How to Prove Loss of Earnings in Personal Injury Cases
With high gas prices and growing concerns about the environment and personal fitness, many people have returned to bicycle riding as a mode of transportation and recreation.
Bicycle accidents are common in Pennsylvania and can lead to severe injuries for cyclists. If you have been injured while riding a bike, you should contact a personal injury lawyer with experience handling bicycle accident cases, such as the team at Solnick Lawyers, to protect your legal right to compensation.
Bike riding is a fun and healthy activity but, unfortunately, it also carries dangers. Bicyclists that are involved in traffic accidents can be seriously injured or killed, especially when the accident involves motor vehicles. When riding a bicycle, the best way to avoid an accident is to ride responsibly and take appropriate safety precautions, including:
The Pennsylvania Department of Transportation gives more detailed guidance on Bicycle Safety and Laws here.
According to the Pennsylvania Department of Transportation, the majority of bicycle accidents in 2020 happened at intersections, and more than half of all bicycle crashes happened at a stop sign or traffic signal. Take extra care in these situations, and watch out for vehicle drivers who may not be paying attention to the road users around them. Bicycle accidents are often the fault of inattentive and distracted drivers.
Some common causes of, and contributing factors to, bicycle accidents on our roads are:
A cyclist involved in an accident with a vehicle can suffer devastating injuries, especially if they are not wearing appropriate safety gear such as a bike helmet. Often, a helmet is the only protection a cyclist has from the force of a collision with a motor vehicle, obstacle, or road.
Head and brain injuries are common in cycling accidents and can be fatal. One recent study found that approximately 75% of all fatalities in bicycle accidents were caused by head injuries, and 85% of those could have been prevented by wearing a bicycle helmet.
Bicycle accidents are a frequent cause of fractures and spine injuries. Any neck and back injury can lead to chronic, aggravating problems and long-term pain or discomfort, which can have a major impact on an accident victim’s quality of life.
Broken bones, lacerations, internal injuries, and other major injuries can result when a cyclist is involved in an accident with another motor vehicle. These injuries can require hospitalization, surgery, physical therapy, pain medication, and other medical treatments. Recovery from major injuries requires time, patience, and often significant physical discomfort and financial loss.
If you have been involved in a bicycle accident, follow these steps:
Get medical attention – Your health and safety come first. Call 911 if you need emergency medical attention or go to an emergency or other healthcare provider for evaluation and treatment. Keep a copy of any medical report as evidence for any future claim.
Collect evidence – Photos and videos at the scene of the bicycle accident may be used in an insurance claim or lawsuit. Get contact details of any witnesses and insurance details from any vehicle drivers involved in the accident. Also, take pictures of any visible injuries you may have suffered.
Contact a bicycle accident attorney – You should take steps to get advice on your legal rights following a bicycle accident, and you will benefit by having an experienced bicycle accident attorney to represent you against the insurance companies which will seek to minimize the amount of your compensation. An experienced bicycle accident attorney will explain your right to compensation for your medical bills, lost wages, bicycle damage, and pain and suffering, and help you to get the maximum compensation to which you are entitled as a result of your accident.
If you suffer injuries in a bicycle accident, you may be entitled to compensation from at-fault drivers or their insurers. Fair compensation should cover your past and future financial losses, as well as your pain and suffering as a result of a bicycle accident, though insurance companies will often try to offer an injured victim a settlement amount that does not cover all of this harm. The main elements of any compensation award in a personal injury claim will include the following:
Pain and suffering is a legal term that covers the physical pain or discomfort and mental trauma that you suffer due to your bicycle accident. This does not include your medical bills or lost wages. It is instead the dollar value that a jury would put on your physical and mental suffering, and can be difficult for an unrepresented plaintiff or inexperienced lawyer to determine and maximize.
You are entitled to be compensated for the wages and benefits that you have lost due to missed work, or changes to your earning ability, as a result of the bicycle accident. If your injuries have left you unable to work the job or the hours that you did before the accident, this must be considered in your compensation award. Any periods of time which you must take off from work for medical care or to recover from your injuries are also compensable.
Medical bills include all of your past medical expenses as a result of the accident, as well as your estimated future medical expenses. This would cover hospital and doctors’ bills, physical therapy, pharmacy costs, medical equipment, and other medical expenses.
With decades of experience representing the victims of bicycle accidents and other personal injury victims, the bicycle accident team at Solnick Lawyers law offices can help you to get maximum compensation for your injuries and losses. Bicycle accident victims are often pitted against large auto insurance companies who want to minimize their liability to innocent victims. Unfortunately, many unrepresented victims do not know the full value of their claim, or are overwhelmed by the tactics of large insurance companies, and end up with inadequate settlement offers or compensation awards. A bicycle accident law firm, like Solnick Lawyers, has the skills and knowledge to get you the compensation that you deserve.
Solnick Lawyers has been representing bicycle accident victims in the Greater Philadelphia area, and throughout Pennsylvania and New Jersey, for more than 20 years. We are not intimidated by the tactics of aggressive corporations, insurance companies, or government agencies. We face them day after day in negotiations and courtrooms to secure justice for our clients, and we will do the same for you. We are on your side.
At-fault drivers accused of causing serious injuries in bicycle accident claims will try to avoid or minimize their liability. Pennsylvania follows a modified comparative negligence model in bicycle accident cases. This means that the amount of damages an injured accident victim is entitled to will be reduced by an amount that is proportionate to the victim’s own negligence.
For example, if a bicycle accident victim is found to be 30 percent responsible for the accident, and the claim is initially worth $100,000, the victim’s damages will be reduced by $30,000.
It is not surprising, therefore, that many at-fault drivers try to assign blame to the bicyclist.
Common defenses to bicycle accident claims include:
Experienced Pennsylvania bicycle accident attorneys can fight these defenses and establish that the injured victim was not responsible for the crash.
All legal claims must be filed within the applicable statute of limitations. The statute of limitations is a deadline that limits how long people have to file their cases.
For bicycle accidents in Pennsylvania, the statute of limitations is generally two years from the date of the accident.
If an accident victim fails to file a claim before the statute of limitations has expired, the accident victim will likely be barred from ever filing a claim, leaving them with no compensation for medical expenses, lost wages, and other losses, even if they were not at fault for the accident.
In the United States, around half a million people are injured in bicycle accidents every year. Some of the most frequently cited injuries include:
If you were injured in a bicycle accident due to the negligence of another person, you may be able to file a claim to recover the cost of your medical bills and other expenses, not to mention compensation for pain and suffering
Even if you are unable to identify the driver responsible for your bicycle accident case, you may still have legal recourse.
For example, you may be able to use coverage from your own insurance policy. If you have uninsured motorist coverage, you will be able to file a claim for your losses. In Pennsylvania, those injured by hit-and-run drivers may use their uninsured motorist coverage to pay medical bills, property damage, and other expenses. There are also various ways to investigate and track down hit-and-run drivers, depending on the circumstances.
You should seek legal advice as soon as possible if you were injured in a hit-and-run bicycle accident.
It is always best to have the advice and guidance of an experienced Pennsylvania personal injury attorney in an accident claim. In recent years, Pennsylvania has enacted laws that involve cyclists and cycling accidents. Not all regulations are common knowledge, so working with bicycle accident attorneys that understand these regulations can help significantly in building your case.
Hiring an attorney allows you to focus on recovering from your injuries while your claim is being handled. Rather than trying to meet deadlines and gather evidence, you can rest at home and regain your strength while putting an attorney on your side who will protect and enforce your legal rights and get you the compensation you deserve.
There are numerous legal requirements that must be met to prevail in a Pennsylvania bicycle accident claim. Experienced bicycle accident lawyers have a network of experts they may consult to strengthen your case. In addition, they know what types of evidence need to be submitted in your case–and how to obtain that evidence. A lawyer can help you work with police in cases of hit and run drivers or any other situation that presents itself at the auto accident site. They can help you get statements from witnesses to build your case.
However, time is limited in bicycle accident claims, so do not delay in seeking legal advice.
If you or someone you know has been injured in a bicycle accident, or if you ride your bike often, knowing who to call in the case of an accident is important information. Keep us in mind, and we’ll be there to help keep you protected.
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