You ride your bicycle safely. Regardless, a motorist may have been driving too fast or violating other road rules and, as a result, slammed their car into you while you were riding your bike. After this incident, review your legal options with a bicycle accident lawyer in Coventry.
Gemma Law has recovered millions of dollars in compensation for our clients. Trust our Coventry personal injury lawyer to help you with your bike accident case. We may be able to secure compensation for you through a cycling accident claim or lawsuit. Contact us today for more information.
Why You Should File a Bicycle Accident Claim in Coventry, Rhode Island
File an insurance claim if you are injured in a cycling accident and another party may be responsible. Your claim is an opportunity to request compensation for the costs of treating your injuries and other accident losses.
Your bicycle accident attorney in Coventry can explain the process for filing a claim. They can communicate with an at-fault party’s insurance company on your behalf. Ideally, they can negotiate a settlement that serves you well as you recover from your accident.
If you are interested in talking with a personal injury lawyer, reach out to the team at Gemma Law. We have over 100 years of combined experience and will use our expertise to assist you with your cycling accident claim. To get started, schedule a free case consultation.
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Problems That Could Come Up After You File a Bike Accident Claim
Once you file a bike accident claim, the liable party’s insurance company may dispute or delay it. The business could say that you did something that caused your accident or failed to process the claim paperwork promptly. Alternatively, the company could offer you a settlement amount less than the losses you’ve incurred.
Your Coventry bicycle accident lawyer can share FAQs and other resources on the claims process and issues you may face along the way. If you do not receive a reasonable settlement offer, your attorney may advise you to pursue a bike accident lawsuit.
According to Rhode Island General Laws § 9-1-14, you generally have three years from the date of your injury in a cycling accident to sue any responsible parties. If this window closes, you may lose the right to file a lawsuit later.
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What a Bike Accident Lawsuit Entails
After your lawsuit is filed, your lawyer can build your case for compensatory damages. In their argument, they may detail how the defendant committed a careless or reckless act, which may have contributed to your accident. They may also highlight your tangible and intangible accident losses.
Leading up to your trial, your attorney may gather witness statements, accident scene photos, police reports, and other evidence. If your lawyer has relevant evidence, they may be well-equipped to secure a settlement before your trial date.
In many instances, a lawsuit may not be reopened after a settlement in Rhode Island. Your lawyer can help you weigh the pros and cons of a settlement offer. If you do not receive a proposal that you feel is sufficient, your lawyer can argue to a judge or jury why damages are warranted.
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Compensation That You Can Recover in a Cycling Accident Lawsuit
The compensatory damages that you recover will depend on your cycling accident losses. Your attorney can fight to get you economic and non-economic damages. Below are damages that a judge or jury may award to cycling accident victims or their families:
- Medical expenses
- Pain and suffering
- Diminished earning capacity
- Loss of income
- Burial and funeral expenses if you’ve lost a family member in a fatal bike accident
Just because you file a lawsuit for a cycling accident doesn’t guarantee that you’ll obtain these or other damages. Your lawyer may explore many legal avenues as they work to achieve your desired outcome in your case. They may focus their argument on negligence and proving to a judge or jury that an at-fault party put you in danger and caused your accident.
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How Negligence Can Impact the Outcome of Your Bike Accident Case
Negligence can play a role in deciding your case. A judge or jury may consider negligence when determining whether damages are warranted. Because of this, your lawyer may put together an argument centered on these elements of negligence:
- Duty of Care: A party has an obligation to comply with a standard of care.
- Breach of Duty of Care: This party violates the aforementioned standard by engaging in conduct that could harm you or others.
- Causation: The party’s actions may have contributed to your bike accident.
- Damages: You’re dealing with losses due to the party’s actions.
Per Rhode Island General Laws § 9-20-4, you may be subject to pure comparative negligence if you file a cycling accident lawsuit. If you are found to be partially at fault for your bike accident, a judge or jury can reduce your damages by your percentage of fault.
Who Can Be Liable for a Bicycle Accident
The party responsible for your bicycle accident will be based on the circumstances of the incident. Your attorney can interview witnesses and take other steps to determine who may be liable for your accident. Parties that could be named as defendants in bike accident lawsuits can include:
- Motorists
- Bike manufacturers
- Bike parts manufacturers
- Government entities
If your lawyer argues your case in court, they want to show a judge or jury that you were involved in an accident while riding your bike and are not fully to blame. They may use evidence from a wide range of sources to support their argument. On top of that, they can contest any claims that the defendant makes against you.
Partner with a Coventry Bicycle Accident Lawyer Who Treats Clients Like Family
Work with a Coventry bicycle accident attorney from Gemma Law. Our attorney can handle your legal matters while you prioritize your recovery from your bike accident. To learn more, request a free case consultation.
Call or text (401) 467-2300 or complete a Free Case Evaluation form