If you’ve been hit by a car while riding a bicycle or have lost a loved one to a bicycle accident, you may be unsure about what to do next. The best source of information about your bicycle accident claim is always an experienced Florida bicycle accident lawyer. The information here will give you a general idea of what to expect as you pursue compensation after a bicycle accident.
Immediately after a Bicycle Accident
The first steps after a bicycle accident aren’t strictly part of the legal process, but are still important. These include:
- Calling the police or having someone else do so
- Letting emergency responders check you out and/or going to an emergency room or other medical facility
- If you’re able, taking photographs or video of the accident scene
- If you’re able, gathering contact information from anyone who witnessed the accident
- When you are in a safe place and have received any necessary medical care, writing down everything you can recall about the accident
Pursuing Damages after a Bicycle Accident
Filing an Insurance Claim after a Bike Accident
When you’re ready to pursue compensation for your injuries and other damages, the first step is to file a claim with the responsible driver’s insurance company. Ideally, the claim will be filed for you by a local bicycle injury attorney. When you file a claim on your own, the insurance company will likely take advantage of the opportunity to try to diminish your claim. For example, they may try to get you to agree to a quick settlement before you know the full extent of your injuries. If that happens, you could end up footing the bill for big medical expenses later.
When you hire the injury lawyers at Harrell & Harrell, we’ll manage your claim from the start. Our attorneys have the experience to know what types of damages you’re entitled to and what medical information and other information is needed before you can consider a settlement. We also know the tactics insurance companies use to try to minimize or avoid payment. And, we have deep knowledge of the substantive and procedural law we’ll need to draw on if it turns out that the best answer for you is to take your case to trial before a Jacksonville jury.
Settlement Demand and Negotiation
Your bicycle accident lawyer will send a demand to the insurance company. In most cases, the demand and at least some negotiations will happen before a bicycle accident lawsuit is filed. In some cases, though, your attorney will recommend filing the lawsuit sooner. For instance, if you waited a while to contact the attorney and now the deadline for filing your case is approaching, your attorney may need to file the case to preserve your rights. Filing the case also gives your bicycle accident attorney additional options for obtaining information from the insurance company and the driver who hit you.
The demand letter tells the insurance company how much money you’re asking for, and provides support for that demand. The supporting documentation may include medical bills, evidence of lost wages, photographs, the police report, witness statements and more. Usually, that kicks off a period of negotiation. In some cases, your attorney and the insurance company’s lawyer may agree to try mediation.
In mediation, a neutral mediator gathers information from both sides and tries to help facilitate an agreement. The mediator isn’t a judge, and they don’t make any decisions about your settlement. If you’re happy with the offer that comes out of mediation, the attorneys will draw up an agreement. If you can’t reach an agreement, the case continues to move forward.
Pre-Trial Discovery
On television, big reveals and surprise witnesses are common in the courtroom. But, that’s not how it works in real life. In the time between filing of a personal injury case and the trial date, the two sides use a number of legal procedures to collect information from each other and from witnesses and others. This may include requests for production of documents, interrogatories (questions the receiving party must answer under oath) or depositions (where a party or witness answers questions live under oath and a court reporter creates a transcript).
The court will also set dates for each party to provide certain types of information, such as a list of witnesses they may call at trial. Negotiations may continue while this exchange of information is underway.
The Bicycle Accident Trial
Most bicycle accident cases–like most personal injury cases of other types–don’t go to trial. The vast majority are settled, whether early in the process or on the verge of trial. Still, it’s important to work with a bicycle injury attorney who is willing and able to take your case to trial if that’s the best approach.
If your case goes to trial, your attorney will subpoena witnesses, prepare exhibits, and help you prepare for trial. What type of evidence is admissible, how that evidence is admitted, what type of questions may be asked of witnesses and other issues are governed by the Florida Rules of Civil Procedure. In some courts, local rules may also apply. When you hire an experienced bicycle accident attorney, they’ll be responsible for knowing the rules and following proper procedures. If you don’t have a lawyer, you’ll still be expected to follow the rules.
A jury will be selected, and your bicycle accident lawyer and the insurance company’s attorney will have a chance to make pre-trial motions, such as motions to exclude certain evidence. Then your attorney presents evidence, including calling witnesses. As each witness testifies, the insurance company’s lawyer gets a chance to ask them questions. Then, it’s the insurance company’s turn to present evidence. Throughout this process, the attorneys may object to questions asked or evidence offered.
In some cases, the insurance company will make another settlement offer after the trial has started. If that doesn’t happen or you decline the offer, the jury will receive instructions from the court and discuss the case among themselves. In Florida, the jury must reach a unanimous agreement.
An Experienced Bicycle Accident Lawyer is Your Best Resource
At Harrell & Harrell, our attorneys put their knowledge and experience to work for victims of motor vehicle accidents every day. When we take your bicycle accident case, we manage everything from negotiations with the insurance company to management of deadlines and other technical requirements to building the strongest possible case for you. If it turns out to be the best approach for you, we’ll fight for you in the courtroom.
To learn more about your rights and options after a bicycle accident, schedule your free consultation right now. Just call (904) 251-1111 or fill out our contact form.