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Category: vehicle accidents

What to Do When in a Bicycle Accident

If you are ever riding a bicycle and are hit by a car or a truck, it is vitally important that you take certain steps to seek immediate medical treatment, mitigate the damage from the accident and document all of the facts surrounding the circumstances of the accident.

The fact is that when a bicyclist is injured in an accident with a vehicle, the potential for serious damage and harm is enormous. A bicyclist has no real protection in such a collision, certainly not the protection another driver might have in a car.

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Reasons Why You Should Never Delay Medical Treatment After an Accident

Whenever anyone is involved in a traffic accident caused by another driver, it is the last thing they wanted to deal with. Shocked out of the routine of your busy day, broken out of the course of events, nobody wants to deal with the aftermath of an accident, least of all, leaving your car and seeking medical treatment. So, quite often, people don’t seek medical treatment right away after an accident. Sometimes for reasons related to work or other responsibilities, people wait several days to actually seek treatment following a car accident.

Medical Reasons Not to Delay Treatment

Delaying treatment in auto accident cases can be a serious mistake for several reasons. For obvious reasons, it can mean a worsening or prolonging of the injuries resulting from the accident. Injuries like soft tissue injuries or brain injuries resulting from auto collisions, for instance, don’t manifest symptoms sometimes for weeks, maybe even months later.

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Delayed Pain and Personal Injury

Personal-Injury-and-Delayed-Pain

A car accident can be an incredibly distressing and upsetting event, not just mentally or emotionally but also physically. The body takes quite a beating in some collisions and the damage done isn’t often most readily seen.

In fact, quite frequently, people involved in an accident don’t immediately notice resulting physical trauma at all. Many notice very few (if any) symptoms and often choose not to see a physician after the accident. It’s extremely important, whether or not one is immediately aware of physical pain or trauma after a car accident, that you take certain precautionary measures to protect yourself from damaging outcomes that often result in these cases.

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Damages An Insurer Must Pay in Accident Cases

In car accident cases, insurers are responsible for covering a wide assortment of damages for which their client is liable. When a person is injured due to neglect, those damages can add up quickly. Among the list of damages insurers are often responsible for are: medical care and related treatment expenses; lost income resulting from the accident or time spent recuperating; any permanent physical disability or disfigurement; loss of social, consortium, missed school, training, vacation and special events; emotional damages (stress, depression, strains on relationships); and damage to property.

As you can see, many of these kinds of damages can mount to a significant award. But insurers are often compelled to limit those damages. Despite the requirement to cover the array of damages for which their client is responsible, insurers take great pains to pay as little as possible. That’s all the more reason it’s important to be represented by a practiced personal injury attorney who can negotiate on your behalf.

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Negligence and Personal Injury

In most personal injury cases, the plaintiff must demonstrate negligence in order to recover damages.

"Negligence" is a legal term that simply means an individual behaved in a careless or thoughtless way, which can open them up to liability should that negligence give way to harm or damage. Negligence may be shown in either the action or inaction of others. For instance, a driver may speed recklessly through a school zone or a driver may fail to yield to a child in the same school zone while driving at a reasonable rate of speed. In both cases the driver is likely guilty of negligence.

The fact is drivers have a duty to act in a responsible manner when behind the wheel of a car. This duty or responsibility is sometimes called a "duty of reasonable care." Of course, all drivers have a responsibility to observe to rules of the road in their state or local municipality, but they also have a distinct responsibility to maintain safe driving practices should road conditions change to warrant it.

For example, if a highway's speed limit is published at 35 mph, yet weather conditions at the time of an accident included heavy rain and sleet providing slippery surfaces and low visibility. The responsibility of the driver should have been to proceed more slowly and approach road conditions more carefully. Failure to do that would expose the driver and his/her insurer to liability should an accident result and injury or damages occur.

If, in fact, both drivers act irresponsibly then the fault for resulting injuries may be shared by both drivers. The applicable theory of legal liability then becomes comparative negligence. Proving negligence is, not the only basis, however, for a personal injury claim. Claimants must also prove not only that the other party was indeed negligent but also that they themselves suffered injuries and/or damage.

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