If you are seeking compensation for injuries sustained in a bicycle accident, you may find it hard to do so without the assistance of an attorney. Bicycle accidents may be common; however, if you are not familiar with the legal process, it can be hard to hold the responsible party accountable while you deal with your injuries. An experienced bike accident attorney can help relieve some of the stress for you and offer legal aid. Here’s how they can benefit you and your case:
Handling Communications with Insurance Companies
As an accident victim, you should avoid speaking with the at-fault party’s insurance company before you hire an attorney. Your lawyer can communicate with the insurance company for you. They always keep your interest in mind to make sure you could get compensated for your injuries. They are familiar with the tactics that insurance companies will use when dealing with claims and know how to approach them.
Proving Fault for the Crash
A skilled lawyer will use compelling evidence that offers information on what caused the accident to prove fault or liability. They will first get a copy of the police report to establish the cause of the accident. Your attorney will use the testimony of drivers, eyewitnesses, and passengers to collect the necessary information.
Depending on the kind of fault, the lawyer can also use other evidence. For instance, a breathalyzer test or blood alcohol levels can establish whether a driver consumed alcohol while driving when the accident took place. Also, cell phone records can demonstrate that a driver was texting or talking while driving and hit a bike. Your lawyer can evaluate your case and determine the kinds of evidence you need to prove liability.
Protecting Your Interests When You are Partially at Fault
Even if you are partially responsible for the accident, you can still receive compensation for your injuries. But, you could lose a portion of your case award if you contributed to the accident or your damages. Often, if you are partially responsible for a personal injury, you and the defendant will be assigned fault percentages based on your conduct. In the state of Oregon, you will still qualify for compensation if your percentage of fault is lower than the defendant’s fault percentage. Your attorney will make sure you get what’s owed to you.
If you know that you are partially responsible for the bike accident, you must honestly evaluate your situation’s facts to determine if you are eligible to sue for compensation. If a jury finds you more at fault than the defendant, you won’t be able to collect compensation and may need to pay the defendant’s costs, lawyer’s fees, and potentially compensation when the defendant files a counterclaim. Your lawyer will help you make the right decision.