Bicycle riding can be an enjoyable way to get around and maintain your good physical health. However, it also comes with a variety of risks, including being struck by a car while riding in traffic. If you plan to file a personal injury lawsuit after being hit by a negligent driver, there are a few factors that might affect your case.
1. Your Personal Health Coverage
If you have individual health insurance coverage, you may want to ask your provider about what options you have for paying your medical bills if you must present a co-pay upfront at the hospital or a clinic as you heal from your injuries. Your insurance provider may ask you to deal directly with the driver’s insurance company in lieu of filing a claim with your local representative.
2. Proof of Negligence
Before you can file a personal injury claim, you may have to prove the driver who hit you acted negligently. For example, did you or a witness see him or her talking on a cell or texting at the time of the accident? Did the driver try to beat a yellow light and struck you in the crosswalk? Was he or she exceeding the speed limit? It might be wise to contact the police and obtain a copy of the accident report, which may prove the driver was at fault.
3. Your Biking Habits
One important factor in your personal injury case might be your own actions at the time of the accident, as the defense may try to put the blame on you. The defending attorney might suggest you were crossing the street in an unsafe manner or were not watching traffic patterns closely. Having proof that you practice safe biking, such as using protective gear and proper lighting for riding at dusk, may help solidify your case.
4. The Driver’s Insurance Coverage
In most cases, it is the driver’s insurance that covers the cost of your medical bills if he or she was responsible for the accident. However, if the driver does not have coverage that pays out in case of personal injury, you may find that any insurance compensation will be limited. If this is the case, you might want to obtain legal representation and build a personal injury case to gain additional compensation.
If you were injured in a biking accident that was the result of someone else’s negligence, there are many different factors that might affect your ability to file a personal injury case. Reach out to a bike accident lawyer in Memphis, TN today for further information and to schedule an initial consultation.
Thanks to Patterson Bray for their insight into personal injury claims and circumstances that may affect a bicycle accident injury claim.