When it comes to bicycle accidents, ensuring that all actions taken before, during, and after the incident align with proper legal procedures is critical. Careless mistakes by cyclists can jeopardize the ability to pursue compensation or even invalidate a case entirely. Understanding these common errors is key to avoiding pitfalls that could affect the outcome of any claim. Here are a few things that a bicycle accident lawyer will not appreciate if you believe you have a case. Our friends at JF Martin Law explain some of the ways you may hurt your case, below. You should still always reach out to a bicycle accident attorney to go over the details of your case.
Failing To Follow Traffic Laws
Cyclists are required to follow the same traffic laws as motorists. Ignoring stop signs, running red lights, or failing to yield can lead to a shared fault determination in an accident case. If it is proven that a cyclist violated traffic laws, it may reduce or nullify the compensation available. Maintaining compliance with traffic laws not only improves safety but also strengthens a case if an accident occurs.
Riding Without Proper Safety Equipment
Wearing a helmet and using reflective gear or lights when cycling at night is not only critical for safety but may also play a role in a legal case. While laws regarding helmet use vary by location, not wearing one can sometimes be used against a cyclist, especially if head injuries are a key factor in the claim. Ensuring all required safety gear is used demonstrates responsibility and supports the validity of a case.
Failing To Document The Accident Properly
Proper documentation is vital for building a strong case. Cyclists who neglect to take photos of the scene, collect witness contact information, or file a police report may face challenges in proving fault or damages. The absence of thorough documentation allows opposing parties to dispute the events, weakening the cyclist’s claim.
Admitting Fault Or Making Inconsistent Statements
Accidents can be chaotic, and in the immediate aftermath, it can be tempting to apologize or admit fault, even unintentionally. Statements like “I didn’t see you” or “I should have been more careful” can later be used against the cyclist. Similarly, providing inconsistent accounts of the accident may raise questions about credibility. Remaining calm, factual, and concise when describing events is essential.
Ignoring Medical Attention Or Failing To Keep Records
Seeking immediate medical attention after an accident is crucial, even if injuries initially appear minor. Delaying medical care can create doubt about the severity of injuries and their connection to the accident. Additionally, failing to maintain medical records, bills, and treatment plans can hinder the ability to prove damages in a claim. Comprehensive documentation of injuries is indispensable for a strong case.
Engaging In Reckless Or Distracted Cycling
Cyclists who engage in reckless behavior, such as weaving through traffic or using a phone while riding, can face challenges in proving fault. Such actions may be used to argue negligence, reducing or eliminating potential compensation. Riding responsibly and staying focused on the road is not only safer but also minimizes liability concerns.
Riding Under The Influence
Cycling under the influence of alcohol or drugs is a serious offense that can significantly impact the outcome of a legal case. It not only poses a danger to the cyclist and others but also undermines credibility and creates grounds for shared or complete fault in an accident. Staying sober while cycling is imperative for both safety and legal standing.
Not Consulting Legal Professionals Early
Delays in seeking legal advice can lead to critical missteps in handling an accident case. Cyclists who wait too long to consult legal professionals may miss deadlines, fail to collect key evidence, or make errors that could have been avoided. Prompt consultation from a bicycle accident attorney ensures that all necessary steps are taken to protect legal rights and pursue appropriate compensation.
Reach Out Today
The Eskesen Law Firm knows that protecting a legal claim after a bicycle accident requires diligence and adherence to the law. By avoiding careless mistakes and taking proactive measures, cyclists can strengthen their case and improve the chances of obtaining fair compensation. For those seeking guidance after an accident, reaching out to a trusted legal professional can provide clarity and peace of mind. Contact a qualified lawyer today to learn more about safeguarding your rights and navigating the legal process effectively.