process for resolving a bicycle or pedestrian accident case typically involves several steps. Here is a detailed explanation of each step
Table of Contents
Gathering information
The first step is to gather all relevant information about the accident. This includes obtaining the contact details of all parties involved, including witnesses, and documenting the scene of the accident through photographs or videos. It is crucial to collect any available evidence, such as police reports, medical records, or surveillance footage, that can help establish liability.
Seeking medical attention
If you are a victim of a bicycle or pedestrian accident, it is essential to seek immediate medical attention, even if you believe your injuries are minor. Prompt medical evaluation not only ensures your well-being but also creates a record of your injuries, which can be crucial for your case.
Contacting the authorities
It is important to report the accident to the appropriate authorities, such as the police or local law enforcement. They will create an official report detailing the incident, which can serve as valuable evidence during the legal process.
Consulting an attorney
It is highly recommended to consult with an experienced personal injury attorney who specializes in bicycle or pedestrian accidents. They can provide legal advice, evaluate your case, and guide you through the entire process. An attorney will help protect your rights, negotiate with insurance companies, and represent your interests in court if necessary.
Investigation and evidence gathering
Your attorney will conduct a thorough investigation into the accident, collecting evidence to support your claim. This may involve interviewing witnesses, reviewing medical records, analyzing accident reports, and consulting with accident reconstruction experts if needed.
Determining liability
Establishing liability is a crucial aspect of any bicycle or pedestrian accident case. Your attorney will work to determine who is at fault for the accident by examining factors such as negligence, traffic laws, and any other relevant circumstances. Liability can be attributed to the driver of a vehicle, a property owner, or even a municipality responsible for maintaining safe road conditions.
Negotiating a settlement
In many cases, the parties involved, along with their insurance companies, may attempt to reach a settlement before going to court. Your attorney will negotiate on your behalf to secure a fair and just settlement that compensates you for your injuries, medical expenses, lost wages, pain, and suffering.
Litigation
If a settlement cannot be reached, your attorney may advise filing a lawsuit and taking the case to court. This involves presenting your case before a judge and jury, who will determine liability and the amount of compensation you may be entitled to receive.
Resolution
Once a settlement is reached or a court verdict is obtained, the case will be resolved. If a settlement is reached, you will receive the agreed-upon compensation. In the case of a court verdict, the responsible party will be legally obligated to pay the determined amount.