5 Signs Your Bike Injury Is Lawsuit-Worthy
Although many consider biking to be a safer mode of transport than driving, bike accidents can and do result in serious injuries and sometimes even deaths.
Like injuries sustained in automobile accidents, damages from injuries suffered in a bike accident may be recovered through a personal injury lawsuit.
But how do you know when your bike accident is lawsuit-worthy? Here are five signs:
- The other party has been charged with a crime. In accidents where the defendant has been charged with a crime, negligence may be presumed if it's proven that the defendant violated a criminal statute that was meant to prevent the type of injury that was suffered by the plaintiff.
- You were hospitalized. If your injuries required hospitalization, you likely have sufficient damages for a personal injury lawsuit. Just make sure you keep a copy of all your records and bills.
- A child cyclist was involved. In bike accidents involving children cyclists and motorists, drivers may be held to a higher standard of care and precaution, making it easier to prove that the driver's conduct fell below that standard.
- Your expensive bike is totaled. Even if your injuries do not require serious medical treatment, if your expensive bike is totaled you may be able to recover for your property loss. One option for these types of lawsuits is small claims court, where parties represent themselves in disputes involving relatively small amounts of money. The maximum amount of a claim in small claims court varies by state, from as high as $12,000 in some states to as low as $3,000 in others.
- You took all the proper precautions. If you were following the rules of the road and took the proper safety precautions but were still injured because of the negligence of another person, you will likely have a solid personal injury lawsuit. However, even if you were partially responsible for causing your own injuries through negligence of your own, you may still recover in most states for the percentage of your damages caused by another party through the legal theory of comparative negligence.
Learn more about lawsuits involving bike and automobile accidents at FindLaw's section on Accidents and Injuries.