Do You Have a “Bicycle Accident Case” Or Not?
There are three basic steps in determining possible bicycle accident claims:
Here are some examples:
- A driver texting on his cell phone veers into the bike lake and strikes a bicyclist or causes the cyclist to take evasive maneuvers resulting in a crash into the guardrail or curb;
- A careless driver opens his/her car door without looking and “doors” a cyclist riding up from behind;
- A bicycle mechanic does a bad job installing or repairing a gear system; the gears lock at a crucial movement, precipitating a bad skid out;
- An Arizona municipality fails to mark a pothole caused by construction work and a bicyclist hits the pothole resulting in an accident
- The accident led to real costs and damage to you.
A bicycle accident can lead to obvious direct consequences, such as broken bones, lacerations, spinal fractures, head injuries, and damage to the bicycle. It can also lead to indirect and long-term consequences, such as lost productivity or time at work, expensive physical rehab, emotional trauma, loss of consortium, and loss of enjoyment of life. - The person or party has a way to compensate you.
Even if the person or party that caused the crash lacks insurance or assets that you can attach to, you might still be able to obtain compensation. For instance, maybe some other party (such as your own insurance) can compensate you, or perhaps you can seek compensation from another person or party that might have contributed. Take guidance from a professional and experienced bicycle accident lawyer for your case.
Common Bike Accident Injuries
Impact Injuries
- Broken Bones: Collisions often result in fractures, especially in arms, legs, collarbones, and ribs. These can require casts, surgery, and lengthy recovery times.
- Head and Neck Injuries: Helmets save lives, but even with one, concussions, whiplash, and facial injuries are common. These can lead to long-term cognitive or mobility issues.
- Road Rash and Lacerations: Pavement scrapes and cuts, though painful, typically heal well. However, deep wounds might require stitches and infection prevention.
- Sprains and Strains: Sudden falls or twists can damage muscles, ligaments, and tendons, causing pain, swelling, and limited movement.
Internal Injuries
- Organ Damage: Blunt force trauma can bruise or rupture internal organs, leading to life-threatening complications.
- Spinal Cord Injuries: Even minor bike crashes can cause spinal damage, resulting in paralysis or permanent nerve issues.
Remember: This isn’t an exhaustive list. Every accident is unique, and injuries can vary greatly.
Common Causes of Bicycle Accidents
1. Motorist Mayhem
- Distracted Driving: Drivers texting, talking on phones, or fiddling with GPS pose a major threat. Their negligence can leave you with severe injuries.
- Right-Hook Collisions: Turning drivers often fail to see cyclists, leading to devastating side-swipes.
- Doorings: Opening car doors without checking for cyclists can cause sudden swerves and falls.
2. Road Hazards
- Poor Road Maintenance: Uneven pavement, potholes, and debris can cause unexpected wobbles and falls.
- Missing or Inadequate Bike Lanes: Sharing lanes with cars increases the risk of accidents.
- Dangerous Intersections: Blinding turns and unclear traffic signals can lead to collisions.
3. Cyclist Error
- Speeding: Just like cars, exceeding safe speeds can lead to loss of control and accidents.
- Ignoring Traffic Laws: Running red lights or stop signs puts you and others at risk.
- Riding Under the Influence: Alcohol and drugs impair judgment and coordination, increasing crash risk.
4. Unexpected Encounters
- Animal Collisions: Dogs or other animals darting into the road can cause sudden swerves and falls.
- Mechanical Failure: Faulty brakes, tyres, or other components can lead to loss of control.
- Inclement Weather: Rain, wind, and poor visibility can make riding dangerous.
Remember, even if you share some blame, Arizona’s comparative negligence laws protect your right to compensation.
Call us today for a free consultation with our bicycle accident lawyer and get back on your bike, with peace of mind.
How Common Are Bicycle Accidents in Phoenix, AZ?
While the overall accident rate may not seem high, the severity often is. Nearly all cycling accidents result in injury, and the consequences can be life-changing.
Don’t let a cycling accident derail your life. If you’ve been injured, Lebovitz Law Group can help. Our bicycle accident attorneys have extensive experience protecting cyclists’ rights and securing the compensation they deserve.
Contact us today for a free consultation. Let’s get you back on your feet (and wheels) – safely.
Bicycle Laws in Phoenix, Arizona
Road Rules & Responsibilities
- Vehicle Status: You’re considered a vehicle, sharing the road with cars. Obey all traffic laws, including stop signs, red lights, and lane markings.
- Right of Way: Yield to pedestrians at crosswalks and sidewalks. Remember, they have the right of way.
- Lane Positioning: Stay as far right as practicable, unless turning left or passing another cyclist. Don’t lane-split with motor vehicles.
- Riding Side-by-Side: Ride two abreast only if it doesn’t impede traffic. Never exceed three abreast.
- Night Visibility: Equip your bike with a front white light visible from 500 feet and a rear red reflector.
Safety Gear
- Brakes: Your bike must have brakes that can skid both wheels on dry pavement.
- Head Protection: Helmets are mandatory for riders under 16, but highly recommended for everyone’s safety.
Additional Regulations
- Sidewalk Cycling: Generally prohibited (except in designated areas). Follow pedestrian rules when allowed.
- Passengers: No more passengers than your bike is designed to carry safely.
- Handheld Devices: Using a phone while riding is illegal, just like for drivers.
Remember: These are just highlights. For comprehensive details, refer to the Arizona Department of Transportation website or consult our expert bicycle accident lawyer in Phoenix.
Stay Safe and Ride Smart
Knowing the rules empowers you to enjoy Phoenix’s cycling scene responsibly. By following these guidelines and practising defensive riding, you minimize risks and maximize your fun!
Get Legal Support
If you’re ever involved in a cycling accident, Lebovitz Law Group is here for you. Contact our experienced team to discuss your rights and options.
With knowledge and legal support, pedal forward with confidence!
How Lebovitz Law Group Can Help Prove Liability in Your Phoenix Bike Accident?
We prove liability, holding at fault:
Negligent drivers
Did a driver violate traffic laws or act recklessly, causing your accident? We gather evidence, witness testimony, and accident reports to build a strong case.
Defective bikes or parts
Was faulty equipment the culprit? We work with experts to identify the defect and hold manufacturers accountable.
Dangerous road conditions
Did poorly maintained roads or unclear signage contribute to the crash? We’ll pursue claims against responsible government entities.
Remember, in Arizona, the statute of limitations for filing a personal injury lawsuit is two years. Don’t wait – contact us today.
Our Approach to Bike Accidents in Phoenix: Get Back on Your Ride with Justice
Did a careless driver knock you off your bike? Don’t get derailed by injuries and mounting bills. At Lebovitz Law Group, our Phoenix bicycle accident lawyer is dedicated to getting you back on track.
Here’s how we approach
1. Tirelessly Investigate
We dig deep, gathering evidence, witness statements, and medical records to build a rock-solid case. We don’t back down from insurance companies, ensuring they pay their fair share.
2. Expert Negotiation
We’ll fight tooth and nail with insurance companies, ensuring they don’t lowball your claim. Our seasoned bicycle accident lawyer understands the complexities of Arizona bicycle accident law, maximizing your recovery.
3. Proven Results
We have a track record of success in securing significant settlements and verdicts for injured cyclists.
4. Personalized Attention
You’re not just a case number. Brandon Lebovitz, a seasoned Phoenix personal injury attorney, provides direct communication and guidance every step of the way. We’re in your corner, fighting for your best interests.
5. Trial-Ready
If negotiations fail, we’re prepared to take your case to court, leveraging our courtroom experience to fight for your rights.
Schedule your free consultation now at 602-975-5550 and see why we’re Phoenix’s go-to bicycle accident lawyer firm.
Arizona’s Fault-Based System: Understanding the Rules of the Road
Therefore, establishing who caused the accident and to what extent is crucial for maximizing your recovery.
Building Your Case: The Key Elements of Fault
Duty of Care
Breach of Duty
Causation
Comparative Negligence: Sharing the Blame, Not the Burden
Our experienced bicycle accident attorneys will aggressively negotiate on your behalf and fight to ensure your fair share of the recovery.
Don’t Miss Your Shot: Navigating the Phoenix Bicycle Accident Statute of Limitations
Wrecked your ride in a Phoenix bike accident? Don’t let your chance at compensation get wrecked too. Arizona has a strict statute of limitations, and a legal deadline to file a lawsuit, for bicycle accidents. Miss it, and you’re barred from seeking any damages.
The clock starts ticking on the day of your accident. In most cases, you have two years to file a lawsuit against the responsible party.
That might seem like plenty of time, but gathering evidence, negotiating with insurance companies, and building a strong case takes time. Don’t wait until the last minute!
Here’s why acting fast is crucial:
- Memories fade: Witness statements and your own recollection weaken over time.
- Evidence gets lost: Accident scenes change and crucial details disappear.
- Witnesses move on: Tracking them down later becomes difficult.
- Insurance companies play hardball: They know delays weaken your case.
Exceptions exist, but they’re tricky. If you were a minor at the time of the accident or the injury wasn’t immediately apparent, the deadline might be extended. However, navigating these complexities is best left to legal experts.
Lebovitz Law Group is here to help. Our experienced Phoenix bicycle accident attorneys know the ins and outs of the statute of limitations and how to protect your rights.
Don’t let the Phoenix statute of limitations derail your claim. Contact us today for a free consultation. Remember, time is of the essence. Act now, and let us help you get back on track.
What Happens if the Driver Who Hits You is Uninsured or Underinsured?
But the gut punch comes later: the other driver has either no insurance or not enough to cover your expenses. Suddenly, your peaceful drive turns into a financial nightmare.
Don’t panic, though. Our experienced bicycle accident lawyer is here to guide you through this complex situation.
Here’s what you need to know:
What’s the Difference?
- Uninsured driver
They have no car insurance, leaving you high and dry for any damages. - Underinsured driver
Their insurance won’t cover the full cost of your losses, leaving you stuck with the difference.
What are Your Options?
- Uninsured/Underinsured Motorist (UM/UIM) Coverage
Check your own insurance policy. Many have UM/UIM coverage, which steps in when the at-fault driver lacks proper insurance. This can cover medical bills, lost wages, and even pain and suffering. - Suing the Driver
This route can be challenging, especially if the driver has limited assets. Our Phoenix-based firm can assess your case and advise you on the feasibility and potential benefits of legal action. - Exploring Other Avenues
Depending on the specifics, other options like MedPay coverage or property damage claims through your own insurance might be available. We’ll help you navigate these possibilities.
How Much Is Your Phoenix Bicycle Accident Case Worth?
But before we delve into legalese, let’s address the burning question: how much is your case worth?
Unfortunately, there’s no one-size-fits-all answer. Every bicycle accident is unique, and the value of your case depends on several factors.
However, we can shed some light and empower you with information to make informed decisions.
Key Factors Influencing Your Case Value
- Severity of Injuries: The extent and long-term impact of your injuries significantly impact your claim. Broken bones, head injuries, or spinal cord damage warrant higher compensation than minor scrapes.
- Medical Expenses: All accident-related medical bills, including surgeries, therapy, and medication, are compensable. Keep meticulous records of everything.
- Lost Wages: If you missed work due to the accident, you’re entitled to compensation for lost income. Include paystubs and documentation from your employer.
- Property Damage: The cost of repairing or replacing your damaged bicycle is also recoverable.
- Pain and Suffering: This compensates for physical and emotional distress caused by the accident. The severity, duration, and impact on your life are considered.
- Shared Fault: If you were partially responsible for the accident, it might reduce your compensation amount. Arizona follows a comparative negligence system.
Beyond the Numbers
While these factors form the foundation of your claim, our bicycle accident lawyer team goes beyond just calculating numbers. We take the time to understand your story, your individual needs, and the impact the accident has had on your life. This personalized approach allows us to build a strong case that resonates with insurance companies and, if necessary, with juries.
Contact us today for a free consultation and let’s navigate this path togethe
What Compensation Might You Be Able to Obtain?
- Money to pay for your damaged bike;
- Medical expenses. This is one aspect of an economic injury you might suffer. The cost of an emergency room and other hospital visits, doctor appointments, medication, and any other cost of medical care can be included in your claim for damages.
- Work losses. Lost wages can be a significant drain on a family’s economic situation. If your injuries resulted in your inability to work, you are entitled to be reimbursed for that loss.
- Pain, suffering and emotional distress. With non-economic damages, the question is how much would a jury consider it be worth not to have suffered the pain you were required to endure as the result of the defendant’s actions? And this includes more than just physical pain. Depending upon the facts in your case, damages might include emotional distress, loss of consortium and loss of enjoyment of life.
- Punitive damages. These are damages that are awarded not to compensate the victim, but to punish the wrongdoer. They are also known as “exemplary damages.” While the amount of these damages should bear some relation to the actual damage suffered, juries are given a fair amount of latitude on the amount of a punitive damage award. In order to allow an award of this type, the conduct of the defendant needs to be considered so extreme and outrageous.
Things You Should Do Before Calling Bicycle Accident Lawyer
Here’s a list of strategies you can use to protect your rights and maximize your chances for justice and fair compensation.
If you skid badly, tear up your knees, and hit your head, you probably won’t need to be told to go to the hospital.
However, cyclists often ignore minor scrapes and bruises. Sometimes, this can be dangerous. The shock of being thrown from your bike causes the brain to release adrenaline and the other “fight or flight” hormones, which can temporarily fool you into thinking that you’re not “that hurt.”
Head trauma, in particular, can be surprisingly subtle. A traumatic brain injury that is not identified and treated immediately can cause swelling and bleeding in the brain, edema, and stroke.
When in doubt, go to the doctor, follow your physician’s instructions and track your medications and course of treatment. You might also keep a journal of your symptoms.
Collect evidence and witness statements from the scene.
As a rule of thumb, strive to collect more evidence than you think you will need. Gather information, such as:
- License plate numbers;
- Insurance information;
- Phone numbers;
- Other identifying information of anyone involved in the incident;
- A copy of the police report;
- Pictures of the scene of the crash, including pictures of the vehicle(s) involved and any injuries.
Ask witnesses to write down and/or record what they saw, while the event is fresh in their mind. Witness testimony is like fruit; it tends to “go bad” over time because human memory is notoriously porous and pliable. A direct witness statement given right after an accident tends to be worth more to the court (and to an insurance company) than testimony remembered weeks or months after the event.
Stick to the observable facts. Avoid saying things to the driver like “it was kind of my fault” or, alternatively, making aggressive accusations. When insurance adjusters call, remember that insurance companies are not “evil” but are financially motivated to minimize claims and compensation payments.
Their tactics to minimize liability can be subtle. For instance, an adjuster might call you while you are lying in bed, still drowsy from a concussion or medications, and ask “how are you feeling?” You might answer something like “better, thanks,” because you’re in slightly less pain than you were the day you were figuratively, or sometimes literally, hit by a bus. You still may be in horrific pain, though.
Getting the Help You Need You are no doubt dealing with a lot of issues right now, including recovering from an accident and arranging emergency logistics, like getting childcare and recruiting people to fill in for you at work. However, time may be of the essence. Critical evidence from the accident might soon be lost, or witnesses might forget what they saw. Fortunately, Lebovitz Law Group has expert Phoenix bicycle accident attorneys who can help you take decisive, strategic steps to obtain justice, fair compensation and reclaim peace of mind.
Essential Safety Tips for Phoenix Cyclists
To help you enjoy safe and confident rides, here are some crucial tips for Phoenix cyclists to follow:
Be Seen, Be Heard
- Shine Bright: Arizona law mandates front white lights and rear red reflectors at night. Consider adding daytime running lights for extra visibility.
Reflective Gear: Enhance your visibility with reflective clothing, especially during low-light conditions.
Mind the Music: Ditch the headphones! Stay alert to traffic sounds by keeping your ears open.
Ride Right, Ride Predictably
- Respect the Rules: Obey traffic laws like any other vehicle. Stop at stop signs and red lights, signal turns, and use designated bike lanes when available.
- Share the Road: Ride with the flow of traffic, not against it. Maintain a predictable path and avoid weaving or sudden manoeuvres.
- Yield to Pedestrians: Always prioritize pedestrians crossing sidewalks and intersections.
Stay Prepared, Stay Protected
- Gear Up: Invest in a properly fitted helmet, comfortable attire, and closed-toe shoes.
- Be Weather Wise: Adjust your riding based on heat, rain, or wind. Carry water and sunscreen on longer rides.
- Maintain Your Ride: Regularly inspect and maintain your bike for optimal performance and safety.
Know Your Rights, Protect Yourself
- Three Feet is the Law: When passing cyclists, drivers must maintain a minimum of three feet of clearance.
- Accidents Happen: If involved in a collision, seek medical attention immediately and get in touch with our qualified bicycle accident lawyer team in Phoneix. We understand the complexities of cycling accidents and fight for your rights.
Remember, safety is a shared responsibility. By following these tips and advocating for cyclist safety, we can create a more enjoyable and secure cycling experience for everyone in Phoenix.
Lebovitz Law Group is here to support you, on and off the road. Contact us today for a free consultation.
Bicycle Accident FAQs
Is it mandatory to consult an experienced lawyer after sustaining injuries in a bike accident?
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
- Disfigurement
- Physical limitation
- Lost earning capacity
What types of cases does Lebovitz Law Group handle?
Who is liable for injuries in a commercial truck accident?
- Facial injuries
- Dental injuries
- Neck and back injuries
- Traumatic head injuries
- Road rash
- Bone fractures
- Dislocated joints
- Crush injuries
- Amputations
- Spinal cord injuries
- Paralysis
How can I stay updated on the progress of my case?
- We believe in transparent communication. Our team will regularly update you on the progress of your case, whether through emails, phone calls, or in-person meetings. You’ll never have to wonder about the status of your case.
What are your legal fees for hiring an accident lawyer in Phoenix?
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