When bicyclists are involved in accidents, the resulting injuries are often devastating. At the law offices of Gary C. Johnson P.S.C., we are experienced in representing bicycle accident victims and their families. If you or a loved one has suffered a serious injury after a bicycle collision, contact us today to discuss your case.
The investigation process is a critical first step in proving both liability and the full extent of injuries and damages sustained. Our attorneys are not interested in turn-and-burn cases that settle for a fraction of the amount of their true value in order to get a quick settlement. We conduct thorough investigations and take the time needed to prove our clients’ claims and maximize their compensation.
In the investigation process, our experienced Lexington bicycle accident attorneys will gather facts and evidence by interviewing witnesses, obtaining accident footage when available, reviewing police reports and medical records, and hiring experts when necessary. Experts are frequently hired to help with accident reconstruction in order to prove accident facts and fault. Medical experts are often hired to review medical records, conduct independent medical examinations, offer medical consultation, and provide expert testimony as needed.
Bicycle accidents in and around Lexington, Kentucky, occur in a wide variety of ways. Unfortunately, it is not uncommon for vehicle drivers to operate carelessly around bicyclists in and around the city. Some of the most common causes of vehicle impacts with bicycles include drivers:
Aside from driver negligence, there are certainly other factors that can influence bicyclist safety. In some cases, hazards on or around the roadway can lead to bicycle accidents. This can include poorly maintained roadways, missing or obscured road signs, poorly designed roadways or bike lanes, and more. In some cases, municipal entities or private companies may be held responsible depending on where a bicycle accident occurs.
Bicycle accident victims in Lexington often suffer a range of injuries as a result of these incidents. Unfortunately, bicyclists are vulnerable to severe injuries when they sustain an impact with a much heavier vehicle. In many cases, a bicycle accident leads to two injury-causing impacts – one impact with the vehicle and another impact with the ground or other solid object.
Some of the most common injuries associated with bicycle accidents include:
In addition to physical traumatic injuries bicyclists may sustain, it is not uncommon for them to also suffer from a range of pain and suffering. This can include extended feelings of stress, anxiety, and fear, or even symptoms of post-traumatic stress disorder (PTSD).
Bicycle accident victims may be able to recover a range of types of compensation if their claim against the at-fault party is successful. Our goal is to help clients recover both economic and non-economic damages for their losses:
There is no set amount of compensation paid to bicycle accident victims in Lexington. Rather, several factors can influence how much a person receives. Some of these factors include the severity of the injuries, how long it takes a person to recover, whether or not there is any disability, the level of any shared fault, as well as insurance policy limitations.
There are various steps that bicycle accidents in Lexington, KY, can take in order to help preserve the integrity of their claim. Some of these steps can be taken right away after an incident occurs, but others may need to be taken over the days and weeks following the initial incident.
Bicycle accident victims must file a claim against the alleged negligent party as soon as possible. Under Kentucky law, there are time constraints and they should contact an attorney as soon as possible or something along those lines, keep the amount of time out of it because it depends on a lot of different circumstances. Failing to file a lawsuit within this time frame will likely result in the claim being dismissed, leaving the bicycle accident victim unable to recover compensation for their losses.
It is important to file an insurance claim as soon as possible after the incident occurs. Insurance carriers typically have much stricter reporting deadlines and failing to promptly file a claim with the carrier could result in a denial or significant delays.
State and local laws govern bicycle operation on Kentucky roads, but violating a bicycle law does not necessarily prohibit a bicyclist’s right to recover for his or her injuries and damages in an accident. Under Kentucky’s comparative negligence laws, a plaintiff’s recovery amount will be reduced by his or her share of fault. For example, if a bicyclist sustains $100,000 in injuries and damages in a bicycle accident and he or she is found to be 10% at fault for the accident, his or her recovery will be reduced by 10% ($10,000) to $90,000.
Under Kentucky law, when fatal injuries are caused by another person’s negligence or wrongful acts, a wrongful death action may be appropriate. The personal representative of the decedent’s estate may bring a wrongful death action on behalf of close family members or the estate. Depending on the case circumstances and surviving family members, those who may sometimes recover under wrongful death actions include spouses, children, parents, and the estate. Reach out to a Lexington wrongful death lawyer to learn more.
Bicycle accident cases should only be entrusted to highly experienced and knowledgeable bicycle accident attorneys, especially those involving serious and debilitating injuries. Contact our Kentucky bicycle accident attorneys at Gary C. Johnson, P.S.C., to discuss the details of your bicycle accident and injuries sustained during a free consultation. Medical bills, future medical bills, lost wages, and short-term and long-term injuries can be stressful and overwhelming, but having a compassionate accident attorney in Lexington advocating for your recovery can make the process easier for you and your family.