To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Biking is an enjoyable form of exercise and a sustainable mode of transportation for many Logan residents. Unfortunately, not everyone watches for bicyclists on the road, and accidents occur. Whether caused by a negligent driver or a reckless fellow cyclist, these injuries deserve to be compensated in a personal injury lawsuit.
Were you or a loved one hurt in a bicycle crash? An experienced Logan bicycle accident lawyer can explain your options and create a strategy for pursuing compensation.
Whenever an accident occurs in West Virginia, the person “at fault” is responsible for the resulting damages. Depending on the reason the accident occurred, any number of parties could be liable for a crash. For instance:
In addition, West Virginia follows a modified comparative negligence rule. This means that even if the bicyclist is partially to blame for the accident in Logan, they may still be able to recover damages. To recover compensation, the bicyclist must be less than 50% to blame. Additionally, any award will be reduced by the percentage of fault assigned.
The first step to recovering compensation is documenting the accident, injuries, and losses suffered. If possible, bicyclists should take photos and videos of the accident, bike damage, and any visible injuries. Surveillance footage, police reports, and medical records are also crucial for proving what occurred. The injured party will also want to keep all medical receipts and may want to maintain a diary of any symptoms caused by the crash.
The next step is to file a claim against the responsible party or their insurance. The claim should include information about the accident, what occurred, and the resulting damages. This is a critical step to recovering compensation, so it is important to be diligent when making a claim for monetary damages.
Engaging with knowledgeable bicycle accident attorneys early may also be advisable. A lawyer can help gather evidence related to the accident and injuries and calculate damages, and most importantly, they could negotiate a fair settlement or present a case in court.
Gathering evidence and filing a claim are just the first steps. After a claim is filed with the insurance company, the insurer will review it and may either make an offer or deny coverage. After an offer is made for the bicycle accident compensation, a Logan attorney can review it and negotiate the terms of the settlement.
If coverage is denied or a settlement is not possible, it may be necessary to file a lawsuit. Generally, there is a two-year deadline to file a Personal Injury lawsuit. The clock starts ticking from the date the injury occurred, so quick action is essential.
After the lawsuit has been filed, the court will set a number of deadlines and dates before the trial. Both sides will perform discovery by exchanging evidence related to the case, and they will also usually file motions and attend hearings. If the parties are still unable to settle, the case will go to trial, and both sides will argue their case to a judge or jury.
Every injury case has its own challenges, and bicycle accidents are no exception. If you are suffering from a biking crash or a loved one was injured or killed in one, you need to take action. A Logan bicycle accident lawyer is ready and waiting to answer your questions and help you fight for fair compensation.
Trust the Personal Injury team at Jan Dils, Attorneys at Law to assist you with your claim. Contact us today to schedule a free consultation and learn about your options.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law