Most bike accidents are the result of driver inattention or the latent hostility drivers often have towards bike riders. Many injury lawyers reject bike accident cases, however, we take all bike accident cases and routinely have several ongoing bike accident injury cases that other lawyers were not interested in because they fail to understand the legal issues involved or simply do not see the car or truck driver's negligence from a bicyclists point of view.
Important issues unique to bike accident cases:
1. Many lawyers, witnesses, insurance adjusters, and, most importantly, jurors have an initial dislike of bicyclists that must be overcome quickly to guarantee a favorable result of the injury case.
Many people that will be involved in the case carry these prejudices with them, particularly a dislike for bicyclists because we use the roads too. Many injury lawyers do not understand this prejudice or carry it themselves. I have seen this first hand and it it cripples a client's claim.
I currently have several cases that other lawyers dropped, and for the life of me, I cannot figure out why, because there is clear liability on the driver and a significant injury to the cyclist.
Passionate and dedicated pursuit of these cases is a requisite for success. An understanding of a cyclist's perspective, which I have, is crucial to understanding all the issues that need to be addressed not only legally but with witnesses and jurors so they will empathize with the cyclist and understand the wrong perpetrated on them.
2. Bike accident witnesses need to be contacted early on and clear conveyance of the facts to the police officer is necessary.
Due to the latent dislike of cyclists described above, police reports are often written up as favorable to the driver or neutral as to fault; even when witness accounts clearly put liability of the car driver. Clear conveyance of the facts to the reporting officer early often allows the case to proceed smoother. Additionally, commitment from the witnesses that saw the bike accident is important as memories fade.
Additionally, the bike accident reporting officer did not include the eye witness' statement and failed to even include him on the report. Several lawyers declined to take the case, I took the case and through investigation tracked down the witness who supported our client's version of the accident and exposed the driver's lies.
I am an experienced injury lawyer that regularly handles bike accident injury cases. The proof is in the results; several cases that other lawyers dropped or got small offers on then I proceeded to make all of them a successful case.
Common causes of bike accidents and cars striking cyclists:
In cases we handle, the most common cause of a car or truck accident with a cyclist is the driver's inattention or even purposeful failure to yield the the bicyclists right of way. Also, many bike accidents occur because the car and truck drivers do not respect the cyclists legal rights and feel they are hogging the road or have no right to be there.
Most cases are sideswipes knocking the cyclist off the roadway and sometimes into another object. Failure to yield at crosswalks and broadsiding a crossing cyclist common as well.
Based on my experience and love of the sport, I passionately represent clients who have suffered personal injuries from bicycle accidents, or who may be a survivor of a cyclist killed in a road accident as a result of the reckless or negligent conduct of another person.
Bicycle accidents present different issues than other injury type cases. Liability is almost always clearly on the operator of the motor vehicle; however, jury selection and attention to the bias against cyclists sharing the road must be addressed to guarantee a fair trial.
Injuries suffered as the result of a bicycle accident are almost always severe and require aggressive representation by a lawyer that understands the view and rights of cyclists.
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