The Pacific Northwest is a beautiful area to explore by bicycle. Even major cities like Seattle are taking steps to encourage more residents and visitors to travel by bike, which is an especially inviting option in the warm summer months. Unfortunately, sharing a road with larger motorized vehicles like cars, vans, and trucks does not come without its share of safety risks. According to data from the Washington State Department of Transportation (WSDOT), “In 2022, there were 142 bicyclist serious injuries, an increase of 43.4 percent from 99 in 2021.” Most serious bicycle accidents occur in highly congested areas where larger vehicles are traveling at higher speeds, increasing the likelihood of inflicting considerable physical harm to vulnerable cyclists and pedestrians (who do not have any exterior protection that could absorb some of the impact of a larger vehicle). Those who suffer cycling accident injuries due to a negligent or reckless driver may be entitled to recover compensation by filing a bicycle injury claim.
If you have been injured in a bike accident in the greater Seattle area and you are interested in exploring your options for securing the compensation you need to get your life back on track after the incident, reach out to a highly qualified and experienced Seattle personal injury attorney as soon as possible to get started. Let’s take a closer look at how bicycle accident lawsuits typically unfold in Washington state and the steps you can take to maximize your chances of obtaining a fair and favorable outcome.
Determining Fault in Bicycle Personal Injury Claims
In order to move forward with a cycle accident injury claim in Washington state, fault determinations must be established that show that the injured party is entitled to recover compensation from the at-fault party. As a bicyclist sharing the road with larger motorized vehicles, you still carry the same rights and responsibilities as a motorist. This means that cyclists must observe traffic laws, such as signaling before making a turn and stopping at intersections. If you were riding your bicycle while obeying all traffic laws and struck by a reckless or negligent driver, you will need to show that the other party was at fault or liable for the incident that caused your injuries. For instance, if the driver of a car failed to check their mirrors before making a right turn, which caused them to turn into your path and collide with you, you and your personal injury attorney can make the case that the driver’s failure to drive safely was a form of negligence (and, therefore, grounds for holding them legally and financially accountable). Fault determinations can be complex and challenging to navigate without high-quality legal guidance, so it’s worth seeking the services and support of a dedicated Seattle personal injury lawyer to improve your chances of filing a successful cycling injury claim.
Understanding Washington’s Comparative Fault Laws
Washington laws observe what’s known as pure comparative negligence, which means that both parties can be considered partially responsible for an accident. Although this principle is usually applied to accidents involving two cars or trucks, it also applies to accidents between a car and a bicycle. Under this principle, a cyclist who is partially responsible for the collision may still recover some portion of the damages. For example, if investigations determine that the biking accident was 20 percent your fault and 80 percent the fault of the other driver, you can still recover 80 percent of the total damages awarded. Since these calculations and determinations tend to become complicated, it’s best to work with your experienced personal injury attorney to receive the customized legal guidance you need to navigate this process with greater certainty.
Recognizing the Role of Insurance Companies in Bicycle Accident Lawsuits
Many cycle accident injury claims involve drivers of larger automobiles or trucks. If another driver’s inattentiveness or distracted driving behaviors caused the collision, the injured bicyclist can file a claim against the at-fault driver’s auto insurer. However, it’s important to recognize that car insurance companies are committed to protecting their bottom lines, which means that they will use any number of tactics to deny or minimize your claim. Engaging in tense communications with these seasoned insurance adjusters can be frustrating and intimidating, which is why it’s highly recommended that you have your trusted Seattle personal injury lawyer step in to handle these conversations on your behalf. Your experienced attorney is familiar with the insurance company’s negotiating tactics and is fully prepared to push back against any attempts to deny you the compensation you rightfully deserve. Let your dedicated legal advocate handle this aspect of your personal injury claim so that you can focus on what matters most—your recovery.
How to File a Bicycle Injury Claim in Washington State
If you have been involved in a bicycle accident in the greater Seattle area, it’s important to take specific steps to protect your safety and improve your chances of recovering the compensation you need to help with the costs of your recovery. Immediately after the incident, determine whether your injuries warrant an ambulance or a trip to the hospital. As you wait for medical assistance to arrive, it may be worth contacting local law enforcement so that the responding officer can arrive at the scene to compile a police report. The police report serves as an account of the scene and the factors leading up to the collision. Any nearby witnesses can share their impressions of the event, which may prove valuable when you move forward with your bike accident claim. Even if you do not believe your injuries are severe enough to justify a hospital visit, you should still schedule an appointment with a doctor so that they can assess you for any harder-to-detect injuries, such as concussions or internal bleeding. Moreover, seeking medical attention shows how seriously you are taking your injuries, further supporting your need for compensation. To learn more about how filing a bike accident claim can help you recover compensation for the damages, medical bills, and lost wages you suffered as a result of your injuries, reach out to a highly trusted and experienced personal injury attorney today.
At Scott & Scott, PLLC, we are on the side of citizens—individuals, not corporations. If you have suffered injuries in a biking accident in the greater Seattle area, we invite you to contact our office by calling (206) 622-2200 to discuss your options for recovering the compensation you need to assist with the costs of your recovery.
