In Arizona, particularly in large cities like Scottsdale, bikes are a popular mode of transportation. The eco-friendliness, affordability, and health benefits of cycling make it an appealing option compared to motor vehicles. However, bicycle accidents have the potential to cause painful and debilitating injuries. Dealing with a personal injury claim is never easy, especially when there are traumatic injuries and difficult insurance carriers involved in the process.
If you were hurt in a bike collision, seek the legal support you need. Contact a skilled bicycle accident attorney in Scottsdale to discuss your case.
Statistics on Cycling Crashes
- The National Safety Council reports that bicycle-related deaths typically reach their highest levels during the warmer months, starting in July and remaining elevated through October.
- According to a 2022 report by the National Highway Traffic Safety Administration, about 1,084 bicyclists sustained fatal injuries in vehicular collisions.
- The Insurance Institute for Highway Safety indicated in a 2022 report that most bike crashes caused fatal injuries to bicyclists over the age of 20.
Important Steps to Take After a Bike Collision in Scottsdale, AZ
- Ensure Safety and Evaluate the Situation: If possible, move your bicycle to a safe location, but do not leave the crash site. Check yourself and others for injuries.
- Contact Emergency Personnel: Call 911 to report the cycling crash. Request medical attention even if you feel okay, as some injuries may not present immediately, such as a head injury.
- Document the Incident: Record the time, date, location, and any contributing factors like road defects or obstructed street views from overgrown vegetation.
- Gather Evidence at the Scene of the Bike Crash: Document the accident site by taking photos or videos of your damaged bicycle, the vehicle involved, any visible injuries, and the surrounding area.
- Exchange Information: Share contact and insurance information with the other party but avoid discussing fault or specifics of the incident. Stick to exchanging basic information.
- Consult with an Attorney: Before speaking with an insurer about a bodily injury claim, it is important to discuss your potential case with an experienced Scottsdale bicycle accident lawyer.
What are the Common Reasons for Cycling Crashes?
Unfortunately, many bicycle accidents are caused by negligent drivers, which often leaves bicyclists with traumatic injuries. Several factors that frequently contribute to vehicle versus bicycle collisions include:
- Driving under the influence of alcohol or drugs
- Tailgating, failure to signal when turning, and speeding
- Distracted driving, such as eating, applying makeup, texting, and engaging in other activities which divert a driver’s attention from the road
- Motorists not paying attention to cyclists, whether while driving or even when parked, as opening a car door on the street without checking for approaching bicyclists may lead to devastating crashes
Types of Compensation in a Bodily Injury Claim for a Bike Collision
Bicyclists have the same rights and responsibilities as drivers of motor vehicles. They must follow the same rules of the road, and motorists must always be aware of their surroundings. If a driver fails to adhere to traffic laws and causes an accident involving a cyclist, they may be held liable for the resulting injuries and losses. An injured bicyclist may be entitled to reimbursement for economic and non-economic damages in a personal injury claim, including:
- Any reasonable and related medical costs, including hospital bills, surgical management, physical therapy, trauma counseling, and other treatments
- Lost income and loss of future earning potential if bicycle-related injuries temporarily or permanently prevented a claimant from working
- Property damage, such as costs of repairs or replacement of a damaged bicycle, prescription glasses, helmet, and more
- Scarring and disfigurement if injuries from a bike collision, such as road rash, caused unsightly and permanent marks
- Pain and suffering, including emotional distress, PTSD, loss of consortium, and other intangible harms
- Compensation for funeral, burial, and related losses in a wrongful death case for a fatal cycling crash
When filing a bodily injury claim for a car-bicycle collision, it is important to demonstrate that the treatment and expenses were reasonable, necessary, and directly related to the incident. If you were injured in a recent bicycle accident in Scottsdale, Arizona, be sure to keep all correspondence, receipts, bills, and any other documentation to help support your personal injury claim. For more details, reach out to a knowledgeable bike injury lawyer.
What if the Driver Left the Scene of a Car-Bike Collision?
According to Arizona law, it is considered a crime to leave the scene of an accident without exchanging contact and insurance information. In the case of a hit-and-run bicycle accident, the fleeing motorist may face penalties, potentially resulting in fines, probation, or even imprisonment. If injured in a crash by a fleeing motorist, report the incident to the police. The sooner the hit-and-run is reported, the higher the likelihood of law enforcement tracking down the suspect driver.
If you were injured in a vehicle-bike collision where the driver left the scene, it is important to gather as much evidence as possible. Record identifying information of the suspect party such as the vehicle’s make, model, color, license plate, and direction where they were last seen leaving the crash site. You will need this information when filing a claim through your uninsured motorist coverage on your auto insurance policy.
If you did not have car insurance at the time of the cycling crash, there may be other options for financial recovery. For instance, if you live with a relative who has auto insurance and carries uninsured motorist protection, it is possible that their UM may extend coverage to you. This option may be viable so long as the relative does not have you listed as an excluded member on the insurance plan. For more information, contact a skilled Scottsdale bike injury attorney.
What is the Procedure for Filing an Insurance Claim for a Cycling Crash?
Insurance companies may attempt to minimize a payout for a car-bicycle collision by implying that the cyclist was responsible for the incident, making a quick settlement offer before the full scope of bicycle-related injuries is known, and being unresponsive hoping a bicyclist will give up on their claim. Before discussing your claim with the insurer, hire an experienced bike accident lawyer serving Scottsdale to protect your rights as an injured bicyclist. Your attorney can assist with:
- Notice of Intent: Your lawyer will notify the insurance company representing the at-fault party to file a bodily injury claim if you have not yet done so. The insurance representative will then provide a claim number and assign an adjuster to handle your claim.
- Accident Investigation: Your attorney will conduct a comprehensive investigation into the incident to properly establish liability. If the driver left the crash site, your lawyer should have the resources to hire a private investigator to locate the fleeing motorist.
- Recorded Statement: If you are reporting the incident to the insurance carrier, the adjuster may request a recorded statement from you. Be cautious, as claims adjusters may ask leading questions that may be detrimental to your case. Always consult with an attorney first.
- Bike Repairs: The insurance company representing the negligent driver is typically responsible for covering the cost of repairing or replacing a damaged bicycle, along with any related injuries and losses.
- Initial Settlement Offer: If you have not yet retained legal counsel, you may receive an initial settlement offer from the adjuster, usually intended to settle the claim quickly. It is important to wait until your treatment is complete or you reach maximum medical improvement.
- Insurance Negotiations: Once treatment is finished, your bike injury lawyer will start negotiations by sending a demand letter along with supporting evidence and documentation to the negligent driver’s insurance company.
- Settlement Agreement: After a series of negotiations, a settlement agreement is typically reached. Once the agreement is signed, you should expect to receive the settlement payment. When an initial offer is accepted and a release is signed, additional compensation cannot be sought.
- Unsuccessful Insurance Negotiations: If negotiations fail to result in a settlement with the insurance company, your attorney may consider filing a lawsuit against the negligent driver to proceed with litigating the matter and protect the AZ statute of limitations if it is approaching.
Contact a Bicycle Accident Attorney in Scottsdale, Arizona
Do not face the aftermath of a vehicle-bike collision alone as you only have two years from the incident date to file a personal injury case. Let our legal team at Southwest Injury Law fight for justice and maximum compensation. Speak with a bicycle accident attorney in Scottsdale and get the support you need today. Call us to set up your free consultation at (602) 777-3300. We are available to discuss your potential case at no cost and how we can assist you in moving forward.