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Idaho is a popular destination for cyclists, and many locals and visitors to the state use bicycles for transportation, whether it’s commuting to work or riding mountain bikes on our beautiful trails like the Boise River Greenbelt. However, despite the area’s beauty, driver negligence can result in tragedy for those who enjoy riding bikes in Idaho.
Whenever a cyclist is injured through an act of carelessness, the legal team at Sargent Law Firm Injury Lawyers is ready to protect their rights. Whether your life was changed forever by your injuries or you are struggling to cope after the loss of a loved one, our Idaho bicycle accident lawyers can take the pressure off of you.
Reach out to our bicycle accident law firm today. Learn more about how our Idaho personal injury lawyers can hold an at-fault driver accountable for your damages during your free case consultation.
Can You File a Bicycle Accident Claim if You are Knocked Off Your Bike in Idaho?
Yes, you can file a personal injury claim if you are knocked off your bike or hurt in a vehicle crash in Idaho. The state allows injury claims and personal injury lawsuits stemming from all types of vehicle collisions, including pedestrian/bicycle versus automobile incidents. Our personal injury attorneys can tell you if you have a valid claim.
If you’re thinking of pursuing a bike accident claim in Idaho, here are some basic facts about the state’s personal injury laws you’ll need to know:
Idaho Follows Modified Comparative Negligence Laws
Under Idaho Statutes § 6-801, Even if you, as the cyclist, are deemed partially at fault, you can still recover damages reduced by your share of responsibility. However, if you are found to be 50% at fault or greater, you may not collect any damages. Our job will be to ensure the insurance companies do not place a greater degree of fault on you than what is justified.
Evidence Must Show the Driver’s Breach of Duties
Negligence is demonstrated in four key elements:
- Duty of care: The driver’s legal obligation to follow the traffic laws and operate the vehicle safely
- Breach of duty: The at-fault driver’s decision to violate that legal obligation
- Causation: The accident and injuries that the driver’s decision led to
- Damages: The financial losses, physical injuries, and emotional trauma the bicyclist suffered
It will be our responsibility to gather evidence that proves these four elements exist in your accident. We do that through the collection of evidence.
In addition to the standard array of evidence, such as a police report, witness statements, and photos of the accident scene, helmet cam footage proving the driver’s liability carries significant influence when available.
As cyclists ourselves, we recommend every rider wear a helmet cam for just such an emergency.
Government Entities Can Also Bear Liability
Most bike accidents involve other motorists, but it is possible that there could be multiple parties at fault in your case. For example, if unsafe infrastructure conditions like potholes or faded bike lane striping contributed substantially to the crash, you can file a claim against the government agency having jurisdiction.
However, your time to pursue compensation is very limited. To begin, you must submit a notice of tort claim within six months, according to Idaho Statutes § 6-905.
Deadline to File a Bike Injury Lawsuit Is Two Years in Idaho
In most instances, our attorneys will successfully settle your claim with the insurance company. In fact, most cases in general are settled out of court. However, during negotiations, we may be unable to reach a settlement agreement with the insurers. In that case, we would advise taking your case to trial to secure fair compensation for your injuries.
Per Idaho Statutes § 5-219, the deadline to file a personal injury or wrongful death claim is typically two years. There are exceptions to these statutes that could extend that time, specifically concerning minor victims. If you contact our accident attorney early enough, though, they can ensure your case complies with these statutory deadlines.
If you fail to file your lawsuit before the statute of limitations expires, the courts could bar your case. Additionally, the right to sue is often used as leverage during settlement negotiations with the insurance companies. If you lose this leverage, you may be left with whatever settlement the insurers choose to offer.
We Will Manage Your Idaho Bicycle Accident Case While Your Heal
Our injury lawyers can thoroughly assess fault and build the strongest case possible, leveraging insurance policies, video footage, witness statements, and more to demand the compensation you and your family deserve for medical costs, lost wages, and pain and suffering. Your goal through this is to see your doctors and follow their treatment plans.
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Schedule NowTypes of Bicycle Accidents Our Idaho Injury Lawyers Represent
At Sargent Law Firm Injury Lawyers, we fight for the rights of those injured in accidents that should never have happened. In any of the following types of accidents, if a cyclist is injured and the collision was caused by negligence, we may be able to represent you:
- Car accidents
- Pedestrian accidents
- Motorcycle accidents
- Truck accidents
- Premises liability accidents
Whether your bicycle accident was caused by driver carelessness or poor lighting in a parking lot, we can help. We want to know how your life has changed since the accident, what medical bills you are facing, and how your job has been affected. Then, we will create a personalized strategy to fight for your compensation.
Choose Sargent Law Firm Injury Lawyers to Represent Your Idaho Bicycle Accident Claim
Choosing a law firm to protect your interests during such a difficult time is always challenging. At Sargent Law Firm Injury Lawyers, we are proud that so many people and their loved ones have chosen to hire us after personal injury accidents. We have represented thousands of clients in California and Idaho and have a $40 million track record of getting results.
Read our client testimonials to learn why so many injured people in Idaho choose our bicycle accident law firm. From our commitment to our clients to our use of the latest technology to keep you up to date on your case, you will appreciate what we can do to take the pressure off you.
Are you ready to learn more about your legal options in Idaho? Call Sargent Law Firm Injury Lawyers or fill out our contact form to learn more about how we can help you get compensation during your free consultation.
Who Is Usually At Fault If a Bicycle Is Involved in an Accident?
When determining fault and negligence in an accident involving a bicycle, there are several important factors to consider:
Motor Vehicle Drivers Are the Most Common Cause of Bike Crashes
Drivers who do not adhere to traffic safety laws, such as yielding to cyclists, changing lanes or turning in front of a bicycle improperly, and failing to slow down when cyclists are present, are often the party majority at fault in a car vs. bicycle crash. In cases where cyclists are involved in multi-vehicle accidents, there may be more than one at-fault party.
Cyclists Can Cause Injuries When Behaving Recklessly
The cyclist is at fault if they are violating specific traffic signage laws, such as:
- Not stopping
- Swerving erratically
- Riding on the wrong side of the road
- Failing to use hand signals
- Riding without lights in dark conditions
Everyone on the road must obey the traffic laws of the state. Cases involving other cyclists can be complex if they are uninsured. Our accident attorneys can investigate your bicycle accident and may be able to help you find the compensation you need to recover.
Municipality/Property Owners Could Be At Fault
As stated above, you can sue a municipality. This also includes property owners, building managers, and tenants. Poorly maintained roads/bike lanes with hazards and defects, infrastructure design flaws that precipitate dangerous interactions between cars and bicycles, and poorly maintained properties could place liability for an accident on local agencies or property owners.
Through our investigation, we will identify who was responsible for your injuries. If there are multiple parties at fault, we will file an insurance claim with each insurer.
It’s free to speak with us and learn the value of your case today.
Call Us NowWhat Happens If You Have a Bicycle Accident in Idaho?
Here is an overview of key things that happen if you are injured in a bicycle accident in Idaho and were to hire us:
- See a doctor immediately. We would advise that you see a doctor as soon as possible. They can diagnose your condition and start you on a treatment program. This action helps us connect your injuries to the accident.
- File a police report. Call 911 and have law enforcement officers dispatched to the scene to interview parties, document conditions, take measurements, gather contact info, etc., to create an official incident report. Their report will typically cite who they found at fault and whether any citations were issued.
- Discuss your case with our legal team. You, as the bicycle accident victim, can contact us for legal counsel shortly after the accident. During your free consultation, we can explain your legal options.
- Make an insurance claim. Once you hire us, our attorney will investigate your accident and review any insurance policies involved. They will pursue an injury claim through the at-fault driver’s auto insurance. However, we may have to explore other options, such as your uninsured/underinsured motorist coverage, health insurance, or additional avenues seeking reimbursement of your medical costs and lost income.
- Insurer conducts a fault investigation. The insurer will scrutinize details independently and likely order a reconstruction expert analysis to determine percentages of liability between you and the at-fault party based on the evidence found.
- Send a settlement demand letter. Once your bicycle accident attorney quantifies injuries and calculates all associated present and future losses, a specific demand amount seeking compensation for your share of crash damages will be submitted to the insurance companies.
- Enter into the negotiations phase. Complex back-and-forth negotiations ensue with the insurers to agree on an equitable settlement offer to account for your quantified losses.
- Possibly take court action. Failure to negotiate a fair settlement value may ultimately result in your accident attorney filing a civil lawsuit against the at-fault party.
Throughout every stage of your case, our Idaho bicycle accident attorneys will advise you on what you should avoid in a bicycle accident claim. From the minute your bicycle accident happens, any mistake you make can hurt your claim’s value.
How Idaho Bicycle Accident Lawyers Determine the Value of a Claim
Understanding how much your bicycle accident claim could be worth takes a comprehensive evaluation of the case details. As your attorneys, here is how we would calculate potential claim value:
- First, we thoroughly document the collision details, including how the accident happened and the driver’s breach of duties or negligence that led to endangering you as a cyclist.
- Next, we thoroughly assess the severity of physical injuries and their impacts. Bicycle accidents can result in severe injuries, such as traumatic brain injuries (TBI), internal injuries, road rash, and broken bones. We will include past/future medical expenses tied directly to the crash, lost income from missing work, quantifying pain and emotional distress, and permanent impairment levels.
- Additionally, we explore how negligence factors affect case value, including the degree of fault held by the negligent driver.
- Lastly, we apply our litigation experience to strategically craft demand letters to insurers, submit binding arbitration requests, or prepare jury trial arguments to demand a just settlement for your bicycle crash.
The unique attributes of each bicycle crash combined with victim impacts require custom valuation tactics. A bicycle accident lawyer in Idaho can estimate your claim’s value after we examine your evidence.
Get a Free Consultation With an Idaho Bicycle Accident Lawyer
At Sargent Law Firm Injury Lawyers, our Idaho bicycle accident lawyers are dedicated to protecting the rights of the injured. We offer our legal services on contingency. You pay us nothing up front. We only receive payment when we secure a settlement offer or court award. There’s no financial risk to you.
Our Coeur d’Alene office is located at 1450 Northwest Blvd Suite 104, and we serve clients across Idaho. To learn more about your personal injury claim and how much it may be worth, call us today or contact us online for a free case consultation.
