Bicycle Accident Lawyer Phoenix, AZ
When a victim suffers a brain injury in a bicycle accident caused by another party, Arizona law allows them to pursue damages against that party. The amount of compensation that a victim may be able to pursue depends on the extent of the injury, however, the majority of awards for these cases are usually more than $100,000, with many victims receiving awards in the millions. It is important to note that not every brain injury victim will receive damages in this amount. A bicycle accident lawyer in Phoenix, AZ can listen to what happened to determine the amount based on what type of expenses and losses the victim has incurred.
In order to make that determination, victims should contact a Phoenix, Arizona bicycle accident lawyer from Kamper & Estrada, PLLC. Our legal team can evaluate the details of the case and calculate what compensation the victim is entitled to.
Bicycle Injury Cases Involving a Brain Injury
Most bicycle accident lawyers in Phoenix, AZ, work on contingency fees, meaning that they only get paid if the lawsuit is successful and the amount awarded is actually received by the victim. In most cases, the attorney will advance any fees for medical experts and other expenses. These expenses are eventually reimbursed out of the award amount. Some of the expenses that a brain injury case may incur include:
- Fees for independent medical experts to determine the extent of the victim’s injury and long-term effects
- Fees for vocational experts to determine the loss of future income and benefits the victim will suffer because of their injury
- Fees for interviewing witnesses
- Fees for court fees and expenses
Because of how complex brain injury cases can be, it is critical to have a bicycle accident lawyer in Phoenix, AZ who understands the ramifications of brain injuries and how even effects that other people cannot notice can have a serious impact on the victim’s quality of life. It is equally important to have an attorney who understands the long-term effect the brain injury has on the victim’s ability to work, take care of their family, take care of their home, or the way the injury may hinder the victim’s to take care of themselves.
A brain injury victim may be entitled to financial compensation for any of the following losses:
- Past and future medical expenses to not only treat the brain injury but also address any other health issues that may be a result of the injury
- Loss of income and benefits from being unable to work while recovering. If the injury causes long-term or life-long damage that leaves the victim unable to work at their current profession, they may be entitled to compensation for the loss of future income, as well as funds for vocational training.
Additional Damages That May Be Available After a Bike Accident
- Pain and suffering
- Mental anguish
- Loss of the ability to perform day-to-day activities
- Permanent disability
Let a Phoenix, AZ Bicycle Accident Lawyer Help
If you or a loved one has suffered a brain injury in a bike accident caused by another party, contact a bicycle accident lawyer in Phoenix, AZ to find out what legal options you may have. The legal team at Kamper & Estrada, PLLC will work diligently to get you the financial compensation you deserve. Call our office today to schedule a free and confidential case evaluation.
HIT BY A CAR WHILE ON A BIKE
A bike accident can be scary and devastating. Road rash, broken bones, and other severe injuries can require you to take time off work and deal with large medical expenses. You may feel angry, confused, or overwhelmed with the situation, especially if negligence was a factor. We understand and are here for you. As a bike accident lawyer Phoenix trusts, we can help you to recover your losses and begin the process of healing.
SHARE THE PATHS . . . AND THE ROAD
In an effort to promote biking, many cities have begun to implement designated bike paths. However, cyclists are often not the only ones to use the lanes. Skateboarders, joggers, and casual strollers are drawn to these paths as well, often forcing the cyclists back to the road.
In some cities, the bike paths are just another lane on the road itself. This often puts the cyclists in close proximity to automobile traffic.
MOTORIST HAZARDS FOR BICYCLISTS
As any bike accident lawyer Phoenix endorses can tell you, cars are the dominate mode of transportation in the city, so it can be easy for drivers to overlook bicycles. Some of the more common collisions between bikes and cars are the following:
- The Sneak Peak. This happens when a car pulls out of a side street, alley, or hidden driveway. Often times, the car will need to pull out to be able to check the cross-traffic. However, this can trap and block the cyclist’s path, leaving them no choice but to run into the car.
- The Right Turn. This usually happens when a car is making a right turn at an intersection and fails to see or yield to the bicyclist on their right who is proceeding though the intersection.
- The Left Turn. Similar to the right turn, this accident happens when a car making a left turn fails to yield to a bicycle proceeding straight through an intersection.
- The Door Stop. The sort of collision occurs when the driver of a parked car opens the door directly in the path of a cyclist. It usually happens so fast and without any warning, and can be quite damaging to the bike rider.
- The Rear End. As the name implies, this accident occurs when the car rear-ends the bike and is perhaps the most common cause of auto-bicycle collisions.
WHAT TO DO AT THE SCENE
A bike accident lawyer Phoenix recommends may tell you that, if you’ve been involved in a car-bike accident, make sure you contact the police. Doing so will create an incident report, which can be useful if you decide to make a claim. Then, get examined by a medical professional right away, whether that is a paramedic on the scene, your primary care doctor, or a trip to the hospital in an ambulance. The most important thing is your health and well-being, and you’ll want medical records indicating your injuries for the claim.
HOW TO PURSUE A CLAIM
Before filing a claim, contact a bicycle accident lawyer Phoenix, AZ believes in. Car-bike accidents are different from other types of accidents and require a lawyer to navigate various aspects of the law. In-depth investigations, a review of evidence, and experience are necessary to obtain a successful claim.
It is possible for a cyclist to be partially responsible for the accident. In this case, a claim can still be filed, but the percentage of the cyclist’s own negligence will be deducted from the amount of monetary compensation available. A bike accident lawyer Phoenix has faith in will fight to make sure the rights of the cyclist are considered an attempt to reduce the percentage of liability.
If a cyclist decides to pursue a claim for personal injury, they would most likely need to establish negligence. Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. A bike accident lawyer Phoenix supports might explain that, under this sort of claim, the cyclist would need to prove the following:
- Duty: The motorist owed the cyclist a duty to drive responsibly and safely.
- Breach of Duty: The motorist breached that duty.
- Causation: The motorist’s breach of duty caused the collision and subsequent injuries.
- Damages: The cyclist suffered a personal injury as a result.
If a cyclist is injured in the collision and decides to pursue a personal injury claim, what they cyclist is really seeking are “damages”. Damages is a legal term for money awarded to a party in a lawsuit. In the case of a personal injury, a party usually seeks compensatory damages. As can be inferred from the name, compensatory damages are intended to compensate for a loss or injury. A bike accident lawyer Phoenix relies on will be familiar with the types of damages the cyclist might be able to recover. How much and what type of damages a party is awarded depends on the specific facts of each case.
CONTACT KAMPER ESTRADA, LLP
If you’ve been injured by a car while on a bike, contact an experienced bike accident lawyer. At Kamper & Estrada, PLLC, we’re proud that Phoenix residents know they can turn to our firm when they need a bike accident lawyer Phoenix can count on. Our experienced personal injury attorneys can help you understand what sort of damages you may be entitled to and will fight to make sure you receive fair compensation for your injuries.
To speak with a bike accident lawyer Phoenix area residents trust, contact Kamper & Estrada, PLLC today at 602-730-7988.