How to Recover Compensation After a Bicycle Crash in Charleston
You can seek compensation after a bicycle accident by proving that the driver was at fault and the extent of your damages. The compensation can include medical expenses, wages, and suffering.
Charleston, West Virginia, has congested roads where both bicycle riders and drivers compete for road space. The most common causes of bicycle accidents in Charleston, WV, include drivers who fail to give way to bicycle riders or drivers who drive under the influence of substances. A highly experienced Charleston, WV bicycle accident attorney can provide expert advice on local injury laws.
What Should You Do Immediately After a Bicycle Crash?
The steps you take after a bike crash can impact your claim. As bicyclists face a high risk of being injured due to a lack of vehicle protection and fatalities rising annually, it is important to take quick steps for health and claim purposes.
- Seek medical attention immediately.
- Notify the police and obtain a crash report.
- Snap pictures of the scene, the bike, and the injuries.
- Obtain the contact information of witnesses.
- Maintain copies of all medical reports and estimates.
Medical reports are vital in linking the injuries to the accident.
Prove the Driver Was at Fault
To recover compensation, you must prove negligence. This means showing the driver failed to act with reasonable care.
Common causes of bicycle crashes include:
- Failing to yield at intersections
- Distracted driving
- Speeding
- Unsafe lane changes
Evidence may include police reports, traffic camera footage, and witness statements.
West Virginia follows a modified comparative fault rule. You can recover damages if you are 50% or less at fault, but your share of responsibility may reduce your compensation.
Understand the Types of Compensation Available
There may be financial and personal losses resulting from a bicycle crash. The claim should cover the full extent of the loss.
The compensation may cover:
- Expenses from the emergency room and the hospital
- Continued medical treatment
- Physical therapy
- Loss of income
- Reduced capacity to earn income in the future
- Pain and suffering
The Centers for Disease Control and Prevention states that traumatic brain injuries occur frequently in bicycle accidents. These injuries may result in long recovery periods and high medical bills.
How Do Insurance Companies Handle Bicycle Claims?
Insurance firms may attempt to deflect responsibility onto the cyclist. This may involve claims that the cyclist was not visible or failed to adhere to road rules.
An attorney will collect evidence to dispute these claims. The attorney will draft a comprehensive demand outlining liability and the total damages. If the insurance firm does not accept a reasonable offer, a lawsuit may be filed within the state’s legal deadline.
Time Limit to File a Claim in West Virginia
West Virginia has a two-year statute of limitations, meaning an injured plaintiff has 2 years from the date of the crash to file a personal injury lawsuit. Failure to comply with this deadline can result in an inability to recover.
Evidence can be lost over time, which is why investigation is crucial.
Key Takeaways
There is a straightforward process for receiving compensation after a bicycle accident. Here’s what you should know:
- You must prove negligence on the part of the driver to receive compensation.
- Strong evidence includes police reports, photographs, and medical records.
- You may receive compensation if you are 50% or less at fault in West Virginia.
- There is compensation for financial losses and pain and suffering.
- Insurance companies often attempt to place blame on the cyclist.
- You must file your claim within two years.
- Seeking legal action soon after the accident increases the likelihood of full recovery.
Seeking the services of an experienced bicycle accident lawyer can prove beneficial to you.
