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Cyclists today face danger every time they share the road with cars, commercial trucks and public transportation. Even if you ride safely and within the law, chances are you could be injured in an accident by an aggressive, impaired or inattentive driver.
Sadly, this is all too true. The general bias that adjusters show against an injured cyclist is very much evident during the line of questioning about the accident. The adjuster usually tries the tactic of getting the cyclist to admit to some fault for partially causing the accident. That is one very good reason why it’s smart to have a legal professional by your side as you give your recorded statement. Many otherwise good cases have been seriously damaged by an inadvertent admission or misspoken word.
adjusters are usually quick to downplay a cyclist’s soft tissue injuries, such as back injuries, a sprained neck or road rash. Sometimes the adjuster refers to your injuries as simply bumps, bruises and scrapes. Oftentimes these bumps and scrapes’ take weeks or months to recover from, requiring physical therapy or follow-up medical attention. adjusters are also quick to question the cost of your bicycle, biking clothing and accessories (such as GPS units, computers, or power meters). Don’t be surprised when the insurance company offers you a mere pittance for your expensive gear. And finally, the adjuster will keep you in the dark about your rights under Washington or Idaho law. They know that ignorance of the law means more money in the pocket of the insurance company instead of being used for your medical costs, lost income, replacement of your equipment, and compensation for your pain and suffering.
The laws of Washington and Idaho vary according to that individual state. However, as an injured victim of a bicycle-car or bicycle-truck accident, you should expect the insurance company to compensate you for your:
When you are represented by the cycling attorneys at Craig Swapp & Associates, you are working with lawyers and other legal professionals who understand the sport of cycling and the legal challenges associated with cycling-related accidents. We face the same daily dangers on the road you do from inattentive drivers or even those who express road rage toward you. We deal daily with insurance adjusters and their strategies to delay or deny your claim. We know how to use the law to get you the full and fair settlement that is due you. And we’ll use every legal tool available to help you, whether it is through aggressive negotiation, mediation, arbitration, or the courtroom.
A strong bicycle accident case is one where the driver of the vehicle was primarily the at-fault. It doesn’t matter if the driver was driving a car, truck, motorcycle, commercial vehicle, or public transportation.
It is always tragic to hear of the death of a fellow-cyclist. The unexpected loss of a loved one and/or breadwinner can pose financial burdens on the family, which the law can help remedy. On behalf of the victim’s family, we will bring a wrongful death lawsuit against the insurance company(s) involved and look to get full compensation for loss of companionship and livelihood.
When you purchase a bicycle, you expect that it was engineered, designed and manufactured not to fail during normal use. However, if a bike does fail, the manufacturer is liable for its design and construction. So if you are injured when your bike fails, call us right away for legal advice. It is especially important that you keep possession of the failed bicycle or component (wheel, brake, etc.) so that it can be examined by our engineering experts.