Car and Bicycle Accidents: What Legal Action Can You Take as a Bicyclist?

There are many things people should never do after car and bicycle accidents occur. For instance, they should never negotiate with the driver of the car at the accident scene. According to Nolo, many drivers often apologize and accept blame at the scene of the accident only to deny fault later. Therefore, bicyclists should always wait for the police and make sure that their side is documented in a police report so they can have the information as they explore all their legal options.

Negotiate a Settlement with the Driver’s Insurance Company

One legal option for bicyclists is settling with the driver’s car insurance company. With a settlement, bicyclists and car insurance companies negotiate a dollar amount on such things as the damage to the bike and medical bills. However, employing this legal option negates any other legal options the bicyclists could have later. This means by agreeing to and signing a settlement, bicyclists give all rights to sue later. For instance, if the bicyclists’ injuries are worse than what they were perceived at the time of the settlement, they can’t sue or renegotiate a settlement later. The settlement options also may include many negotiation discussions before bicyclists and insurance companies find common ground.

File a Lawsuit for Damages

Another legal option for bicyclists is filing a lawsuit for damages and injuries caused by the car and bicycle accidents. Bicyclists have this option when the car insurance company refuses to pay or offers a settlement that won’t pay the damages and medical bills. They can also sue if drivers don’t have car insurance. Filing a lawsuit requires proving that the drivers’ were at fault. This means that the bicyclists may have to call witnesses who saw the accident, show the cost of medical bills and prove what happened when the accident occurred.

Seek Legal Help from a Lawyer

One of the best legal options bicyclists have is seeking legal advice from a lawyer who specializes in bicycle accidents. In fact, bicyclists should start any negotiations with a lawyer’s assistance. For example, bicyclists may unknowingly settle for less money than their claim is worth because they don’t want to decline the first offer. Therefore, the lawyer will negotiate a settlement that covers all the bicyclists’ bills and damages. If a settlement isn’t reached, the personal injury lawyer will fight in court to have the bicyclist's injuries and bike damages covered.