When bicyclists are struck by motor vehicles, the injuries and damages can be life-changing. If you have suffered debilitating injuries after being hit by a car, and you do not know where to turn for help, do not hesitate to contact a dedicated Southaven personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi, PLC.
With our firm advocating for your rights, you do not need to worry about going up against the at-fault party alone. Schedule a free consultation today to learn more about what you can expect from the bicycle accident claims process and how much your damages could be worth.
Common Bike Accident Injuries
Bicycle accident injuries can take many forms. You may not always be sure whether you have the right to move forward with your bicycle accident claim. However, instead of considering the type of bicycle accident injury you suffered, consider the impact your bicycle accident injuries have had on your life.
If you are finding it difficult to live your life normally, complete daily living tasks, enjoy relationships with family and friends, earn a living, or cope emotionally, you may have grounds for legal action. Examples of bicycle accident injury as you may be able to sue for in Southaven include:
- Head injuries
- Concussion
- Hematoma
- Penetrating brain injuries
- Traumatic brain injuries
- Spinal cord injuries
- Back injury
- Herniated discs
- Whiplash
- Road rash
- Paralysis
- Loss of limbs
- Third-degree burns
- Broken and fractured bones
- Organ failure and internal bleeding
This is not an exhaustive list of the types of injuries you can file a claim for after a bicycle accident in Southaven. If you were diagnosed with another type of injury or have experienced considerable losses as a result of your involvement in a bicycle accident, be sure to contact our office to find out which legal options are best suited for your case.
Causes of Bicycle Accidents and Who to Sue
The way in which your injuries occurred will give your bicycle accident attorney in Southaven, MS a better understanding of who is responsible for causing your injuries. For example, many bicycle accidents occur when a bicyclist is struck by a vehicle. You might assume the driver who hit you is responsible.
They may be if they were engaging in any type of unsafe driving. Negligent driving can take several forms, some of which could include:
- Driving over the speed limit
- Driving while fatigued
- Distracted driving
- Drunk or drugged driving
- Failure to yield or stop
- Making illegal turns
- Failure to use a turn signal
- Aggressive driving and road rage
However, bicycle accidents can also occur when the road conditions are hazardous or there are parts on the vehicle that hit you that were defective or malfunctioned at the time of the accident. If this happens, there are still more parties who could share liability for your damages. Some examples of these parties include:
- Government agencies
- Safety inspectors
- Vehicle technicians
- Auto parts designers
- Auto parts distributor
- Auto parts retailers
- Dealerships
- Construction workers
You can be sure your bicycle accident attorney will thoroughly investigate the circumstances of your case to not only reveal the cause of your injuries but who is responsible for compensating you for your damages.
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How Shared Fault Could Affect Your Compensation
Do not be surprised if the liable party attempts to blame you for causing your injuries. If they can successfully argue that you are partially at fault for your damages, they may be able to get away with reducing it. This is, in part, because of the fact that Mississippi is a pure comparative negligence state.
Here, it does not matter that you are partially responsible for causing your injuries. You still have a right to compensation for your damages. However, your portion of liability will be taken into consideration as the court system determines how much you should be awarded.
For example, if you were not wearing a bicycle helmet at the time of your accident, the defendant may argue that you are partially responsible for the injuries you sustained. If the judge agrees, they might find you 10% responsible for your injuries. If the jury awarded you a sum of $2 million for your damages, and be reduced by 10% to account for your portion of the liability.
This means your $2 million settlement would be reduced by 10%, leaving you with a final bicycle accident settlement valued at $1,800,000. Sharing liability for your bicycle accident damages can significantly impact the amount of compensation you’re awarded. For this reason, it is essential to insure your bicycle accident lawyer in Southaven, MS is by your side, accurately evaluating fault in your case.
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How the Bicycle Accident Claims Process Works
After being involved in a bicycle accident, you may be hesitant to move forward with your claim. However, once you understand how the claims process works, you may feel empowered and confident and your decision to move forward with your lawsuit.
With that in mind, here is a general idea of how the bicycle accident claims process works in Southaven:
- Your bicycle accident attorney in Southaven investigates the cause of your bicycle accident.
- We gather compelling evidence to prove negligence and liability for your damages.
- Your attorney identifies witnesses and hires experts to testify in your case.
- We go over your damages to ensure you are seeking maximum compensation for your suffering.
- We determine whether you have the right to file an insurance claim, and if so, which one.
- Your attorney acts as your liaison with the insurance company, negotiating for a fair and reasonable bicycle accident settlement.
- In the event a bicycle accident insurance settlement does not adequately meet your needs, your attorney prepares to bring your bicycle accident case to trial.
- In court, your bicycle accident lawyer will advocate for the total recovery of your damages to ensure you are compensated for every loss.
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Get Help from a Southaven Bicycle Accident Lawyer in Today
The last thing you may want to do is file an insurance claim and civil lawsuit after the physical, emotional, and financial trauma you have endured. However, holding the at-fault party accountable is essential if you are going to recover the compensation and benefits you are entitled to.
Find out how you can make them pay for their negligence when you contact an experienced Southaven bicycle accident attorney at Gatti, Keltner, Bienvenu & Montesi, PLC. Reach us by phone or through our convenient contact form to schedule your free consultation as soon as today.