Moreno Valley Bicycle Accident Attorneys

Riding a bike certainly comes with a number of benefits, but there's always a risk of encountering a reckless driver. If you or someone you know was injured in a collision, our Moreno Valley bicycle accident attorneys are here to help. The injuries sustained in these wrecks tend to be devastating. Broken bones, road rash, permanent scarring, and brain trauma can cost thousands of dollars in medical care and leave the victim sidelined from work for months. Beyond the direct financial impact, the mental pain and physical suffering can be debilitating. Our legal team can make sure your claim accounts for all economic and non-economic damages you may be owed. We can come to you if you are unable to come to us. Call 1-800-GO-HARRIS to arrange a free consultation.

What Defenses Might Be Used Against My Bicycle Accident Claim?

You might think the insurance company couldn’t possibly dispute your claim if you played no role in causing the crash; however, there are all sorts of defenses used in bicycle accident cases. Even if the opposing party was, in fact, liable for the wreck, the insurer might dispute causation or damages. Below are a few common defenses that might arise depending on the facts of your claim:

• Your Own Negligence Was to Blame: What were you doing when the crash happened? Were you violating a traffic law or otherwise behaving negligently? If the opposing party can shift even part of the blame to you, they may not have to cover 100 percent of your damages. In cases that involve catastrophic injury, insurance companies will go to great lengths to minimize their liability. Our Moreno Valley bicycle accident lawyers will prepare to counter this defense by compiling all available evidence of fault. We perform investigations as if we are going to trial, even if we expect the insurance company to cooperate.

• Another Party Caused the Accident: Even if you did not play a role in causing the accident, the insurer might still contend that someone else was to blame. For instance, they might blame another driver, the government entity that was responsible for road maintenance, a negligent mechanic, or an auto part manufacturer. Here again, the outcome of the dispute will hinge on the strength of the available evidence to prove liability.

• Your Injuries Were Preexisting: Proving liability is just one step toward winning a fair settlement. You must also prove causation and damages. Causation means your injuries would not have occurred but for the tort. In other words, your attorney will have to show that the damages you are claiming resulted from the accident. If you had a preexisting medical condition, there’s a chance the opposing party will say that you are trying to recover damages that were not caused by the wreck. This is especially likely if you assert that the accident has aggravated a preexisting injury or illness. Our Moreno Valley bicycle accident lawyers know what it takes to overcome disputes of this nature. If necessary, we can bring in medical experts to provide deposition.

• You Have Failed to Mitigate Damages: Mitigating damages means taking reasonable steps to minimize your healthcare costs and other losses arising from the accident. If you fail to mitigate damages, the insurer might argue that your damages award should be reduced. Such a dispute might arise if you put off the medical assessment or fail to follow your doctor’s orders. To support their defense, the insurance company might use your very own statements or social media posts. This is why you should let your Moreno Valley bicycle accident attorney manage all correspondence with the insurance adjuster, and you should stay off social media entirely starting on the day of the accident. Also, be sure to follow the orders of your medical providers.

• Your Injuries Aren’t as Serious as You Are Claiming: If you waited several days or weeks to seek medical care, the insurer might say that your injuries couldn’t possibly be as serious as you are claiming.

• You Are Overestimating the Damages: There’s no guarantee that the insurer will agree with your attorney’s settlement calculations. The best lawyers know how to calculate damages in accordance with the relevant statutes and case law in order to minimize the likelihood of a dispute while still pursuing a fair settlement.

Call 1-800-GO-HARRIS to Speak with a Bicycle Accident Lawyer in Moreno Valley

At Harris Personal Injury Lawyers, we know how to counter the disputes that tend to arise in bicycle accident cases. If the insurance company refuses to cooperate, we will relish the opportunity to file a lawsuit and proceed to litigation. This separates us from other law firms that aren’t willing to enter litigation even if it’s in their client’s best interests. For a free case assessment, message us online or call 1-800-GO-HARRIS.