Lawyer for Bicycle Accident in Herculaneum, MO
Herculaneum, MO Personal Injury Attorneys
Call 866-382-4167 for a Free Consultation | Herculaneum, MO Lawyer for Bicycle Accident
Lawyer for Bicycle Accident in Herculaneum, MO. Riding a bicycle is a wonderful way to exercise and enjoy the freedom of the outdoors. But too often, bicyclists don't receive the same respect that motorists do and end up injured because of someone else's negligence. If you were injured in a bike accident even after you did everything that you were supposed to, the lawyer for bicycle accident team of Halvorsen Klote is here to fight for the compensation you are rightfully entitled to. We offer expert legal representation clients in Herculaneum, MO and throughout the Greater St. Louis area and Southern Illinois. Talking to us is free, and you do not owe us anything unless we secure you the recovery you are owed. Speak directly to an accomplished and friendly bicycle accident lawyer by calling 866-382-4167 or by contacting us online.
Why Should You Hire a Lawyer for Bicycle Accident Cases in Herculaneum, MO?
While some simple cases for relatively minor injuries can be handled without the help of an attorney, most require an experienced bicycle accident lawyer in Herculaneum, MO to secure the optimal result. A personal injury lawyer in Herculaneum, MO can provide assistance in a range of aspects:
Maximizing Compensation and Ensuring Fair Settlements
The purpose of making an injury claim is to get compensation. While insurance companies try to offer as little money as possible, bike accident attorneys can help you optimize your compensation by:
- Gathering evidence that proves the other party's liability
- Proving how all of your damages related to the accident are included by the insurance policy
- Calculating the complete scope of your damages and all the compensation you are eligible for
- Finding supplementary insurance coverage if your damages exceed the policy limits
- Making sure the insurance company follows the law honestly and morally
Negotiating With Insurance Companies to Protect Your Rights
Dealing with a discompassionate claims adjuster can feel frustrating. It's their job to help me, isn't it? Yes, but they'll do everything they can to avoid assuming that responsibility.
Insurance companies often depend on claimants knowing scant about injury and accident law to provide as minimal money as possible. We'll ensure they understand their lawful responsibility to reimburse you for all your damages.
Bicycle accident cases involve intricate legal processes, including acquiring evidence, deposing people who saw the accident, reviewing medical records, and negotiating with insurance adjusters. People who are unfamiliar with injury claims can make errors or miss important details. By hiring a lawyer specializing in bicycle accidents, your legal standing becomes a strength, not a disadvantage.
You didn't ask to be injured and you shouldn't have to deal with the consequences. Let us handle ensuring your compensation while you focus on healing.
Gathering Evidence to Strengthen Your Case
Some cases are more difficult to prove than others. For your bicycle accident case, you'll need an attorney to interview witnesses, review medical records, and connect your injuries to your accident, as well as interview witnesses who can corroborate your story. The more complicated your case, the more proof is needed. Knowledgeable bicycle accident attorneys like those at Halvorsen Klote will know how to locate the evidence needed to win your claim.
Representing You in Court if Filing a Lawsuit is Necessary
Most bicycle accident cases settle out of court. However, if liability isn't clear, your damages are high, or other complications arise, the insurance company is going to oppose against your rights. That's why you need seasoned injury attorneys in your corner to bring a legal action and bring them to trial if necessary.
As experienced Herculaneum, MO trial attorneys, Halvorsen Klote can be by your side for the duration of your case, from our first consultation through a jury or bench trial.
How Common Are Bicycle Accidents in the Herculaneum, MO Area?
In 2020, there were 938 bicyclists killed in motor vehicle accidents nationwide, according to the National Highway Traffic Safety Administration, more than any other year since 1987. According to research from the National Safety Council, that same year there were 325,173 nonfatal injuries in bicycle accidents. Kids ages five to 14 are at the highest risk for injuries, while adults aged 55 to 64 are at the highest risk for deaths.
In Missouri, in 406 total crashes, 351 people sustained nonfatal injuries and six people perished, according to the Missouri Traffic Safety Compendium. In Illinois, there were 2,180 bicycle accidents, which lead to 28 fatalities and 1,995 injuries
Across the U.S., the vast majority ofMost bicycle accidents occur in urban areas where traffic is more congested. Thirty-one percent of bike crashes happen between 6 p.m. and 6 a.m., when visibility is at its lowest.
While bicycle accidents make up only one percent of trips, annually they account for over twice that in traffice-related fatalities. The disparity points to the ruinous destruction drivers can cause when they don't look out for bikers, and how important safety measures like helmets and lighting are.
What Are the Most Common Causes of Bicycle Accidents in Herculaneum, MO?
Each accident is unique, but most bike crashes are caused by driver error or unsafe road conditions. Below are the most common examples of what we see typically leads to bike accidents:
- Drivers failing to pay attention
- Drivers neglecting to to yield the right of way
- Drivers neglecting to to obey bike lane laws
- Drivers passing dangerously
- Opening a door after parking on the side of the road seeing if a biker is coming
- Reckless driving
- Driving under the influence
- Road signs that impede a motorists vision
- Road hazards
- Inadequately marked construction sites
- Pedestrians not paying attention
- Defective car or bike components
While most bike accidents happen at intersections, a National Transport Safety Board report stated that accidents between intersections cause more serious injuries because both the motor vehicle and bicycle are traveling at higher speeds. Your Herculaneum, MO bike accident lawyer at Halvorsen Klote will conduct a comprehensive investigation into your accident to determine the cause of your injuries and who is liable for your damages.
What Are Common Injuries from Herculaneum, MO Bicycle Accidents?
Bicyclists are more likely to sustain severe injuries than anyone else on the road. Some of the most common injuries our lawyer for bicycle accident team has helped Herculaneum, MO residents receive compensation for include:
- Brain injuries
- Neck injuries
- Spinal cord injuries
- Whiplash injuries
- Broken bones
- Internal injuries
- Nerve damage
- Joint injuries such as ligament tears
Because of the gravity of the bicycle accident injuries, you need experienced and dedicated bicycle accident lawyers like those at Halvorsen Klote to ensure that you are not taken advantage of by the insurance company. In the worst accidents, if you suffer the wrongful death of a family member in the Herculaneum, MO area, we will stand by your side and help you find some form of justice and secure your future.
Who Can I Hold Accountable for My Bicycle Accident Injuries in Herculaneum, MO?
Who is at fault depends on the specifics of your case. Different accidents may have different, or multiple, liable parties. In some cases there are multiple liable parties, and a dedicated bicycle accident lawyer will investigate your accident and hold each party accountable for the percentage of blame they share. You may be able to seek compensation from:
The Driver of a Passenger Vehicle
Car, truck and motorcycle drivers are often responsible for bicycle accidents by either not paying attention or driving hostilely toward them. But the road is for everyone, and in the event of an accident the same liability in car accidents applies. For instance, if someone hits you because they were distracted by using their phone, they would owe you damages.
Both Illinois and Missouri have strict regulations for how motorists are supposed to interact with bicyclists, such as respecting bike lanes. Following the legal theory of negligence per se, someone violates a state statute and injures someone else is liable as a matter of law. So if you were injured by a motorist in a bike lane, your lawyer for bicycle accident only has to provide proof of your damages, and you may be able to get a fair settlement quickly.
A Defective Bike or Motor Vehicle Parts
If your result was because of a defective product, such as tires, an engineer, manufacturer and/or vendor may be liable in a product liability claim. Both bicycle and motor vehicle manufacturers are required to design and manufacture safe products and issue recalls whenever a component is found to be unsafe. If they don't, you can make a claim against them.
A Trucking or Other Commercial Company
If a commercial driver causes your accident, the employer may be partially liable. For example, if a trucking company failed to perform a background check, they would be least partially liable for your injuries.
A Government Entity
Municipal agencies both locally and in the state or federal government are responsible for safely designing and maintaining our Herculaneum, MO roadways. If a hazard such as inadequate lighting caused your injuries, your Herculaneum, MO bicycle accident lawyer can investigate if a government agency was liable. A claim against the government is different in many ways than filing a claim with an individual or company's insurance company, so it is important to reach out to an attorney as soon as possible in order to make your claim.
In Missouri, you are also able to make a claim against a public bus driver. Pursuant to Missouri Revised Statute §537.600, public employees who injure somebody while driving within the scope of their employment are not granted sovereign immunity like most other government workers are in personal injury cases. Unfortunately, in Illinois, 745 ILCS 10/ does not allow anyone to sue a public employee in a tort case unless the harm was deliberate or the employee showed an "utter indifference" to your safety.
What Are My Herculaneum, MO Bicycle Accident Injuries Worth?
The compensation you receive depends on the severity of the injuries, how they've affected your life, your economic damages and other factors:
- How serious your injuries are — More significant injuries lead to higher medical costs, which you will be compensated for. Months of physical therapy will lead to much higher compensation than a quick trip to the emergency room. Was the accident severe enough to require a knee replacement? You will need a new one in 15-20 years, and your Halvorsen Klote Herculaneum, MO bicycle accident lawyer will make sure a new one paid for too.
- The physical, mental and emotional impact of your injuries — Your financial recovery is meant to compensate you for the less tangible ways your injuries have hurt you, including pain and suffering and loss of enjoyment of life. Is it harder to play with your kids than it used to be? An experienced and talented Herculaneum, MO bicycle accident lawyer at Halvorsen Klote will fight to make sure the physical and emotional pain you felt is compensated to.
- Your lost wages from time spent recovering — You will also be reimbursed for the money you were not able to earn. If you couldn't earn a living because a physician told you to stay home and rest, that lost money will be part of your recovery.
- If your injuries result in lost earning capacity — If you were a construction worker who sustained a permanent injury in a bicycle accident in Herculaneum, MO and a doctor orders you not to lift more than a certain amount, you need to know your future is secure after you've healed as much as possible. Your compensation will need to substantial enough to make sure you and your family will still have the means to live a comfortable life.
- Policy limits — Different insurance plans have different amounts of coverage. Illinois and Missouri both require $25,000 per person for bodily injury in car accident policies, while commercial enterprises usually have much more. A knowledgeable lawyer for bicycle accidents will make sure you get all the money possible by filing an underinsured motorist claim with your own insurance company if the coverage available isn't enough to fully compensate you for your injuries.
- Whether you were partially responsible for your bicycle accident — Both Missouri and Illinois practice the legal philosophy of comparative negligence, meaning that you can still get a recovery if you were partially liable, but it will be proportionately less based on how how much of your fault it was. Meaning, if it is determined that your medical bills, lost wages and pain and suffering come to $100,000 but you are responsible for 30 percent of the accident, your recovery would be $70,000. Missouri is called a a "pure" comparative fault state, meaning you can file a claim even if you were 99 percent to blame. Illinois is called a a "modified" comparative fault state, meaning you would be barred from recovery if you are more than 50 percent responsible.
At Halvorsen Klote, our Herculaneum, MO bicycle accident lawyers know how to precisely value claims and get you all of the compensation you deserve. We know that influential corporations and insurance companies treat people unfairly. We do what we do every day because we believe that everyone has has a right to the same knowledgeable and aggressive legal representation as wealthy organizations.
What to Do if You're Injured in a Bicycle Accident in Herculaneum, MO
Getting in a bicycle accident can be scary and confusing, but there are several things you should do to help you recover physically and enhance your compensation.
Stay Calm, Stay Safe and Get Medical Attention
If you can, move to the side of the road to get away from oncoming traffic. Leave your bike, as trying to move it could intensify your injuries. If your injuries don't allow you to move safely, hold out for emergency medical personnel to arrive.
If you don't need to go to the hospital in an ambulance, visit the emergency room or urgent care after authorities tell you you can leave the scene. If you didn't go the same day, make an appointment with your general practitioner in the days afterward. If you don't have a doctor's record of your injuries, you won't be able to obtain compensation from the insurance company.
Call and Wait for the Police
You need to have the police make a report, as it will go a long way in establishing the other party's liability. Police are trained to assign fault in an accident. When speaking to police, don't confess fault or over-explain your actions. Be truthful, but don't say anything beyond the facts of the accident and your injuries, and don't provide any information they don't specifically ask for.
Gather Evidence and Witness Contact Information
While waiting for the authorities to arrive, gather as much evidence as possible. Take photos of the accident site, any damage to your bicycle and the other vehicle, and your injuries. If other people saw the accident, get their contact information so your city, state bicycle accident lawyer can get in touch with them afterwards.
Don't Settle Too Quickly
The insurance companies' first offer will almost always be a lowball offer. They want you to settle before you become aware of the full extent of your damages or hire an attorney. They may tell you no more money is available, but that's almost rarely true. The majority of injury attorneys give free consultations, so it's always recommended to consult with a lawyer about your case before accepting a settlement.
Take a look at some of the other cases we take on in Herculaneum, MO:
- Fatal Car Accident Lawyer
- Auto Accident Attorney
- Bike Wreck Lawyer
- What to Do After a Car Accident
- Premises Liability Attorneys
- Automobile Injury Attorney
- Motorcycle Accidents Attorney
- Pedestrian Accident Lawyer
- Injury Claim Lawyer
Lawyer for Bicycle Accident in Herculaneum, MO | Halvorsen Klote
We know that being hurt in a bicycle accident through no fault of your own is confusing, painful and leads to a a ton of anxiety about how you are going to pay the bills that are piling up and when or if you'll be able to get back to normal. Our Herculaneum, MO lawyer for bicycle accident team has committed their practice to fighting for people who have been wronged, and ensuring that they receive all the money they deserve. You only pay if we reach a successful conclusion to your case. Call a bicycle accident lawyer in Herculaneum, MO today at 866-382-4167 or contact us online for a complimentary consultation.