Bicycle Accident Attorney for Bicycle Accidents
Too frequently, police and motorists consider bicyclists nothing more than a dangerous nuisance on the roadways. Nevertheless, “I didn’t see him” is not a legitimate reason for running down a bicyclist. I am not sure that I have ever worked on a case for an injured bicyclist, when the police report did not place at least partial fault on the cyclist or where the insurance company for the at-fault driver simply admitted fault. Even when liability is clear the insurance carrier will make some argument that the cyclist was at least partially to blame. As a bicycle accident attorney, I have even heard adjusters argue that the cyclist was at fault because he or she was riding in a vehicular lane of travel. The truth is cyclists have the same rights as motorists.
If you are listed as at fault on the police report and if you are physically able to travel, go to the police agency responsible for the report and ask to speak to a supervisor. Speak in a calm logical tone and point out that you had the right-of-way. Tell them why you believe the motorist was the one at fault. Ask if you can file an objection to the report or get it changed. If you were lucky enough to have a witness approach you at the scene, make sure you get and keep their contact information. Give it to the police and ask them to contact the witness.
Even if a police report remains unchanged, it is not the end of the world. A police report is not admissible against you in court! The insurance adjuster might still argue that liability has already been determined, but legally it hasn’t.
Expert Witnesses: Expert witnesses are hired by an experienced bicycle accident attorney. They can reconstruct the collision and show the insurance company or jury why the other driver is at fault.
Medical Experts: Medical experts can explain the medical reasons for not only your initial injuries but the protracted period of disability that can occur when a cyclist comes into contact with three tons of vehicle traveling at high speed. Remember, as the injured victim you are obligated to prove each and every aspect of your claim.
Frequently, treating physicians are not interested in becoming entangled in litigation for fear that their reputation might be attacked by the defense attorney. An experienced bicycle accident attorney can frequently convince a treating physician to testify once all the facts are presented to the doctor.
Accurate Evaluation of Your Claim: One of the challenges facing any litigant is the process of trying to determine the value of their own claim. Without years of experience and access to the latest database information on claim values most people are not prepared to make an educated assessment of the value of their own claim. Frequently, unrepresented litigants grossly undervalue their own claims. That is why it is essential to hire a knowledgeable bicycle accident attorney.
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