A bicycle accident can leave you on a long road to both physical and financial recovery. This reality leaves everyone searching for answers and guidance. And while there are no easy answers to these questions, a bicycle accident lawyer in Sugar Land can provide some advice.
Our commitment to serving hardworking citizens involved in unfortunate accidents drives our team. In our over 15 years of serving the community, our staff has gathered the requisite knowledge and experience to capably represent you.
Call D. Miller & Associates, PLLC to schedule your free consultation today: 713-850-8600.
What Damages Can I Collect for My Bicycle Accident?
You may be entitled to compensation for both economic and noneconomic damages, depending on the circumstances of your bicycle accident.
- Miller & Associates, PLLC can help you claim the following economic damages:
- Current medical bills: It is likely you will require medical attention following your accident. That medical treatment often includes therapy, expensive surgeries, and more. Documents such as receipts and prescriptions will factor into determining the value of your claim.
- Lost wages: If your injuries require significant medical treatment, then you are likely physically incapable of completing your duties at work. Documents such as pay stubs and letters from your employer with rate of pay, title, and typical hours worked also help establish your losses.
- Future medical expenses: Many of the injuries that commonly result from bicycle accidents require long-term, if not permanent, medical care. If this is the case for you, we can seek long-term compensation on your behalf.
- Loss of long-term earning potential: If your injuries require long-term care or leave you impaired, you could require a career change or be unable to return to work at all. If this is the case, we will argue that you deserve compensation to address this lost potential.
Noneconomic damages are harder to quantify, but you deserve compensation for them nonetheless. Noneconomic damages D. Miller & Associates may seek on your behalf include:
- Pain and suffering: If you sustained extensive injuries following your bicycle accident, you could be due additional compensation. Unlike medical damage claims, these damages do not have a specific dollar amount. We can talk to your doctor and other experts to determine how the accident has affected, and will continue to affect, you. We will also discuss your case with friends and family to get a better idea of the emotional losses you suffered.
- Mental anguish: It is not uncommon for bicycle accident victims to experience symptoms of mental anguish and depression. Sleep disorders, post-traumatic stress disorder, nightmares, and stress are all possible after a bicycle accident. Mental anguish damages differ from case to case.
How Do I Prove the Other Party Is Liable for My Damages?
In every injury case, the plaintiff (you) must prove the other party behaved negligently and caused your accident to occur. When you work with D. Miller & Associates, PLLC, we will handle determining liability and proving fault.
We will gather evidence to prove the following:
Duty of Care and Breach of Duty
The at-fault party owed you a duty and breached it. Breaches of duty for an at-fault driver might include:
- Failing to yield to bicycles
- Encroaching on a bike lane
- Failing to remain three feet from the bicyclist
- Failing to check blind spots before changing lanes
If you suffered injuries in an accident caused by a road hazard, a breach of duty could include a design flaw or a failure to maintain the road in a safe manner.
Causation and Damages
The breach of duty must have been the direct cause of the accident, your injuries, and damages (e.g., medical bills, lost wages).
To prove causation, we might need evidence such as:
- Eyewitness statements
- Surveillance video
- Red light camera footage
- Photos of the accident scene, the position of any involved vehicles (including the road surface, any potential road hazards such as potholes)
- Medical records (to prove your injuries did not exist before the accident)
- The driver’s cell phone records
- Expert testimony (to establish how the accident could have caused your injuries)
Can I Recover Compensation If I Was Partially At-Fault?
Yes, but only if you were less than 51 percent at-fault for the accident. It is important to note that your percentage of fault will decrease your settlement value.
For example, say you were 25 percent at-fault for a bicycle accident and the other party was 75 percent at-fault. If you requested $50,000, you would only recover 75 percent of the demand (i.e., $37.500).
Insurers want to save themselves as much money as possible, so you can be sure the other party’s insurance company will attempt to place as much blame on you as possible. We know these tricks and how to defend against them.
Call D. Miller & Associates, PLLC Today for a Free Consultation
- Miller & Associates prides itself on offering quality service to Sugar Land residents. We always put you first. Call us now for a free consultation at 713-850-8600.
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