Lawyer for Bicycle Accident in St. Charles, MO
St. Charles, MO Personal Injury Attorneys
Call 866-382-4167 for a Free Consultation | St. Charles, MO Lawyer for Bicycle Accident
Lawyer for Bicycle Accident in St. Charles, MO. Riding a bicycle is a great way to exercise and enjoy the freedom of the outdoors. But too often, other motorists don't respect the safety of bicyclists and end up causing an accident. If you were injured in a bike accident through no fault of your own, the lawyer for bicycle accident team of Halvorsen Klote will fight for your rights and secure you the financial recovery you deserve. We offer expert legal representation the injured and vulnerable in St. Charles, MO and throughout the Greater St. Louis area and Southern Illinois. Our consultations and initial investigations are free, and you do not owe us anything unless we win your claim. Speak directly to a knowledgeable and compassionate bicycle accident lawyer by calling 866-382-4167 or by contacting us online.
Why Should You Hire a Lawyer for Bicycle Accident Cases in St. Charles, 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 St. Charles, MO to secure the ideal result. A personal injury lawyer in St. Charles, MO can give support 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 increase 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 full extent of your damages and all the compensation you are legally entitled to
- Finding supplementary insurance coverage if your damages go beyond 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 discompassionate insurance representative can feel defeating. 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 count on claimants knowing limited about laws pertaining to injuries and accidents to pay as little money as possible. We'll ensure they understand their lawful duty to compensate you for every single one of your damages.
Bicycle accident cases involve complicated legal processes, including gathering evidence, interviewing witnesses, examining medical records, and negotiating with insurance adjusters. People who are unfamiliar with injury claims can make mistakes or overlook critical steps. By hiring a lawyer specializing in bicycle accidents, your legal standing becomes a strength, not a disadvantage.
You did nothing wrong to deserve your injuries and you shouldn't have to deal with the consequences. Let us handle obtaining your compensation while you focus on recovering.
Gathering Evidence to Strengthen Your Case
Some cases are more challenging to prove than others. For your bicycle accident case, you'll need an attorney to question witnesses, review medical records, and connect your injuries to your accident, as well as question witnesses who can validate your story. The more complicated your case, the more evidence is needed. Knowledgeable bicycle accident attorneys like those at Halvorsen Klote will know how to locate the evidence needed to get a full financial recovery.
Representing You in Court if Filing a Lawsuit is Necessary
Most bicycle accident cases settle out of court. However, if responsibility isn't clear, your damages are high, or other complications come up, the insurance company is going to contest against your rights. That's why you need seasoned personal injury lawyers in your corner to initiate legal proceedings and bring them to trial if necessary.
As experienced St. Charles, MO trial attorneys, Halvorsen Klote can fight for you for the duration of your case, from initial case review through a jury or bench trial.
St. Charles, MO Bicycle Accident Statistics
In 2020, there were 938 bicyclists killed in traffic crashes in the United States, according to the National Highway Traffic Safety Administration, the most since 1987. According to data from the National Safety Council, in 2020 there were 325,173 bicyclists injured in nonfatal accidents. Most nonfatal injuries occurred in children between five and 14 years old, while deaths were most common in riders between 55 and 64 years old.
In Missouri, in 406 total crashes, 351 people sustained nonfatal injuries and six people died, according to statistics in the Missouri Traffic Safety Compendium. In Illinois, in 2,180 bicycle crashes 1,995 people were injured and 28 people passed away.
In both Missouri and Illinois, the vast majority ofMost bicycle accidents occur in urban areas where traffic is more congested. Almost a third of bike crashes happen at night, when bikers are harder to see.
While bicycle accidents make up only one percent of trips taken by American commuters, each year they account for over two percent of motor vehicle deaths. The disparity points to how important bicycle safety is, and also how important it is for drivers of other vehicles to be aware of bicyclists and share the road with them.
What Are the Most Common Causes of Bicycle Accidents in St. Charles, 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 see a bicyclist
- Drivers neglecting to to yield the right of way
- Drivers failing to obey bike lane laws
- Drivers passing in an unsafe manner
- Opening a door without seeing if a biker is coming
- Reckless driving
- Driving under the influence
- Road signs that impede a motorists vision
- Road hazards
- Insufficiently marked construction sites
- Pedestrians being oblivious to bikers
- Faulty car or bike components
While most bike accidents happen at intersections, a National Transport Safety Board report stated that accidents on the side of the road do more damage because of the higher speeds involved. Your St. Charles, MO bike accident lawyer at Halvorsen Klote will carry out a comprehensive investigation into your accident to who and/or what caused it and who is to blame for your injuries.
What Are Common Injuries from St. Charles, MO Bicycle Accidents?
Bicyclists are at a higher risk for severe injuries than anyone else on the road. We've helped secure the best possible compensation for people with:
- Brain injuries
- Neck injuries
- Spinal cord injuries
- Whiplash injuries
- Broken bones
- Organ damage
- Nerve damage
- Joint injuries such as dislocations
Because of the severity of the bicycle accident injuries, you need talented and tenacious bicycle accident lawyers like those at Halvorsen Klote to take on your case and fight to make sure the liable parties are held accountable and you are fairly compensated. In the tragic case of the wrongful death of a loved one in the St. Charles, MO area, we will get you a financial recovery to make sure your future is financially secure and to ease the pain, even if just a little.
Who is Liable for My Bicycle Accident Injuries in St. Charles, MO?
Who is liable depends on the the different aspects that caused your injuries. Liability is determined based on whose negligence contributed to the crash. In some cases there are multiple liable parties, and a dedicated bicycle accident lawyer will investigate your case and make each of them compensate you based on how much of the accident was their fault. The most common liable parties in bicycle accidents include:
The Driver of a Passenger Vehicle
Car, truck and motorcycle drivers are the most common liable party for bicycle accidents by not respecting bicyclists' right to share the road. But have the same right to the road as an operator of any other vehicle, and if you are injured by a motorist the same liability in car accidents applies. For example, if someone causes an accident because they were distracted by using their phone, they would be responsible for your injuries in a civil claim.
Both Illinois and Missouri have strict regulations for how drivers are supposed to interact with bicyclists, such as allowing at least three feet of space when passing. Following 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 injured because someone hit you with their car door without looking, your lawyer for bicycle accident only has to provide proof of your damages, and the insurance company will be more honest in negotiations.
A Defective Bike or Car Parts
If your result was the result of a defective product, such as carbon fork failure, 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 are negligent in that duty, you can make a claim against them.
A Trucking or Other Commercial Company
If you are injured by a commercial driver, the employer may be partially liable. For example, if a trucking company hired an unqualified driver, they would be responsible for a percentage of your compensation.
A Government Agency
Governmental entities both locally and in the state or federal government need to keep our St. Charles, MO roadways free of unreasonable dangers. If a hazard such as a pothole contributed to your accident, you may be able to make a claim against a government entity with the help of your St. Charles, MO bicycle accident lawyer. There are special rules for filing claims against government agencies and they have different deadlines for how long you have to file, 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. Under Missouri Revised Statute §537.600, public workers who injure somebody while driving within the scope of their employment are not able to receive sovereign immunity like other public employees are in personal injury cases. Regrettably, in Illinois, 745 ILCS 10/ does not allow anyone to sue a public employee in a tort case unless there was "willful and wanton" misconduct.
How Much Compensation Can I Recover for My St. Charles, MO Bicycle Accident Injuries?
There are numerous factors that dictate what, and how much, you can recover for your bicycle accident injuries:
- How serious your injuries are — The worse your injuries, the more you'll have to pay in medical bills, which you will be compensated for. Assistive devices such as wheelchairs will lead to much higher compensation than a quick trip to the emergency room. Was the accident severe enough to require a knee replacement? That will have to be replaced in 15-20 years, and your Halvorsen Klote St. Charles, 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 health — Personal injury settlements and verdicts are also intended to compensate you for the effects on your personal life, including pain and suffering and loss of enjoyment of life. Does your wrist spasm when you try to play the guitar? A seasoned and talented St. Charles, MO bicycle accident lawyer at Halvorsen Klote will fight to make sure the physical and emotional pain you felt is compensated to.
- How much time you miss from work — Any personal injury settlement will also include the paychecks you were not able to earn, even if you had PTO. If you couldn't work because your injuries were too severe to allow you to work for a period, you need to be compensated for that.
- If your injuries result in lost earning potential — If you were a warehouse worker who suffered a permanent injury in a bicycle accident in St. Charles, MO and now are not able to safely lift more than a certain amount, your ability to earn a living has been severely compromised. Your compensation will need to substantial enough to make sure your future is comfortable.
- Policy limits — The negligent party's insurance policy may have an impact on your settlement amount. Illinois and Missouri both require $50,000 per accident for bodily injury in car accident policies, while trucking companies often have coverage into the millions. A talented lawyer for bicycle accidents will assist you with an underinsured motorist claim with your own insurance company if the negligent party's insurance doesn't cover all of your damages.
- Whether you are partially at fault for your bicycle accident — Both Missouri and Illinois are comparative negligence states, meaning that you can still receive compensation if you were partially liable, but the amount will be lowered based on how much blame you share. Meaning, if your damages total $100,000 but you are responsible for 30 percent of the accident, you would receive $70,000. Missouri is considered a "pure" comparative fault state, meaning you can file a claim even if you are 99 percent responsible. Illinois is a "modified" comparative fault state, meaning you cannot get compensation if you are more than 50 percent to blame.
At Halvorsen Klote, our St. Charles, MO bicycle accident lawyers will know exactly how much you are owed. We know that powerful corporations and insurance companies often resist taking accountability. We do what we do every day because we believe that everyone has 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 St. Charles, 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, Stay Safe and Get Medical Treatment
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 make your injuries worse. 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, go to the emergency room or urgent care after law enforcement tell you you can leave the scene. If you didn't go immediately, schedule a visit to your primary care physician as soon as possible. If you don't have records from a physician of your injuries, you won't be able to make a valid injury claim.
Call and Wait for the Police
You need to have the police make a report, as it will go a long way in establishing how the other drive caused the accident. Police are trained to allocate fault in an accident. When speaking to police, don't confess fault or over-embellish your actions. Be honest, but don't say anything beyond the facts of the accident and your injuries, and don't offer 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 scene, any damage to your bicycle and the other vehicle, and your injuries. If other people saw the accident, ask for their contact information so your city, state bicycle accident lawyer can contact them later.
Don't Settle Too Quickly
The insurance companies' first offer will almost always be a lowball offer. They want you to settle before you discover the full extent of your injuries or hire an attorney. They may tell you no more money is available, but that's almost never 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.
Click on the links below to see some of the other cases we take on in St. Charles, 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 St. Charles, MO | Halvorsen Klote
You did not ask to be put in this situation, and you do not have to go through this alone. Our St. Charles, MO lawyer for bicycle accident team has devoted 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 St. Charles, MO today at 866-382-4167 or contact us online for a free case evaluation.