crash, injuries, clothing, the bicycle, medical bills and reports, and anything else. Preserve the evidence surrounding the accident as much as possible.
A personal injury attorney experienced in bicycle accidents can advise cyclists on how they should proceed after the accident, and it is crucial to consult with legal counsel as soon as possible so that negotiations with the motorist’s insurance company can begin. Counsel from an attorney can also help cyclists gather and preserve evidence in case the negotiations do not reach a suitable agreement and the parties are forced to take the claim to civil court.
If you feel you have a bicycle accident lawsuit, we invite you to give us a call at (480) 502-0708 or send us a message for a free initial consultation.
