If a motorist hits a bicyclist, the motorist can be sued for personal injury in most cases. However, the driver isn’t automatically at fault. As with other situations where negligence plays a role in an accident and resulting injuries, a person hit while bicycling can click here to file a personal injury suit. As long as the victim pays attention to the statute of limitations, litigation is an option after a bicycling accident.
Ask the Motorist’s Insurer
Victims can get compensation by filing with the other driver’s insurer and by reaching an out-of-court settlement. These are referred to as “third party claims,” and most jurisdictions allow victims to recover lost income, medical bills, replacement of the property, and pain and suffering. The victim should:
• Get proper medical treatment
• Gather the necessary documentation for the case
• Talk to an injury attorney about the situation
• Write a demand letter that the victim or the attorney can send to the at-fault party’s insurer
• Fault Isn’t Always Clear-Cut
Even in bicycling accidents, road rules apply equally to drivers and bicyclists. There are certain cases where a bicyclist may be injured severely, but they bear most or all the fault for the accident. In cases where the fault is uncertain, a personal injury attorney can help the victim make a proportional recovery based on their percentage of fault.
The Other Driver’s Insurer Should be the First Stop
If a person is riding a bicycle and is hit by a car, the driver’s insurance company should be the first place the victim goes when looking for compensation. Bicyclists face certain challenges when making claims with auto insurers, but a bicycle accident attorney in Fort Collins can help.
Cases Where a Driver Hits and Runs
If a victim is hurt by a hit-and-run driver, their legal options may be severely limited. The victim in such a case should first ask their own insurer to pay the medical bills, and they should then hope that they, and local authorities, can find the at-fault party so litigation can be pursued. During hit-and-run and other bicycling accident cases, victims need the help and advice only a bicycle accident attorney in Fort Collins can provide.