Huntsville Bicycle Accident Attorney

To recover monetary compensation for injuries suffered in a bicycle accident, the injured accident victim has the sole legal burden of proof.

First, the accident victim must establish that the other driver owed them a duty of reasonable care under the circumstances, which they subsequently violated.

A driver may deviate from the standard of care by breaking one or more traffic laws, driving in a distracted or careless manner, or drinking and driving.

Next, the injured cyclist must show that their bicycle accident was a direct and foreseeable result of the driver’s careless or reckless behavior. Finally, the accident victim must demonstrate, through medical testimony, that they suffered at least one physical injury in their bicycle accident.

Medical testimony will often be necessary to establish that a causal relationship exists between the bicycle accident and your subsequent injuries.

Specifically, a trained medical provider can establish, based on a reasonable degree of medical certainty, that your claimed injury or injuries directly resulted from the accident. A medical provider can also establish that the accident victim suffered one or more permanent injuries as a direct result of their bicycle crash.

Our experienced legal team at McCutcheon & Hamner can retain a medical expert in your case and establish your legal burden of proof. Then, through either settlement or litigation, we can pursue the monetary damages you need.

Where Do Bicycle Accidents Occur in Huntsville?

Unfortunately, bicycle accidents near Huntsville, Alabama, are an all-too-common occurrence. As recently as this summer, a fatal bicycle crash happened near Memorial Parkway and Mastin Lake Road. This particular accident involved a commercial vehicle.

Bicycle accidents can happen in the downtown area, where significant numbers of cyclists tend to be present. Serious bicycle crashes may also occur at traffic intersections and on roads equipped with bicycle lanes. In addition, they may occur in local parking lots and parking garages.

In most situations, these bicycle accidents result from careless and distracted driving. If you or a person you love suffered injuries in a bicycle accident in one of these locations, our legal team will strive to recover the monetary compensation you deserve for your injuries.

McCutcheon & Hamner can investigate your accident, file the necessary claims, and, if necessary, pursue litigation on your behalf in the Alabama court system.

Common Types of Bike Accidents in Huntsville

When other drivers are negligent or reckless, they can easily cause a serious crash with a nearby bicyclist. One of the most common causes of bicycle accidents includes sideswipe collisions, where the side of the vehicle hits the side of a bicycle traveling in an adjacent traffic lane or designated bicycle lane.

Another common type of accident includes rear-end collisions, where the front of a vehicle hits the back tire of a bicycle, frequently dislodging the cyclist from their bicycle and causing them to suffer debilitating injuries.

A head-on bicycle crash, on the other hand, happens when another vehicle hits the front tire of a bicycle. In this type of collision, the bicyclist may suffer fatal injuries, especially if the striking vehicle hits them with a significant amount of force.

A T-bone or broadside bicycle accident happens when the front of a vehicle hits the side of a bicycle, such as at a traffic intersection.

Most of these bicycle accidents happen when drivers behave negligently and carelessly. In some circumstances, drivers exhibit road rage or aggressive driving maneuvers. Other drivers may become upset because of a slow-moving bicycle. In response, they may try to pass the bicycle, cutting it off in traffic.

Aggressive drivers also routinely speed, fail to use their turn signals in bicycle traffic, and tailgate bicyclists. Unfortunately, these reckless and careless driving maneuvers can lead to serious accidents that leave a bicyclist with severe or fatal injuries.

Another common cause of bicycle accidents is standard traffic law violations. When drivers disregard traffic laws, they put themselves in danger and the lives of other motorists and cyclists.

Common road-rule violations that lead to a bicycle crash include:

• Failing to use turn signals.
• Failing to yield the right-of-way at the proper time.
• Speeding during unfavorable weather or traffic conditions in existence at a particular time.

Bicycle accidents may also occur when drivers become distracted. Many activities, including texting and non-electronic activities, can be highly distracting behind the wheel. Whether a driver looks at their smartphone or checks on kids in the back seat, looking away from the road or losing focus for even an instant is enough to cause devastating bicycle collisions.

Bikes are difficult to see already, and the chances of an accident increase substantially when a driver allows themselves to become distracted.

Finally, a bicycle accident may happen when the driver is under the influence of alcohol or drugs. Most drivers of passenger vehicles are legally intoxicated if their blood alcohol concentration reaches a minimum level of 0.08 percent.

At this level, a driver is legally intoxicated and may exhibit both physical and mental impairments.

First, a driver may experience blurred vision that prevents them from even seeing a nearby bicyclist. An intoxicated driver may also experience mental symptoms, including lack of concentration, confusion, delayed reflexes, and delayed reaction time. Because of these complications, an intoxicated driver may not stop the vehicle in time to avoid hitting a nearby cyclist.

If you suffered injuries in a bicycle crash that occurred because of another driver’s negligence, speak with our legal team at McCutcheon & Hamner immediately to review your various options. We can choose the best course of action for your case and lead you during every step of the negotiation and litigation processes.

Common Bicycle-Accident Injuries

When compared with passengers in cars, trucks, and other enclosed vehicles, bicyclists are at a significant disadvantage. This is because bicyclists do not have a barrier or covering between their bodies and the ground.

If bicyclists fall to the ground in a serious crash, they are likely to suffer permanent and sometimes fatal injuries. Although a sturdy bicycle helmet should absorb some of the blow, even a bicyclist wearing one may suffer serious injuries in a forceful collision.

The bicycle accident victim’s injuries will depend on the specific accident circumstances, including the amount of force involved, the type of bicycle collision, and how the victim’s body strikes the ground.

Some of the most common injuries that bicycle accident victims suffer include:

• Rib fractures
• Bone fractures
• Traumatic head and brain injuries
• Complete and incomplete spinal cord injuries
• Full or partial paralysis
• Road rash
• Internal bleeding
• Internal organ damage
• Shoulder injuries
• Spinal cord injuries
• Soft tissue injuries

While you focus on fully recovering from your injuries, our experienced team of bicycle accident attorneys can start advocating for you. We can gather your medical records, bills, and other documentation to support your claim and submit them to the insurance company adjuster once your medical treatment is complete.

Fighting the Insurance Company After a Bicycle Crash in Huntsville

Recovering favorable monetary compensation for bicycle accident injuries is often an uphill battle, especially when dealing with an insurance company. Insurance companies and their adjusters may try to offer accident victims as little compensation as possible to satisfy their claims.

After all, insurance companies want to save themselves as much money as possible. They cannot accomplish that goal if they have to pay out a significant financial settlement, binding arbitration award, or jury verdict in a personal injury case.

Our skilled and aggressive legal team at McCutcheon & Hamner can represent you during all settlement negotiations and advocate for your legal rights and interests.

We can highlight the medical records in your case and bring up other favorable aspects of your claim to try and convince the insurance company to increase their settlement offer. We may also retain one or more experts, such as accident reconstructionists or medical experts (for example, treating healthcare providers), who can testify at a discovery deposition or civil jury trial in your case.

If the insurance company does not increase their offer favorably, we can demonstrate our intention to initiate litigation and, if necessary, file a lawsuit in the civil court system on your behalf. Often, even mentioning a lawsuit is enough for an insurance company to come around and make a favorable offer.

Our legal team will do whatever it takes to preserve your legal rights to compensation. While we strive to settle claims efficiently, we are also ready to go to court when necessary.

If litigation is the best course of action in your case, we will never hesitate to pursue it. We are skilled negotiators and litigators, which makes our team highly beneficial to any bike injury victims.

Consult McCutcheon & Hamner to learn how our firm regularly fights and succeeds for our injured clients.

Steps to Take Following a Huntsville Bicycle Accident

If you suffered injuries in a Huntsville bicycle accident, there are several steps that you must take to protect your health and legal rights.

First, concentrate on completing your medical treatment regimen. Doing so can ensure that you make a full recovery from your injuries. It also shows insurance company representatives that your injuries deserve favorable monetary compensation.

Next, retain all documentation relevant to your case. Those documents may include police reports, property damage photographs, photographs of your injuries, lost income documentation for medical providers and employers, medical records, and medical bills.

Next, contact our law firm as quickly as possible so that we can begin representing you and building your case. Once we review the above-referenced documentation, we can build a strong and persuasive settlement demand package and begin negotiating with insurance company representatives on your behalf.

Call an Experienced Huntsville Bicycle Accident Attorney Right Away about Your Case

If you sustained injuries in a recent Huntsville bicycle accident, time is of the essence. Our knowledgeable and compassionate lawyers at McCutcheon & Hamner can handle every aspect of your case and pursue the highest financial recovery available.

For a free case evaluation and legal consultation with an experienced Huntsville bicycle accident attorney, please call us at (256) 448-8523 or contact us online.