Most people view bike riders as thrill seekers who drive rashly on the roads and cause accidents. Do you think it’s always a bike rider’s mistake? No, you can’t blame the bike riders every time for an accident. It can be a mistake of the other side driver that forced a car to hit the biker. The injuries may require hospitalization, which could take away several bucks from the victim’s pocket, giving a financial blow to the victim’s income.
A bike accident victim has to prove the other side guilty to recover the accidental bike damages and the medical expenses. It is not easy, but strong evidence against the car driver can eventually help victims get the compensation they are entitled to.
For such cases, an attorney can aid the bike accident victim in pursuing a claim and proving the other side guilty. A bike accident lawyer in Tampa builds strong claims against the defendant and fights for the victim’s rights.
Legal Grounds for Filing the Bike Accident Lawsuit
A victim can file a compensation claim by proving the other side driver responsible for the crash. A victim can file a bike accident lawsuit accountable on the following grounds.
- Over Speed: The victim can show that the other side driver’s negligent behavior of vehicle overspeeding caused the crash. The victim can file a bike accident lawsuit based on the other driver’s overspeeding grounds.
- Inattentive While Driving: Demonstrating that the other side driver was inattentive while driving the car, and the negligence resulted in a crash. On these grounds, one can file a lawsuit.
- Driving Intoxicated: Driving intoxicated is a serious crime. The victim can illustrate that the other side driver was driving the vehicle while intoxicated. The bike rider can hold the other side accountable for the accident.
- Driving Recklessly: A victim can show that the driver ignored the basic safety precautions involving racing the other vehicles and passing on the blind curves. On these grounds also, a victim can file a lawsuit.
Why is It Necessary to Prove the Defendant’s Fault After a Bike Accident?
Proving that the damage and injuries were caused due to negligent behavior and reckless driving of the other party can ease the process for the bike accident victim to get claims. Once the bike accident victim gets all the grounds against the defendant, they can fully recover the property damage and other compensations.
How Does the Investigation Process Work in a Bike Accident Case?
The accident scene investigation needs a strong claim to prove the other side guilty. A strong claim helps the victim get maximum compensation. The detailed investigation involves:
- Collecting police records and other documentation
- Interviewing all eyewitnesses
- Collecting video footage of the accident sight
- Keeping medical records intact
- Analyzing lost wages
- Filing claims with the insurance companies
- Preparing the case for trial
Some Evidence to Prove a Bike Accident Case
Strong evidence easily proves the bike accident case. However, one piece of evidence is not enough to prove the case. The attorneys require several shreds of evidence to identify the at-fault party. Here is a list of some of the evidence that can favor a victim in a case.
- Medical Records: Keep the doctor’s prescriptions, medical bills, and doctor’s statements intact to prove the serious injuries in the accident. The documents provide valid proof of the severity of the accidental injuries.
- Police Report: Call the police immediately after the accident and file a police report against the defendant. The police conduct the initial investigations to determine the faulty driver in the crash. The police report acts as a legal document that can convince the insurance companies to pay fair compensation.
- Eyewitnesses: Relying on police to interview the witnesses can be time-consuming. A victim should collect the contact information of the eyewitnesses so that it becomes easy to locate the contacts for further proceedings.
- Vehicle Damage: Don’t hurry up to fix the damaged vehicle. Capture the photos of the damaged vehicle, skid marks, road signs, and injuries. It is vital evidence that can prove the other side guilty of the case.
- Lost Wages Documents: Showcasing the lost wage documents for the time a victim lost the job for recovering the injuries is the important documentation necessary to prove the seriousness of the injuries.
How Can an Attorney Help Victim Prove a Bike Accident Case?
A victim alone can never get the desired compensation from the insurance companies. So, a law attorney can help the bike accident victim get the compensation they are entitled to. The legal professionals communicate and negotiate with the insurance companies to let the victim get fair compensation for the expenses. Here is how a law attorney proves the bike accident case:
Investigates the Accident Scene
The Accident Site demonstrates everything that happened at the moment of the accident. First, the law attorney recreates the scene to get a clear picture of the scene. In doing so, the legal professionals send the investigators to attain the key details of the following things.
- Positioning of the traffic lights
- Road sign placement
- Skid marks on the road
- Damage to barriers
An attorney on the victim’s behalf carries out the investigation process. First, the investigators take photos of the scene and compare them with the police records to prepare the claims.
Examine the Vehicles Involved
The legal professionals assess the vehicle’s condition by seeing the overall damages. It demonstrates the seriousness of the accident. During the procedure, the legal professionals analyze the crash damages and opinions to support the claims.
Interview the Witnesses
The lawyers interview the eyewitnesses present at the time of the accident. The testimonies of the witnesses establish the truth of the crash. The lawyers compare the statements with the facts of the case and protect the victim’s rights. The lawyers check whether the witness statement will act as evidence or contradict the claims. They analyze every aspect of the case in favor of the bike accident victim.
Investigate Both Side Drivers’ Actions
The legal professionals investigate both drivers’ actions. They determine who was at fault at the time of the accident. To this, the lawyer analyzes the reason for the crash, including:
- Aggressive passing
- Disobeying traffic rules
- Inconsistent driving
The lawyers prepare the claim based on the driver’s negligence to prove the other side guilty and achieve fair compensation from the insurers.
Most of the time, insurers complicate the process, so they have to pay less to the victims. With its straightforward approach, the legal team understands the case’s aspects and negotiates with the insurance companies by fighting fiercely for settlements.
Compensations Victim Receives From Bike Accident Claims
A bike accident injury can financially blow the victim’s expenses. To recover such expenses, here are the compensations that a victim can recover from the insurance companies.
A victim sustains fatal to catastrophic injuries in a bike accident. It requires hospitalization, imaging, medications, and physiotherapies. To get medical claims for the treatments, keep the medical bills intact and claim medical compensation from the insurance companies.
An accident causes a financial hit to the victim. However, the victim can claim the lost wages for the time the victim doesn’t work and recovers. Showcasing the lost wages documentation helps the victims to get the financial claims from the insurance companies.
Property Damage Claims
Damage to vehicles is common in a bike accident. The victim can show photographs of the vehicle damage and claim damages from the insurance companies. The insurers compensate victims to fix the damaged vehicle.
Long-Term Care Claims
Spinal cord injuries, bone fractures, and brain hemorrhage need long-term care. The victim can claim long-term care compensations from the insurance companies.
Psychological Distress Claims
An accident is the worst thing that impacts an individual emotionally and physically. Treatments can reduce physical pain, but emotional pain worsens with time. It onsets the symptoms of anxiety and depression that require therapies. The insurance companies compensate for such claims.
A bike accident can lead to serious complications. No matter how safe a driver you are on the road, even if clear-cut negligence is seen on the defendant’s part, most people blame the bike riders for causing the accidents. Only strong evidence can help you prove the other side guilty.
In such cases, hiring a law attorney is a wise decision. The Coleman Law Group is here to help you!