Cycling is one of the most popular sports in the United States. Pedestrians and motorists must be aware of cyclists in bike lanes and on the shoulders of major roadways. One important question many prospective clients often have is whether automobile liability insurance covers bicycle accidents.
Multiple factors can determine if a single insurance policy provides coverage for bicycle accidents. It is necessary to consider all the variables that may affect whether or not a particular automobile liability insurance policy provides coverage for bicycle accidents. If you have questions about bicycle accidents and your automobile insurance policy, then you should speak to a Ponca City bicycle accident lawyer.
You Must Determine If an Automobile Was Involved in the Bicycle Accident
Individual insurers may only provide coverage for accidents involving an automobile. Bicycle accidents involving only pedestrians and other cyclists may not be covered under a specific insurance policy. If you need to learn more about the details of your specific insurance policy, you should speak to a knowledgeable attorney who is familiar with these types of cases.
It is also important to ascertain whether your insurance policy provides supplemental coverage for specific types of accidents, including bicycle accidents. Some options may still be open if you suffered injuries on commercial property or residential property. A bicyclist may be able to assert a premises liability claim against a property owner.
Sometimes it is ambiguous whether an automobile was involved in the bicycle accident. It is possible the insurance company will claim it is indeterminable if an automobile was in a bicycle accident. Speaking to an attorney is one of the best things you can do if you have additional questions regarding how insurance companies assess bicycle accident cases.
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SPEAK TO AN ATTORNEY TODAYAscertaining Which Party Caused the Bicycle Accident
The party who caused the bicycle accident will be liable for paying damages. Traffic collision reports, investigation reports, and witness statements may all be relevant to determining which party caused the bicycle accident. It may take several weeks or months to acquire all the evidence necessary to substantiate your legal claims and establish the liability of the defendant.
It may be more difficult to determine which parties are liable for your injuries if you do not retain an attorney. You may also need to set forth legal arguments regarding which party caused the bicycle accident. Discerning whether your automobile liability insurance policy provides collision coverage is also important if an uninsured party caused property damage or personal injuries.
Multiple parties may be responsible for causing the accident. An attorney can help you understand if comparative negligence principles may be applicable to your case. Essentially, if multiple parties are liable for causing your injuries, then the court may apportion fault between them based on the degree to which they were responsible for causing the bicycle accident.
Other Options Which May Be Available If Automobile Insurance does Not Cover Bicycle Accidents
If you are covered by a renter’s insurance policy or a homeowner’s insurance policy, then insurance coverage may cover your bicycle accident. You may need to examine your homeowner’s insurance policy to determine if your bicycle is covered. A bicycle accident may have happened on another person’s property, and if this is the case, then the property owner’s homeowner’s insurance policy may provide coverage for your injuries.
It is possible for you to seek financial compensation for your injuries. Personal injury lawyers understand how different insurance policies may apply to your bicycle accident case. One type of liability insurance policy that may apply to your case is uninsured motorist and underinsured motorist insurance.
If you are injured by someone who does not have insurance, then you may look to an uninsured motorist provision or underinsured motorist provision in your own insurance policy. This may provide you with coverage for your personal injuries as well as property damage. You need to make sure your attorney knows if you have uninsured motorist or underinsured motorist insurance.
Calculating the Total Damages Associated with the Bicycle Accident Case
Calculating the total damages amount associated with your bicycle case is extremely important. The damages you claim should include both economic damages and non-economic damages. Medical bills and property damage are categorized as economic damages and emotional distress, as well as pain and suffering, are categorized as non-economic damages.
It is necessary to review important documents, records, and other forms of evidence to prove the damages amount you claim in your case. You must consult with an attorney about the records you need to request. Reviewing these records and calculating the total damages amount is one important task your lawyer will perform.
Medical records and medical bills are often used to calculate economic damages. But these documents may also be used to help an attorney calculate your non-economic damages. Traffic collision reports and photographs of your injuries will also be relevant to your bicycle accident case.
Proving the Four Elements of Negligence in a Bicycle Accident Case
The four elements of negligence are duty, breach, causation, and damages. Establishing these four elements is how you prove the defendant was liable for your injuries. Duty and breach are typically categorized together since they are fundamentally related.
Every person has a duty to act as a reasonably prudent person under similar circumstances. If an automobile driver was intoxicated while driving and struck you as you were riding your bicycle, then the automobile driver has deviated from this standard of care. It is the task of the injured party to prove that the defendant breached this duty of care and that the breach caused the injured party’s injuries.
Being able to articulate each element of your negligence claim is essential. A lawyer will draft the civil complaint so the factual allegations are used to prove your legal claims. One of the most important things your lawyer will do is draft the initial complaint that begins your civil lawsuit.
Contact BDIW Law Today and Learn More About Your Legal Options
You may have questions about your own automobile insurance policy and what coverage it may provide if you suffered injuries during a bicycle accident. If you are interested in learning more about your legal rights, then contact us today. We can help you determine which insurance policies may apply to your bicycle accident case.
