Arizona isn’t the most bike friendly state. Despite the existence of beautiful trails and byways in many areas, there are still plenty of motorists who don’t believe they should have to share the road with cyclists.
As a result, driver behavior often ranges from negligent to malicious, and collisions with cyclists are common.
If you’ve been injured by an aggressive or a negligent driver, then the team at Tony Merchant and Associates can help. If the motorist was at fault, you have the right to compensation so that you can pay your medical bills and replace lost income.
The police will make a determination of fault when they arrive on the scene, just as they would if the accident were between two cars.
You may be surprised to learn that motorists aren’t always held at fault for a bicycle collision. While they are in the bigger, stronger vehicle, they don’t carry the full burden of ensuring no accidents take place. Cyclists, too, must follow the rules of the road.
On paper, Arizona allows you to recover funds even if you are 99% at fault for the accident, but if you are at fault you may not be able to recover as a matter of practicality. The comparative negligence law might well wipe away every penny you could recover.
The good news is that cyclists rarely do much damage to cars and don’t have to carry insurance policies for their bicycles, so they don’t usually get sued for these kinds of accidents.
If the driver was at-fault, however, then you stand to gain a lot by filing your claim properly. The driver’s insurance policy should cover your expenses.
There is no such thing as an average settlement. We’ve seen cases that settled for $20,000 because the injuries involved were relatively minor. We’ve seen cases settle for as much as $3 million when catastrophic injuries and punitive damages were involved.
We won’t know for sure until we have the facts of your case in front of us. Once you’re done getting medical treatment for your injuries we can assess the short-term and long-term expenses, and can make a determination of what a fair settlement might look like in your case.
First, be careful what you say at the scene of the accident. If you apologize, for example, then this might be used against you to prove you “admitted fault.” If you’re medically capable of doing so, get photos and the names and numbers of any witnesses.
Your first priority after the accident should be receiving medical care. Don’t turn it down, don’t say you’re fine, and follow all of your doctor’s instructions.
Finally, you should hire an attorney as soon as you can, preferably before speaking to any insurance adjusters. They will try to take advantage of you. There’s a lot of power in being able to say, “My attorney will be in touch with you shortly, or you can contact my attorney,” which offers a great deal of peace of mind. It also protects you from many of the games the insurance company will try to play to avoid paying your claim.
Our attorneys have 30+ years of experience with personal injury cases just like yours. We’ve helped hundreds of cyclists secure the settlements they need to put their lives back together. We can help you bring your case to a satisfactory conclusion, too.
Book a no-obligation case consultation today. Click here to get started