Phoenix Personal Injury Attorneys / Phoenix Bicycle Accident Lawyer
With mild winter weather and often-congested roadways, many people in Phoenix rely on their bicycles for exercise and enjoyment and as a more affordable and easier way to navigate the city streets.
The city’s Street Transportation Department has tried to improve bicycle roadway conditions by adding bike lanes and education on the hazards facing bicyclists. Unfortunately, the number of bicycle accidents in Phoenix remains high, with more than 375 collisions involving bicycles in a given year, resulting in nearly the same number of injuries and a handful of fatalities.
If a negligent motorist who was supposed to share the road with you injured you instead, an experienced Phoenix bicycle accident attorney from Hutzler Law can seek compensation for your injuries.
If you have been seriously injured in a bicycle accident, give us a call. We’re available to discuss your case and review the possible maximum compensation you deserve.CALL US NOW
If someone else’s recklessness caused you pain, we’re standing by to help you recover the maximum compensation available. To do this, we approach every case as though it will go to court.
Though most personal injury cases end in settlement negotiations, we are always ready to fight for more by building strong cases backed by medical experts, forensic accounts, and accident reconstruction experts. We leave no stone unturned so we can pursue the best possible outcome every time.
According to the Phoenix Street Transportation Department, more than 80 percent of bicycle accidents in the city happen within 150 feet of an intersection. This information is in line with other statistics that indicate that one of the most common causes of all traffic-related collisions in the city involves a failure of a roadway user to yield the right-of-way at red lights and stop signs.
Further, around 40 percent of bicycle accident collisions occurred while a motorist was making a right-hand turn. Right-turning drivers are a hazard to bicyclists as they are required to ride within a bike lane if one is available or on the far right-hand edge of the road otherwise. If the turning driver has failed to notice the bicyclist on the road’s edge, there is an extreme risk of this type of accident.
In recent years, the Phoenix City Council has approved around $4.5 billion in spending to provide enhanced safety features to three of the city’s most dangerous intersections, including:
However, regional bicycle advocates warn that placing a bike lane alongside a six-lane roadway is not enough to protect bicyclists, as they’re still riding right alongside six lanes of traffic.
Instead, they say, the city’s leaders should also focus on educating drivers on little-known rules about sharing the road with vulnerable roadway users, including bicyclists and pedestrians. These include allowing 3 feet between a vehicle and a bicycle when overtaking a bicycle in the travel lane, and the dangers of distracted driving, which is often why Phoenix drivers fail to notice the rider on the right-hand edge of a busy roadway.
Distracted driving involves anything that:
One of the most common and dangerous driving distractions in Phoenix and anywhere else in the U.S. is texting. It is simultaneously a manual, visual, and cognitive distraction that can result in a driver failing to yield for a bicycle. More than a quarter of Phoenix bicycle accidents result from failure to yield.
Other common causes of bicycle accidents in Phoenix include:
Despite ample studies showing the prevention of deaths and serious brain injuries in bicycle accidents through helmet use, there are no federal or state laws requiring helmet use in Arizona. Only a handful of the state’s cities have laws requiring riders under 18 to use helmets, including Tucson, Flagstaff, Sierra Vista, and Oro Valley, in addition to Pima County.
Traumatic brain injuries are one of the most serious injuries resulting from a Phoenix bicycle accident. These injuries involve permanent damage to the brain. They can result in disabilities such as memory loss, difficulty speaking or understanding spoken language, difficulty moving in a balanced and coordinated manner, and the inability to control one’s emotions or impulses.
Traumatic brain injuries are considered catastrophic injuries, which means there is a high likelihood of permanent disabilities resulting from the injury that will impair the sufferer’s ability to earn an income. Another type of catastrophic injury from a bicycle accident is a spinal cord injury, which generally results in paralysis, which is the partial or total loss of sensation and function beneath the site of the injury.
Other injuries commonly experienced in Phoenix bicycle accidents include:
Being injured in a bicycle accident can impact all facets of your life, causing you to incur profound expenses and impacts. In Phoenix, most injuries and deaths occur to individuals between the ages of 26 and 35, which is when many riders are establishing careers and focused on supporting their families and have much to lose if they miss work because of an injury.
Through Arizona’s personal injury claims process, victims of bicycle accidents can seek compensation for the costs and quality-of-life impacts resulting from the injury. This process generally involves seeking compensation from the at-fault party’s liability insurance policy through a claim made to the insurance company that carries the policy. If the insurance provider fails to compensate the claim, it can be filed as a personal injury lawsuit for the court to determine liability and damages.
To have a successful outcome to a Phoenix bicycle accident claim, you and your attorney must prove that someone else is liable by showing the following elements to the claim:
Bicycle accident claimants in Phoenix can seek compensation for their injury’s expenses, known as economic damages.
This compensation includes payment for:
Claimants can also seek compensation for the impacts that their injuries have had on their life, including:
One of the important services an attorney provides to a bicycle accident claimant is a valuation of the case. The claim is not generally valued until the claimant has reached maximum medical improvement, which occurs when their doctor determines that they are unlikely to make any additional recovery from their condition, even if they were to continue treatment.
In addition to the actual expenses incurred by the claimant because of the injury, the value of a claim also depends on the amount of insurance available to compensate the claim, the severity of the injury, the presence of permanent injuries that affect the ability to earn an income, and the level of carelessness or recklessness the at-fault party displayed.
Being injured in a hit-and-run accident doesn’t negate your right to seek compensation for your injury, but it does make a claim harder. Because you will most often file your bike accident claim against the at-fault party’s auto liability insurance policy, not having the name of the driver who hit you (let alone the name of their insurance provider) means you either have to wait until law enforcement locates the driver or you must find additional sources of liability with insurance to compensate the claim.
In most cases, individuals seeking compensation for the expenses or impacts of the injury or family members seeking compensation for the accidental death of a bicyclist have two years of the accident or death to file their claim as a lawsuit in court. You must adhere to the deadline, as failing to meet Arizona’s two-year statute of limitations can result in losing your right to seek compensation.
If you are the decedent’s spouse, child, parent, or the executor of their estate, you can seek compensation through Arizona’s wrongful death claims process for:
The legal team at Hutzler Law addresses every claim as if it is the highest value case we have and the one most likely to go to court. While most Phoenix bicycle accident claims will resolve through a negotiated settlement, we believe that preparing the claim for court right from the start allows us to gather the strongest evidence to support the claim. Our staff meets daily to discuss the cases we’re working on and ensure we’re on the same page as a team.
We also believe that we must guide our clients in addition to the legal services we provide to assist them with their claims. An attorney cannot make important decisions on matters involved in the case, such as whether to accept a settlement or file a lawsuit—those decisions belong to the claimant alone. What we can do, however, is provide our clients with the information they need to make informed choices about their claims.
If you have suffered serious injuries in a bicycle accident in Arizona, you should contact Hutzler Law as soon as possible.
Call our law firm today to request a free consultation at (480) 841-9761.
4323 N 12th St, Suite 101,
Phoenix, AZ 85014
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