Lawyer for Bicycle Accident in Oakland, MO
Oakland, MO Personal Injury Attorneys
Call 866-382-4167 for a Free Consultation | Oakland, MO Lawyer for Bicycle Accident
Lawyer for Bicycle Accident in Oakland, MO. Riding a bicycle can imbue a wonderful sense of freedom. But on too many occasions, bicyclists are an afterthought on the road and become hurt when other people don't pay attention or don't respect their safety. 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 help see you through your time of need. We provide expert and sound legal advocacy to the injured and vulnerable in Oakland, MO and throughout the Greater St. Louis area and Southern Illinois. Our case reviews are free, no-risk and no-obligation, and we charge no attorneys' fees unless we win your claim. Speak directly to an accomplished and compassionate bicycle accident lawyer by calling 866-382-4167 or by reaching out to us online.
Why Should You Hire a Lawyer for Bicycle Accident Cases in Oakland, 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 Oakland, MO to guarantee the ideal outcome. A personal injury lawyer in Oakland, MO can offer help in a variety of ways:
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, bicycle accident lawyers can help you maximize your compensation by:
- Gathering evidence that proves the other party's liability
- Proving how every single of your damages related to the accident are covered by the insurance policy
- Calculating the complete scope of your damages and all the compensation you are legally entitled to
- Finding extra insurance coverage if your damages exceed the policy limits
- Making sure the insurance company follows the law fairly and ethically
Negotiating With Insurance Companies to Protect Your Rights
Dealing with a heartless claims adjuster can feel frustrating. It's their job to help me, isn't it? Yes, but they'll do anything they can to avoid assuming that responsibility.
Insurance companies often depend on claimants knowing very little about injury and accident law to offer as little money as achievable. We'll make sure they understand their lawful obligation to pay you for all your damages.
Bicycle accident cases involve complicated 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 mistakes or overlook important details. By hiring a lawyer specializing in bicycle accidents, your legal standing becomes a asset, not a disadvantage.
You did nothing wrong to deserve your injuries and you shouldn't have to deal with the consequences. Let us handle ensuring your compensation while you focus on getting better.
Gathering Evidence to Strengthen Your Case
Some cases are more complex to prove than others. For your bicycle accident case, you'll need an attorney to interview witnesses, analyze medical records, and connect your injuries to your accident, as well as depose witnesses who can corroborate your story. The more complicated your case, the more supporting evidence 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 contest against your rights. That's why you need seasoned accident attorneys in your corner to file a lawsuit and pursue litigation if necessary.
As experienced Oakland, MO trial attorneys, Halvorsen Klote can be by your side for the duration of your case, from initial consultation through a jury or bench trial.
How Common Are Bicycle Accidents in the Oakland, MO Area?
In 2020, there were 983 bike accident fatalities in traffic wrecks in the U.S., according to the National Highway Traffic Safety Administration, more than any other year since 1987. According to data from the National Safety Council, that same year there were 325,173 nonfatal injuries in bicycle accidents. Kids ages five to 14 are the most likely to sustain an injury, while adults aged 55 to 64 are the most likely to be victim to a fatal accident.
In Missouri, there were 406 total crashes which caused 351 injuries and six deaths, according to statistics in the Missouri Traffic Safety Compendium. In Illinois, there were 2,180 bicycle wrecks, which resulted in 28 deaths and 1,995 injuries
In both states, the vast majority ofMost bicycle accidents occur in urban areas where traffic is more congested. Thirty-one percent of bike crashes transpire between 6 p.m. and 6 a.m., when visibility is at its lowest.
While bicycle accidents account for only one percent of trips, each year they account for more than twice that in traffice-related fatalities. The discrepancy points to the terrible destruction motorists can cause when they don't look out for bikers, and how important safety measures like helmets and staying in bikes lanes are.
What Are the Most Common Causes of Bicycle Accidents in Oakland, MO?
Most bike accidents are caused either because of the biker making a mistake or because a motorist merely did not see the bicyclist in time to adjust. Below are the most common examples of what we see typically results in bike accidents:
- Drivers neglecting to to see a bicyclist
- Drivers neglecting to to yield the right of way
- Drivers neglecting to to obey bike lane laws
- Drivers passing too fast
- Opening a door after parking on the side of the street seeing if a biker is coming
- Reckless driving
- Drunk driving
- Road signs that impede a motorists vision
- Road hazards
- Insufficiently cordoned-of construction sites
- Pedestrians being oblivious to bikers
- Faulty car or bike components
While intersections are the most common place to see or experience a bike accident, a National Transport Safety Board report relayed that accidents between intersections cause more significant injuries because both the motor vehicle and bicycle are traveling at higher speeds. Your Oakland, MO bike accident lawyer at Halvorsen Klote will perform an exhaustive investigation into your accident to determine the cause of your injuries and who we need to seek compensation from.
What Are Common Injuries from Oakland, MO Bicycle Accidents?
Because of the vulnerability of bicyclists compared to their cars or trucks, injuries suffered in bicycle accidents can be severe and even sometimes result in lifelong disability. Some of the most common injuries our lawyer for bicycle accident team has helped Oakland, MO residents receive compensation for include:
- Brain injuries
- Neck injuries
- Spinal cord injuries
- Whiplash injuries
- Internal injuries
- Nerve damage
- Joint injuries such as dislocations
Because bicycle injuries often require extensive medical treatment and a lot of time off work, you need experienced and passionate bicycle accident lawyers like those at Halvorsen Klote to make sure you are compensated for every way in which the injury has affected your life. In the worst accidents, if you suffer the wrongful death of a family member in the Oakland, MO area, we will stand by your side and help you find some form of justice and secure your future.
Who Can I Sue for My Bicycle Accident Injuries in Oakland, MO?
Who you can seek compensation from depends on the causes of your accident. Liability is determined based on whose negligence contributed to the crash. In some cases there are multiple liable parties, and an accomplished bicycle accident lawyer will investigate your claim and hold each party responsible 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 not respecting bicyclists' right to share the road. But bicyclists are allowed to enjoy the road the same as the driver of any other vehicle, and if a car, truck or motorcycle driver injures a bicyclists the laws for liability in car accidents is no different than any other crash. For example, if someone injures you because they were texting and driving, they would be at fault for your injuries.
Both Illinois and Missouri have strict regulations for how motorists are supposed to drive around bicyclists, such as leaving a safe distance when passing. Pursuant to the legal practice 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 the insurance company will be more honest in negotiations.
A Faulty or Car Parts
If your accident was because of a defective product, such as brakes, you can file a product liability claim. Both bicycle and motor vehicle manufacturers are required to design and manufacture safe products and issue recalls if a safety hazard arises. If they are negligent in that duty, they are liable for your damages.
A Trucking or Other Commercial Company
If a commercial driver causes your accident, your bike accident attorney may be able to prove negligence on the part of the employer. For example, if a trucking company hired an unqualified driver, they would be responsible for a percentage of your financial recovery.
A Government Agency
Municipal agencies both locally and in the state or federal government are responsible for safely designing and maintaining our Oakland, MO roadways. If a hazard such as signage that makes it difficult for other vehicles to see you at certain intersections contributed to your accident, your Oakland, MO bicycle accident lawyer can investigate if a government agency was liable. There are special rules for filing claims against government agencies and they have different deadlines for how long you have to file, so an attorney is necessary to get maximum compensation.
In Missouri, a public transport operator may also be liable. Under Missouri Revised Statute §537.600, public workers who injure somebody while operating a motor vehicle are not able to receive sovereign immunity like most other government workers are in personal injury cases. Regrettably, in Illinois, under 745 ILCS 10/ you cannot sue a public employee unless you can prove that they deliberately harmed you.
What Are My Oakland, MO Bicycle Accident Injuries Worth?
There are a variety of factors that determine what, and how much, compensation you will receive for your bicycle accident injuries:
- The scope of your injuries — The worse your injuries, the more you'll have to pay in medical expenses, and you should receive all of those expenses. Assistive devices such as wheelchairs will lead to more money than a quick trip to the emergency room. Did your bicycle accident lead to a joint replacement? You will need a new one in 15-20 years, and your Halvorsen Klote Oakland, MO bicycle accident lawyer will make sure you are not the one that has to pay for it when a new one is necessary.
- How your injuries have affected your physical and mental well-being — Personal injury settlements and verdicts are also intended to compensate you for the less tangible ways your injuries have hurt you, including pain and suffering and loss of enjoyment of life. Are you afraid to get back on your bike? An accomplished and talented Oakland, 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 — Any personal injury settlement will also include the paychecks you were not able to earn, even if you had PTO. If you couldn't earn a living because you were on bed rest for six weeks, that lost money will be part of your recovery.
- If your injuries result in lost earning potential — If you were a construction worker who sustained a permanent injury in a bicycle accident in Oakland, MO and now are not able to safely lift more than a certain amount, your ability to earn a living has been significantly compromised. Your compensation will need to be high enough to make sure your future is not put in jeopardy.
- Policy limits — The negligent party's insurance policy may have an impact on your settlement amount. A standard car insurance policy may have a $50,000 limit on bodily injury, while commercial enterprises usually have much more. A skilled lawyer for bicycle accidents will assist you with 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 fault, meaning that you can still receive compensation if you were partially liable, but it will be proportionately less based on how how much of your fault it was. So if your damages total $100,000 but you are responsible for 30 percent of the accident, you would receive $70,000. Missouri is called a a "pure" comparative fault state, meaning you can receive compensation even if you were 99 percent to blame. Illinois is referred to as a "modified" comparative fault state, meaning you cannot get compensation if you are more than 50 percent at fault.
At Halvorsen Klote, our Oakland, MO bicycle accident lawyers will know exactly how much you are owed. We know that greedy corporations and insurance companies treat people unfairly. We became personal injury attorneys because we believe that an ordinary person who has been injured by another's negligence should have access to the same knowledgeable and aggressive legal representation as wealthy organizations.
What to Do if You're Injured in a Bicycle Accident in Oakland, MO
Getting in a bicycle accident can be scary and it can be hard to know exactly what to do, but there are several things you should do to get the most out of both your financial and physical recovery.
Stay Calm, Get to Safety and Get Medical Treatment
If you're able to, move out of the way of traffic. Leave your bike, as trying to move it could exacerbate your injuries. If your injuries are too severe for 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, schedule a visit to your general practitioner as soon as you can. If you don't have records from a physician of your injuries, you won't be able to get 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 proving the other party's liability. Police are trained to determine fault in an accident. When talking to police, don't admit fault or over-explain what happened. Be truthful, but don't say anything beyond the facts of the accident and your injuries, and don't offer any information they don't directly 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 location, 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 reach out to them at a later time.
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 injuries or hire an attorney. They may tell you no more money is available, but that's almost rarely true. The majority of injury attorneys provide free consultations, so it's always advisable to at least speak to a lawyer about your case before accepting a settlement.
Check out some of the other cases we take on in Oakland, 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 Oakland, MO | Halvorsen Klote
We know that being hurt in a bicycle accident through no fault of your own is shocking, painful and creates a large cloud of uncertainty about how you are going to pay the bills that are piling up and whether or not you will ever feel the same again. Our Oakland, MO lawyer for bicycle accident team has committed their careers to fighting for people who have been hurt and taken advantage of, and ensuring that they receive all the money they are owed. You do not pay unless we win your case. Call a bicycle accident lawyer in Oakland, MO today at 866-382-4167 or contact us online for a complimentary consultation.