If you were involved in a bicycle accident, it’s critical to comprehend your legal rights because you may be able to file a claim for compensation. This is especially true if the accident was brought on by a reckless driver, bad road design, or carelessness on the part of other people or organizations.
However, you may also bring a compensation claim if you were partly responsible for the accident. The procedures and compensation for that will depend on the level of your involvement.
Many bicyclists sustain injuries in accidents in America each year. Claiming compensation can help you pay your medical bills and make up for lost earnings. To learn about your legal rights following such an accident, you should consult a bicycle accident lawyer who will guide you through the insurance claim process.
What to Do if You Are Partly Responsible for the Bicycle Accident?
Contributory/comparative negligence is the term used to describe the situation in which the victim is somewhat at fault in a bicycle accident. This means that the injuries sustained by the cyclist were caused in part by their acts or inactions.
In cases where a rider bears partial fault, their losses will be lowered by a certain percentage. This percentage reflects the amount of responsibility in the accident.
It should be noted that a cyclist may still pursue legal action in cases where other people/causes contributed to the collision. That is why, after an accident, it is good to consult a knowledgeable personal injury lawyer. They can assess your degree of liability and discuss your options for obtaining the compensation you are entitled to.
Situations Where You Are Liable for a Bicycle Accident
You might be wondering how bicyclists could be held partially accountable. The court may conclude that this is the case in specific circumstances.
The same traffic laws that apply to other vehicles also apply to cyclists. Even though you are riding a bicycle and someone else is driving a car, you still need to follow the rules.
If the cyclist doesn’t employ the correct hand signals before the accident, the insurance company will take it into account because, just like in other vehicle accidents, there is a duty of care owed by both parties in these situations.
Legal Options Following a Bicycle Accident
Compensation from the At-Fault Driver
Should a motorist be at fault for your bicycle accident, you can file a lawsuit against them, and you would typically be interacting with their insurance provider. The insurance company may propose an out-of-court settlement, in which case you would typically forfeit all further legal rights and get a flat sum payment.
Alternatively, you might bring a lawsuit, appear in court, support your claims, and be awarded whatever amount the judge deems suitable for you.
Compensation from the Employer of the At-Fault Driver
Vicarious responsibility is a legal theory that enables you to sue a driver’s employer if you were injured by them while they were carrying out job-related duties. When carrying out such responsibilities, workers are considered agents of their employers, and regardless of whether the action was negligent or not, the employer is liable for any damages caused by the employee.
Conclusion
After a bicycle accident, it is advisable to speak with anexperienced lawyer as soon as possible. They can examine your case and inform you if you have a claim against the other motorist.
Even if you share part of the blame, you can still file a lawsuit and receive compensation, depending on the level of your fault. A lawyer will provide insightful legal counsel that will assist you, weigh your choices, and address any inquiries you may have concerning the legal system
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