Bicyclists injured in accidents with cars and other motor vehicles often suffer severe, traumatic injuries. These injuries can leave riders recovering for days, months, or, in the worst case scenarios, they may never recover from their injuries at all. And as they recover from their injuries away from work, they feel the added stress of bills piling up with no income to cover them.
If you have suffered injuries in a bicycle accident due to the reckless actions of another motorist, you have a right to demand compensation for your losses. You should not pay for the negligence of others. You have options. The Montgomery personal injury lawyers with the Law Office of Dwayne L. Brown have 30 years of experience helping accident victims get compensation for medical bills, lost wages, and pain and suffering. You may qualify for more, but to learn what damages you may pursue, it needs to start with a call. Call us today for your free case evaluation.
You Have a Right to Compensation for Your Losses After a Bike Accident
Accident victims like yourself have the right to pursue compensation from the party liable for their injuries. In bicycle accidents, those parties tend to be other motorists. With such a drastic difference between the size and weight of a bicyclist and your average passenger vehicle, these accidents often result in serious injuries. Such injuries can include:
- Traumatic brain injuries
- Spinal cord injuries
- Internal bleeding
- Organ damage
- Broken bones
When faced with such injuries, most people understandably want to know how they are going to get the care they need; how they are going to pay their bills; how they are going to take care of their family. They want to know how much their settlement will be. The truth is there is no one settlement value. Every case has unique qualities and circumstances that influence the final settlement value.
Types of Damages in Your Bicycle Accident Claim
Our catastrophic injury lawyers understand the issues you are facing. We know the types of damages that could apply to your case. Upon our investigation, we may discover that your damages could include any of the following:
- Medical expenses: These damages include not only your past and present medical bills but also any ongoing healthcare your injuries may require. They can include emergency services, hospital stays, surgeries, medications, physical rehabilitation, and occupational therapy.
- Lost income: Most people think of lost income as the money lost while you recover from your injuries, but it can include more than that. You may also claim any tips, bonuses, and incentives you have missed while you were recovering.
- Reduced earning capability: In addition to the money lost while recovering, you may find that your injuries prevent you from working as much or even the same job as you did before the accident. You could even find you cannot return to any work at all, which you can claim in compensation.
- Bike and property damage: Any costs related to the repair or replacement of your bike or personal property can also be included with your demands for compensation.
Typically, damages are divided between economic and non-economic. The above list would be classified as economic damages, since they often have a definitive dollar value attached to them. Non-economic damages are more subjective. They represent the impact the accident has had on your quality of life. Our bicycle accident attorneys are familiar with the common practices to determine the value of your non-economic damages.
Non-economic damages in your bicycle accident case could include:
- Pain and suffering: This damage is for the physical pain and discomfort you experienced because of the bicycle accident, but it can also include any pain you may have to live with.
- Emotional distress: In addition to pain, you may be dealing with psychological or emotional trauma, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
- Permanent scarring and disability: Victims who live with a permanent disfigurement or disability can claim compensation to accommodate the hardships they will face in the future due to the injury.
- Loss of enjoyment in life: Your damages could also include a loss of enjoyment in hobbies and activities you may not be able to participate in.
- Loss of companionship and guidance: Whether it is a spouse, parent, or child, if your injuries have affected your relationships, you can claim compensation for that loss.
Wrongful Death Damages for the Families
Our wrongful death lawyers in Montgomery can also assist families who have lost a loved one in a Montgomery bicycle accident. In Alabama, a wrongful death lawsuit must be filed by the decedent’s representative. If the decedent did not have a representative of the estate, one is appointed through probate court. Also, Alabama only awards punitive damages. The value of these damages is determined by a jury. They are meant to punish the at-fault party for their actions and warn others against doing the same.
Call the Law Office of Dwayne L. Brown today for a free case evaluation. Our staff can listen to your story and explain your legal options.
How the Law Office of Dwayne L. Brown Helps Montgomery Bicycle Accident Victims
When bicycle accident victims are seeking assistance with their personal injury claims, we start by providing them with a free case evaluation. During the evaluation, we listen to them. Your case is about you, about your needs. As we say, “It’s not about the lawyer; it’s about the client.”
Once we agree to take on your case, we can do the following to help you get the compensation you deserve:
Investigating Your Bicycle Accident
Establishing negligence and liability in your case requires the collection of evidence. We have the staff and investigators necessary to collect the evidence related to your bicycle accident in Montgomery. Such evidence we would look to collect includes such items as:
- Police reports
- Medical records
- Eyewitness statements
- Accident scene photos
- Video footage
One particularly powerful source of evidence is the testimony of expert witnesses. Expert witnesses can include:
- Financial advisors explain the ramifications your injuries will have on your ability to earn income.
- Medical professionals can explain your prognosis and recovery times.
- Accident reconstruction specialists can explain the events that caused the accident.
- Mechanical technicians can explain the failures of any parts or vehicles.
The evidence we collect must be able to demonstrate the link between you, the at-fault party, and your injuries. This connection is often referred to as the four elements of negligence. Theses four elements are expressed as:
- Duty of care: Everyone on the road has a responsibility to follow the traffic laws. The intent is to provide a safe environment for all to use.
- Breach of duty: Whether by action or inaction, the at-fault party has violated their duty of care and created an unsafe condition.
- Causation: Because of that unsafe condition, you and the at-fault party have an accident where you are injured.
- Damages: Because of your injuries, you now have incurred financial debt from your medical bills and lost income, but you have also suffered emotionally and mentally from the experience, for which you also have a right to receive compensation.
When we examine the evidence, we may discover that there are multiple parties at fault for your accident. For example, the parties liable in your case could be a driver and the manufacturer of a faulty brake. We will also use the evidence to calculate the full extent of your damages.
Managing Your Insurance Claim and Negotiating on Your Behalf
With a robust case file, we then file an insurance claim with all liable parties’ insurers. We will handle all communications with the insurance companies, their attorneys, and the at-fault party. So, don’t accept any initial settlement offers or give any recorded statements without discussing them with us first. Your job is to focus on recovery. We will handle all the legal processes and negotiate with them to secure a fair settlement that reflects all your damages.
Representing You in Court
Whether we reach a fair settlement with the insurance companies or not, we prepare every case for trial. We will take your case to court and present our arguments, seeking an award that meets your needs.
Thankfully, most cases are resolved in a settlement, but we will be prepared nonetheless. We will go over all these possibilities with you.
Statute of Limitations for Bicycle Accident Lawsuits
There are various personal injury and traffic laws that could affect your case, but there is one law we would like you to be aware of. The Alabama personal injury statute of limitations, AL Code § 6-2-38, sets a legal deadline to file a lawsuit with the courts. Under the law, accident victims are typically given two years from the date of the accident to file. If they do not file a lawsuit before that deadline, the case may be barred, and they could be denied the chance to receive fair compensation through the courts for their losses.
We can protect your legal right to file by staying on top of any deadlines that affect your case, but you need to call us as soon as possible. In fact, the sooner you call, the better chance we have of protecting your rights and securing evidence before it is destroyed or lost.
Call the Law Office of Dwayne L. Brown Today Regarding Your Montgomery Bicycle Accident Case
If you have suffered injuries in a bicycle accident in Montgomery, call our office today. The consultation is free, and we work on contingency, so you pay nothing unless we win.
