Layton Bicycle Accident Lawyer
Bicycling is a popular alternative to driving in many parts of the country, and many Utah residents enjoy biking for leisure and exercise. While bicycling is healthy and can be quite fun, there is still a real potential for serious accidents when riding on busy streets. When bike accidents happen, injured cyclists should know how personal injury lawsuits work in Utah. It’s also wise to secure the services of a reliable Layton bicycle accident lawyer.
Common Causes and Injuries in Bike Accidents
Bicycles count as vehicles under state law, so bicyclists must ride with the flow of traffic, signal turns, and otherwise act as they would when driving a car. If there is a bike lane available, cyclists should remain in the bike lane to avoid car accidents. Several factors make bicycling alongside cars dangerous, however, so it’s up to each cyclist to use good judgment and avoid reckless maneuvers.
One of the most dangerous scenarios for a cyclist riding in a bike lane is a parked driver suddenly opening a car door. If there isn’t enough room or time to stop, the cyclist will crash into the car door, likely sustaining serious injuries. If the cyclist panics and swerves out of the way, he or she could veer into traffic, suffering catastrophic injuries. Most bicycling accidents happen due to visibility issues. A driver will have a harder time spotting a cyclist than another vehicle, due to the smaller size.
A bike accident can lead to broken bones, spinal cord injuries, severe lacerations, crushing injuries, spinal cord injuries, and traumatic brain injuries. Although a helmet can help prevent some head injuries, Utah does not require cyclists to wear them. When a bicyclist suffers such injuries due to a negligent driver, a personal injury lawsuit can help him or her recover. If you or a loved one was injured while riding a bike, speak with a Layton personal injury attorney experienced in bicycle accidents to learn more about your available legal options.
Compensation for Bicycle Accident Victims in Layton
Like any personal injury case, the plaintiff in a bike accident case must prove the defendant’s negligence to secure compensation. This requires proving the defendant owed the plaintiff a duty of care, breached that duty in some way, and the defendant’s actions directly resulted in the plaintiff’s damages. This may sound relatively straightforward, but many possible factors can complicate a personal injury claim. For example, the defendant may claim the bicyclist is fully or partially at fault for the accident. Under Utah’s contributory negligence law, this would mean the plaintiff would bear a percentage of the fault for the accident and lose a portion of his or her case award.
Once the plaintiff secures legal representation, his or her attorney will set to work gathering evidence to support the plaintiff’s claim and the extent of his or her damages. The attorney will also likely contact experts in the medical community to testify as expert witnesses. Expert witnesses relay complex medical information in layman’s terms to the jury so they fully understand the scope of a plaintiff’s condition and future complications.
Damages in a personal injury lawsuit for a bike accident often include:
- Medical expenses: The plaintiff can sue for any expenses related to medical treatment. This can include hospital bills, surgery fees, emergency transportation fees, prescription costs, and any costs for ongoing treatments like physical therapy or occupational therapy.
- Lost income: If an accident causes a plaintiff to miss work, he or she can sue for the wages lost in that time.
- Property damage: An injured cyclist can also collect compensation for the cost of repairing or replacing a bicycle, or other personal property damaged in the incident.
- Pain and suffering: Plaintiffs can sue for the physical pain and emotional distress caused by an accident. The jury will consider expert witness testimony to determine an appropriate amount.
The right Layton bicycle accident lawyer can make a tremendous difference in the outcome of a personal injury lawsuit for a bike accident in Utah.
Feller & Wendt, LLC | Local Layton Bicycle Accident Attorneys
A bicycle accident in Utah can lead to excessive medical expenses, not to mention the loss of quality of life. It is crucial that you receive fair compensation to regain as much of your quality of life as possible. At Feller & Wendt, LLC, we can protect your legal rights after sustaining injuries in a bike accident caused by the conscious decisions of another to violate safety rules. Our firm can help you recover damages so that you can focus on healing. Contact Feller & Wendt, LLC today to schedule a free legal consultation with a dedicated bicycle accident lawyer in Layton, UT.