New Haven Bicycle Accident Lawyer
When a person riding a bicycle is involved in an accident with a vehicle, it can be a terrifying experience. A collision between a bicyclist and vehicles weighing many tons can cause both serious physical damage and mental trauma to the bike rider.
The injured bicyclist should be focused on making a full and complete recovery, but being forced to argue and plead with the insurance companies can make matters even worse. The companies often attempt to minimize the rider’s injuries or even try to blame the bicyclist.
New Haven bicycle accident attorneys work to protect their clients’ rights against aggressive insurance companies and to recover fair compensation for their physical and mental injuries. If you have been in an accident involving a bicycle, contact a skilled injury lawyer right away.
Laws Concerning Bicycle Accidents
While it is certainly possible that some collisions between cars and bicycles are intentional, most would be classified as accidents. Because of this, they are pursued under the legal theory of negligence.
Negligence, simply put, is when a person has a responsibility to act in a way that keeps others out of harm. In order for a negligence claim to succeed, there are five elements that must be met:
- Duty – In certain situations, a person has a duty to care for the wellbeing of others. One prime example of this is a driver. Drivers of motor vehicles have a duty to protect all other drivers, passengers, and bicyclists
- Breach – A breach of the duty of care occurs when the person either takes an action, or fails to act, in a way that brings the protected party to harm. Examples can include rear-ending at a stop light, disregarding a stop sign, or speeding
- Cause – The plaintiff must show that their injuries were caused by the accident
- Scope – The injuries suffered must have been foreseeable in consideration of the facts of the case
- Damages – Lastly, the plaintiff must suffer actual physical harm. Mental anguish, on its own, is not enough
Statute of Limitations for Accident Claims
One other aspect for bicycle accident claims in New Haven must be kept in mind. The legal concept of statute of limitations places restrictions on when an injured party may file a complaint in court.
Connecticut Statute 52-584 states that a claim for personal injury must be made within two years of the accident. While this may seem like a long time, treatment, and negotiations with insurance companies can last for months. Time is of the essence; contact New Haven bicycle accident attorneys today.
Role of a New Haven Bicycle Accident Attorney
When a person is involved in an accident while riding their bike, they should be focused on getting better. Unfortunately, wrangling with insurance companies and doctors’ bills can make this difficult. New Haven bicycle accident lawyers are available to help.
They gather all of the necessary paperwork and submit it to the insurance company. Attorneys can then negotiate a settlement on your behalf that is both aggressive and thorough. In the rare event that your case does not settle and needs to go to court, they are at your side every step of the way.
By talking to all of the witnesses, preparing persuasive arguments, and marking evidence for trial, skilled New Haven lawyers will work with you to fight for the compensation that you deserve. Do not take any unnecessary chances, contact today.