Many Oregon residents enjoy riding bicycles to explore the state’s natural landscapes, enjoy urban green spaces, or as an environmentally friendly form of transportation. Unfortunately, many cyclists suffer severe injuries in collisions every single year, leading to significant hardship and stress.
If you are involved in a bicycle collision in Lake Oswego, you may have options for financial compensation. In these situations, trust the Lake Oswego bicycle accident attorneys at Tillmann Law to hold the at-fault party accountable and secure the compensation you deserve.
Bicycle accidents can happen for several reasons. In many cases, a driver’s negligence, like running a red light or turning without checking for oncoming cyclists, leads to a collision. In other cases, inclement weather, defective bike or vehicle parts, or road hazards and defects cause serious accidents.
Any type of bicycle accident can result in painful injuries that require significant recovery time and medical care. Some of the most common types of bicycle accident injuries include the following.
Oregon is a fault-based car accident state, meaning that drivers who are responsible for an accident must pay for their victims’ damages. These victims may include other drivers, their passengers, pedestrians, and cyclists. If you are injured in a collision caused by another driver’s negligence, you can file an insurance claim or a lawsuit against him or her.
Under Oregon’s insurance laws, all drivers must hold the following minimum amounts of liability coverage to uphold their financial responsibility in the event of an accident.
Most bicycle accident claims begin in the insurance process and proceed to a lawsuit if the claim is unsuccessful. However, your accident may exceed the at-fault driver’s insurance policy limits. In these situations, you may want to file a lawsuit first. If the driver does not have insurance, you can recover compensation by filing a claim under your own uninsured motorist coverage or personal injury protection policy.
If your accident was caused by a defective bicycle or vehicle part, you can file a product liability lawsuit against the manufacturer, distributor, or retailer of the defective part. You could also file a claim against a government agency if your accident was caused by a road defect or hazard.
Speak to a Lake Oswego bicycle accident lawyer from Tillmann Law to identify your optimal path to compensation.
Through an Oregon bicycle accident lawsuit or insurance claim, you can hold the at-fault driver accountable for the physical, emotional, and financial losses you sustained in the accident. You can recover two types of damages in your claim: economic and non-economic.
Economic damages involve your tangible, financial losses, which you can prove using evidence like receipts, invoices, and medical bills. Some of the most common types of economic damages include the following.
On the other hand, non-economic damages involve your physical and emotional losses. Commonly known as pain and suffering, some of the most common forms of non-economic damages include the following.
Your attorney from Tillmann Law can help you calculate the full extent of your damages and determine an accurate estimate of your maximum award. Your lawyer can enlist the help of expert witnesses, like medical professionals and life care planners, who can determine your long-term costs. Your attorney can also evaluate any compensation offers you receive, helping you avoid an insufficient settlement.
To secure compensation in a bicycle accident lawsuit, you will need to supply sufficient evidence proving that the other party is responsible for your collision. For a driver to be liable for your injuries, for example, you will need to show that he or she breached his or her duty to follow Oregon traffic laws and drive safely, causing your accident. Evidence like surveillance footage, witness testimony, police reports, and medical records can help establish liability.
However, it is common for a driver to defend himself or herself by shifting the liability to the cyclist. The driver may claim that you caused the accident by violating traffic laws or cycling unsafely. If the insurance company accepts this claim, the adjuster may reduce or deny your settlement.
In the courtroom, Oregon’s comparative negligence laws will apply. If the court believes that you share liability for the accident, it will reduce your award by the percentage of fault you allegedly hold. If you are 51% or more responsible for the accident, you will not recover any compensation.
In these situations, it is important to have a Lake Oswego bicycle accident lawyer from Tillmann Law on your side. Your attorney can defend you against accusations of shared fault, protecting your maximum award. Your lawyer can also craft a compelling case for your right to a settlement, proving the other party’s liability.
If you are injured in a Lake Oswego bicycle accident, the attorneys at Tillmann Law can help. Our firm is dedicated to achieving maximum recovery on your behalf and will fight diligently for your right to compensation. Contact us today to schedule your free consultation with a Lake Oswego bicycle accident lawyer.