Utah Bike Accident Guide
If you have been seriously injured while riding a bike, you may be wondering what you can do to recover. The Utah Bike Accident Guide was created by Swenson & Shelley Injury Attorneys to help residents obtain maximum compensation.
Biking is an excellent form of exercise and a very inexpensive form of transportation. It can be less than enjoyable when a bike ride turns into an accident. These bike accidents can cause catastrophic injuries because you don’t have much protection from the elements and the impact. Our job is to help guide you through this difficult time. Our Utah bike accident attorney would be glad to sit down with you for a free consultation to go over what your legal options are and how to get you the most compensation possible.
Types of Bike Accident Injuries
Bike accidents, as mentioned prior, are potentially catastrophic. You take the full impact from a car or truck and then you have the added consequences of the impact with the ground if you’re thrown from the bike. The most common types of bike accident injuries include:
- Cuts and lacerations
- Concussion or traumatic brain injury
- Tendon, nerve, or tissue damage
- Broken bones and fractures
- Spinal cord injury
These injuries have the potential to damage you and change your life forever permanently. The good thing about a bike accident claim is that the amount of compensation you get is related to your injuries. If you are terribly injured from your bike accident, you won’t just be offered a flat rate award. It will be awarded based on your medical bills, lost wages, and out-of-pocket expenses.
Important First Steps After the Accident
Your body and your physical health are more important than anything following the accident. If you are knocked unconscious, odds are you will be taken in an ambulance to the emergency room. If you are conscious, but feel like you are too injured to move or to do anything at the scene, you should also get on the ambulance.
If you are injured but not in life-threatening danger, you should take some time to collect evidence before you get your injuries checked out. For those who are unable to, you can have a friend, family member, or attorney do this part for you. Photos and videos need to be taken of any physical evidence of the scene. That includes your bike, the other car, any debris in the street, the tire marks, a general overview video of the whole area, etc. Anything you think is important probably is. You also want contact info from witnesses as well as the insurance info from the driver who hit you.
Dealing with Insurance Companies
Our job as a Utah bike accident attorney is to get you the most compensation possible. The job of the liable party’s insurance company is to do the opposite. They would be happy if you got no compensation whatsoever. They want to reduce or eliminate your claim. They do this by asking you for a recorded statement. They will call you very shortly after the accident while you are still recovering and they will ask you to give them a recorded statement. You should never give them a statement. They are trained to ask you questions that will make you seem like you are the at-fault party in the incident. You should tell them that if they have any questions, they can ask your attorney.
How Compensation Works
In Utah, your compensation will be affected by the amount of fault you share in the accident. You and your attorney should get to work right away so they can get an idea of what they are working with. There are incidents where people on a bike have to swiftly swerve into the street to avoid pedestrians and they would share some fault. Then there are people who are totally following the rules of the road and a driver does something negligent and the bike rider would have no shared fault. If you are deemed 50% or more at fault for the accident, you will be barred from compensation. If you share a fault less than that, your compensation will be reduced. For instance, if you share 20% of the fault and are awarded $100,000, then you will be eligible for $80,000 of that award.
Utah Statute of Limitations
In Utah, you get four years from the date of the accident to bring your claim or settle it in civil court. What you need to keep in mind is that you will not benefit from waiting to bring your claim. Your case relies on evidence and witness statements. If you wait three years to bring your claim, your witnesses’ memories will get fuzzy and if you haven’t done evidence collection for this case, that time you waited can make it really hard to build a good case.