Do I Have to Go to Court for a Bicycle Accident?
Over 100,000 cyclists are injured in bicycle accidents each year. Because these accidents often result in painful and expensive injuries, getting the right compensation is a big part of the process.
But what if you need to go to court to settle your bicycle accident case? How often does that happen and what are the reasons for going to court in this situation?
That’s what we’re here to look at today. Read on to find out more about bicycle accidents and whether you have to go to court.
How Often Do People Go to Court for Bicycle Accidents?
It’s worth noting that personal injury claims that come from bicycle accidents don’t often end up in court. In fact, there’s no requirement stating that you have to go to court in these instances.
While no exact figures are available, cases are more likely to be settled before going all the way to court.
That being said, it’s always possible that a bicycle accident case makes its way to the courthouse. In fact, there are a variety of reasons why this might be the case.
Reasons to Go to Court for Bicycle Accident
Every bicycle accident injury case is different. While it’s preferable for all parties to agree on a settlement, certain things tend to complicate these personal injury cases.
Let’s start at settlement disagreements and how these cases end up going to trial.
After an accident, your bicycle accident lawyer helps you prepare an injury claim. This claim is then filed to the at-fault party’s insurance company, at which point they respond with a settlement.
Sometimes their settlement offer is low or doesn’t meet the requirements you and your attorney set out. In many cases, you and your attorney negotiate fairer terms and it all works out.
There are, however, cases where negotiations stall and a settlement can’t be agreed upon. In these cases, people often file a lawsuit and take the matter to court.
Bicycle accidents often cause severe injuries for the cyclist, especially if the other party was driving a car. In some cases, an insurance settlement might not cover all the medical bills associated with your injury.
If an insurer’s policy limits don’t meet the expenses you’re paying to mend your injuries, lawsuits often come into play. When you decide to sue the driver, the case can end up in court.
Most American states require drivers to own car insurance. In cases where the at-fault party doesn’t have insurance, however, you might need to sue them for the right compensation.
Car insurance laws vary state by state, so it’s important to know the dynamics of how your state handles these cases. Make sure you’re well-informed about these laws before going forward with a lawsuit.
Taking a lawsuit to court could result in a more direct process and compensation directly from the driver. It’s advised to consult your bicycle accident lawyer before pursuing this route.
Insurance Company Denies Claim
Insurance companies can deny your personal injury claim if they want to avoid a settlement. This could give you a legal case for going to court.
Getting an attorney by your side is generally a good idea if you want to take your case to court. A lot of negotiations are likely in order if an insurance company denies your claim.
Before Going to Court
A lot of things can happen before you take your bicycle accident claims to court. Negotiating a settlement is something that most parties pursue before taking anything to the courtroom.
As previously mentioned, however, settlements aren’t always on the table. In that case, you and your attorney will begin preparing for trial. Lawsuits begin with the discovery phase, followed by mediation, negotiation, and trial.
This leaves a lot of time for insurance companies and the other party to reconsider settling the case. If for nothing else, it gives more time to negotiate before ending up in court.
Most people, and insurance companies, want to avoid going to court as much as possible. If you do end up going to court and win, the other party has to pay the full amount that you are owed.
Avoiding Going to Court
With all that said, personal injury claims often end up getting resolved before anyone has to step foot in a courtroom. It all begins with building a strong claim that makes it easier for the other party to settle on.
There are also plenty of actions you can take to ensure that your claim doesn’t find its way to court. Report your bicycle accident to the police as soon as you can. Don’t forget to take pictures during this time.
Get treated for your injuries immediately, and gather any eyewitnesses to your accident. Once you have some evidence for your case, save them and make sure they’re safeguarded.
Avoid talking to the driver or their insurance company since they could use something you said against you. Get legal representation by finding a reliable bicycle accident attorney.
Regardless of whether or not you go to court for your bicycle accident, it’s important to get the right attorney by your side. Doing so ensures that you have someone reliable by your side through all the negotiations.
Understanding Bicycle Accident Cases
A single bicycle accident can cause severe personal and financial damage to its victims. Use this guide to help you understand the dynamics of these cases and whether you need to go to court for your bicycle accident case.
Are you looking for reliable personal injury attorneys in the Victorville area? Contact us today and we’ll get you started on a solution right away.