When you go for a bike ride or run, the last thing you expect is to be hit by a car. Unfortunately, these types of accidents happen far too often. Cyclists and runners frequently suffer serious (and expensive) injuries in these types of accidents, and when they do, seeking just compensation is a critical step in the recovery process. This starts with engaging an experienced Birmingham bicycle accident attorney or pedestrian accident attorney to protect their legal rights.

What Are Your Legal Rights After Being Hit By a Car as a Cyclist or Runner?

If you’ve been hit by a car while riding your bike or running in Alabama, what are your legal rights—and what can a Birmingham bicycle accident attorney or pedestrian accident attorney do to protect them? Here’s what you need to know:

You Have the Right to Just Compensation

If the driver who hit you was at fault in the accident, you have the right to just compensation under Alabama law. In both bicycle accident and pedestrian accident cases, negligent drivers can be held fully accountable for the consequences of their mistakes. This means that your attorney will be able to help you seek just compensation for your present and future:

  • Medical expenses (including diagnosis, treatment, rehabilitation, medical supplies and prescriptions)
  • Loss of income (including lost wages or salary, lost benefits, lost business income, and lost future earning capacity)
  • Non-financial losses (including permanent scarring, pain and suffering, emotional trauma, and loss of enjoyment of life)

The financial and non-financial costs of a serious accident can add up very quickly—and they can continue adding up for a very long time. As a result, before you make any decisions about your next steps, it is critical to consult with an attorney who can help you understand how much you are entitled to recover.

You Have the Right to Find Out Why the Driver Hit You

In the substantial majority of cases, collisions with cyclists and runners are the result of driver negligence. You have the right to find out why the driver hit you—and you will need evidence of fault in order to seek the financial compensation you deserve. Some of the most common forms of negligence in collisions with cyclists and runners include:

  • Distracted driving (including talking on the phone, texting, talking to passengers, and eating or drinking behind the wheel)
  • Reckless driving (including speeding, running red lights and stop signs, and following or passing too closely)
  • Impaired driving (including driving under the influence of alcohol, marijuana, prescription medications and other drugs)

When you hire an attorney to represent you, your attorney will conduct an investigation focused on gathering the evidence needed to prove that the driver who hit you was at fault. Once your attorney has the evidence he or she needs to prove the driver’s negligence (and to prove that you did not play a role in causing the collision), then your attorney will be able to seek just compensation on your behalf.

You Have the Right to Legal Representation at No Out-of-Pocket Cost

When you have a claim for a bicycle accident or pedestrian accident, you have the right to hire an attorney at no out-of-pocket cost. This is known as “contingency fee” legal representation. When you hire an attorney on a contingency-fee basis, you pay no up-front or hourly legal fees, and you pay nothing at all unless your attorney helps you secure just compensation.

You Have the Right to File an Insurance Claim (or Multiple Insurance Claims)

How do you seek just compensation for a bicycle accident or pedestrian accident? Most likely, you will need to file an insurance claim (or perhaps multiple insurance claims). Depending on the circumstances at hand, your attorney may be able to assist you with filing one or more of the following types of claims:

  • A bodily injury liability (BIL) claim under the driver’s auto insurance policy
  • An uninsured/underinsured motorist (UIM) claim under your auto insurance policy
  • If the driver was working at the time of the accident, a liability claim under his or her employer’s insurance policy

Even these are just examples. When you are coping with serious accident-related injuries, it is critical to ensure that you are seeking just compensation by all means available. Again, an experienced attorney can help, and it is strongly in your best interests to schedule a free initial consultation as soon as possible.

You Have the Right to Be Treated Fairly During Insurance Settlement Negotiations

When you file an insurance claim in Alabama, you have the right to be treated fairly during the settlement negotiation process. Insurance companies are prohibited by law from using bad-faith tactics to try to avoid liability.

But, this does not mean that you can expect the insurance companies to simply pay what they owe. To the contrary, you can expect them to fight your claim by all legal means available. To make sure the insurance companies treat you fairly—and to make sure you do not settle for less than you deserve—it is imperative that you have an experienced Birmingham bicycle accident attorney or pedestrian accident attorney on your side.

You Have the Right to Go to Court if Necessary

Finally, if you do not receive a fair settlement offer, you have the right to go to court. This also requires experienced legal representation. When you hire an experienced attorney to represent you, your attorney will help you make an informed decision about whether to settle your claim, and if you decide not to settle, your attorney will be prepared to fight for just compensation on your behalf at trial.

Schedule a Free Consultation with a Birmingham Bicycle Accident Attorney or Pedestrian Accident Attorney Today

If you were injured while cycling or running in Alabama, we encourage you to contact us promptly for more information. To speak with an experienced attorney about your case in confidence as soon as possible, call us at 205-855-2745 or request a free consultation online today.