Bicyclists have as much right to be on the road as motor vehicles. However, drivers often cause accidents when they fail to yield the right of way to bicycle riders. If a driver failed to share the road as required by law and caused you to suffer injuries, you deserve compensation.
A personal injury lawyer in Alexandria, VA can help you navigate the personal injury claims system and recover the compensation you need. The Parrish Law Firm, PLLC is dedicated to helping victims right wrongs and recover fair compensation. We offer a free claim analysis and no-obligation consultation.
To speak to a bicycle accident attorney about your situation, call the Parrish Law Firm, PLLC at 571-229-1800 today.
Proving Driver Negligence After a Bicycle Accident
Insurers often seem ready and willing to help you get the compensation you need after an accident. However, this is often just an act. Insurers want to do everything they can to save themselves money. This often includes fighting tooth and nail to protect their policyholder from liability.
To this end, you can expect the insurance company to claim that you or a third party caused the accident.
We will investigate your accident and find evidence that protects you from liability and helps us establish the negligent party’s liability. This might include:
- Surveillance video
- Eyewitness accounts
- Red-light camera footage
- The accident report
- Testimony from expert witnesses such as accident reconstruction experts
Holding Municipalities Liable for Negligence
In some cases, a third party is liable for your injuries. If ineffective or absent road maintenance caused unreasonably dangerous conditions (e.g., a pothole or broken asphalt), a government entity could be liable.
Because Virginia permits recovery of compensation from any negligent party, it is important to examine all possible causes.
Alexandria Bicycle Accident Lawyer Near Me 571-229-1800
Getting Your Claim Paid
The first step is proving liability. Any party who behaved negligently (e.g., owed you a duty, breached that duty, directly caused you loss or damage) could be liable. We must prove each of these factors of negligence based upon a preponderance of the evidence. That means that it must be more likely than not that another party was responsible.
Sometimes proof requires a recreation of the scene, along with an opinion of an accident reconstruction expert as to how the accident unfolded. We regularly work with accident reconstruction experts in the area.
If the insurance company knows that it cannot legitimately contest liability, it will go to work attacking the damages you claim to have suffered. Proving your injuries is another area where expert witnesses may be able to help. Healthcare professionals may provide opinions of future medical problems (within a reasonable degree of certainty) as well as the health problems you currently face.
Bicycle accidents can leave victims with spinal cord injuries, traumatic brain injuries, fractures, punctures and other severe problems. They also can cause serious emotional problems requiring professional intervention.
Even if you used your health insurance to keep up with medical bills, you can still make a claim for medical expenses. (In most cases, there are out-of-pocket expenses that insurance has not covered.)
You may be entitled to payment for your future medical bills as well as those previously paid and presently outstanding.
You can recover the value of your wages lost from either incapacity or attending medical appointments, even if you used sick leave or vacation time. If you are self-employed, calculating the value of your lost income potential is often complex and subject to insurance company attack. However, we are persistent and know what defenses to use against these attacks.
If the accident limits your ability to work the same number of hours, do the same type of job, or earn the same hourly rate or salary going forward, you can recover that loss of future earnings.
There may also be an issue of decreasing retirement or social security benefits, requiring both a wealth analysis and a vocational analysis. Due to economic variables including the fluctuating nature of the value of money, another expert witness may testify as to the total economic impact of your accident.
Other Special Damages
Just about any out-of-pocket expense you incurred or are likely to incur as a direct result of the accident could form the basis of a claim for damages. This could mean making medical equipment purchases, having to contract with service providers to do things you were previously able to do on your own, and other expenditures.
Accidents disrupt the quality of life their victims once enjoyed. Loss of interest in hobbies, family, and inability to carry out activities of daily living create mental anguish on top of physical pain. This is known as “pain and suffering.”
Embarrassment from permanent disfigurement or scarring can also cause emotional pain and suffering. You might also be entitled to compensation for the inconvenience your accident caused (e.g., having to go to doctor’s appointments, having to rent a car, etc.)
Do Not Let an Insurance Adjuster Get the Best of You
As a former insurance company defense attorney, Jim Parrish knows the truth about how insurance companies operate.
Negotiating with an insurance company takes far more than just exchanging figures within allotted timeframes. The negotiators at the Parrish Law Firm, PLLC work diligently to present your case, not just to volley numbers. While we fight to settle your case out of court, we are not afraid to take your case to trial if the insurer refuses to offer what you deserve.
Schedule your free claim analysis now by calling 571-229-1800.