Although bicyclists have a clear right to share the road with motor vehicles, drivers do not always respect or recognize that. As a result, bicyclists frequently become involved in accidents and can be severely injured in them. If you or a family member have suffered harm due to a negligent driver, you should consider consulting an Olive Branch bicycle accident lawyer to help determine the possibility of filing a legal claim arising from your bike accident.
When struck by a car, bicyclists have nothing to protect them from the full weight and size of the vehicle. Because of this, injuries from these types of accidents can be overwhelming and lead to permanent impairments in some cases. Experienced personal injury attorney David E. Gordon can examine your situation and help you decide if you want to pursue a claim for compensation.
Typical Causes of a Bicycle Accident
Various circumstances can lead to bicyclists becoming involved in catastrophic accidents with motor vehicles. Some of the most common ways a collision occurs involve:
- Truck drivers cutting off bicyclists when entering roadways or making right turns
- Negligent motorists running stop signs or traffic signals into the path of an oncoming cyclist
- Drivers sideswipe or rear-end bicycles by traveling too closely
- Occupants of parked cars opening their door into the rider’s path
All of these negligent actions can cause significant injuries, some of which could be fatal to the bicyclists involved. If the negligence of a motorist was the direct cause of an injury, individuals could have grounds for filing a personal injury claim. For determining the basis of that claim, a bicycle accident legal advisor in Olive Branch could be highly advantageous.
Meeting the Statute of Limitations in Olive Branch
Miss. Code § 15-1-49 sets a deadline for potential plaintiffs to file a claim. Failure to meet this deadline can result in victims being unable to seek compensation from other parties, even if the motorists were fully responsible for the accident. Typically, individuals who have been injured in a bicycle accident must file their lawsuits in court no later than three years following the date of the accident.
Some exceptions to this general rule do exist, such as claims against governmental entities. In those cases, the statute of limitations decreases to only one year from the accident date. To make sure their claim is filed on time, individuals should contact a bicycle accident lawyer in Olive Branch for advice as soon as possible.
Seeking Damages in a Bike Collision Claim
The expenses arising from a bike accident can be significant. Aside from the medical costs related to the treatment of injuries, some expenses could be ongoing if a biker has sustained lasting conditions requiring further treatment. Likewise, another significant damages award in a personal injury lawsuit may be the loss of income from an inability to work.
Some potential damages are not easily measurable. This could include intangible losses, such as pain and suffering, emotional distress, and alterations to the life of the injured person. Proof of how the injury has affected the individual is necessary in order to obtain these noneconomic damages.
In certain cases, drivers who acted intentionally or in a criminally reckless manner may even be subject to punitive damages. Although these damages are not routine forms of compensation in most bicycle injury cases, they can be appropriate when a jury wishes to punish the wrongdoers and discourage others from behaving in the same manner. By consulting legal counsel at the outset of any potential personal injury claim, a claimant could obtain the compensation they need while working on their physical and emotional recovery.
Look to an Olive Branch Bicycle Accident Attorney for Guidance
Suffering significant injuries in a bike crash can mean a lengthy recovery period. During that time, you could be steadily accruing medical bills and financial damages. You may also not have the ability to work while you are healing. Allowing an Olive Branch bicycle accident lawyer to represent your interests in your case may allow you to focus on your own wellbeing rather than your financial concerns. Call attorney David E. Gordon today for help filing a claim today.
