When a cyclist and a car collide there’s no chance that the cyclist won’t get hurt. Yet does that mean bikers are automatically successful at resolving their personal injury claims?
In most cases, the answer is no. To get compensation for your injuries, you will need help from an experienced Alberta bicycle accident lawyer who understands the complications and complexities in your case.
Who is at fault when a bike hits a car?
While the vast majority of collisions are caused by passenger vehicles who don’t see the bike coming or who make improper turns, there are still some instances where the cyclist is held responsible for the accident, or, in our comparative negligence province, more responsible than the driver.
Even when the cyclist did everything right there are some people who just don’t believe cyclists should be out on the roads. The same drivers who get aggressive and irresponsible with cyclists sometimes serve on personal injury juries.
Our job as your legal representation will be to show why you bear as little responsibility for the accident as possible.
If you are found partially at fault your award will be reduced by whatever that percentage is. For example, if your award is $100,000 and you are found to be 40% at-fault, then you will only receive $60,000. This is why it’s so important to have a lawyer working on your behalf. Ideally, you’ll hire one as soon as you’re medically capable of doing so, well before the driver’s insurance company tries to get in touch with you.
What happens when the cyclist causes the accident in Alberta?
Your bike probably didn’t cause the motorist any damage. Since cyclists aren’t required to carry car insurance their own insurance policy will cover any dents, scrapes, or dings left on their vehicle.
If it can be proven that you caused the accident, however, then you are unlikely to be able to collect much in the way of a personal injury settlement.
How much compensation should I expect after a bicycle accident?
The specific amount will depend on the extent of your injuries and expenses. The typical settlement covers medical bills and lost wages, as well as a pain and suffering award. If you need long-term medical care or have lost your earning capacity then your settlement should include provisions for those issues as well. A settlement should also include some amount towards repairing or replacing your bike.
Your lawyer will be able to tell you what a reasonable settlement offer will look like in your case.
Why Merchant Law?
We’ve spent decades helping hundreds of cyclists bring their personal injury cases to a successful conclusion. We can help you recover the funds you’ll need to rebuild your life after your accident. We know the challenges, the tricks insurance companies like to play, and the legal arguments inside and out. We can bring your case to a successful conclusion.
For a free, no-obligation, risk-free consultation, call (403) 225-7777 today, or visit our office at 191 Edwards Way SW, Unit 202 B, in Airdrie. We answer our phones 24/7/365 to make sure you can get the help you need when you need it.