Oakville, MO Bicycle Accident Lawyer

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Oakville, MO Bicycle Accident Lawyer

Oakville, MO Bicycle Accident Attorney

Many people enjoy bicycling in Missouri for exercise, enjoyment, and personal transport. When motor vehicles strike bicyclist, they can result in serious injuries to cyclists. If you were involved in an accident that was caused by the negligence of another party, you need an Oakville, MO, bicycle accident lawyer to help you get the compensation you deserve.

The Cagle Law Firm: Your Bike Accident Attorneys

A serious bicycle accident can result in head trauma, lacerations, broken bones, and other injuries, some of which can be long-lasting or fatal. If you or a loved one has been hurt because a motor vehicle driver acted carelessly or recklessly, you need an attorney who is well-versed in filing bicycle accident claims. At The Cagle Law Firm, we can provide you with the legal representation you need.

Our team is glad to help injured individuals and their families find financial recovery after a personal injury, and we are proud to support our community in this way. We know that filing an insurance or lawsuit is often a daunting situation for our clients, and we want to make the process as easy as possible.

Determining Fault in Your Bike Accident in Oakville

To hold a driver or another party liable for the monetary cost of your damages, you must prove they were at fault for the accident. There are several elements needed in a personal injury claim to prove that another party is at fault, including:

  1. Duty: The party owed you a reasonable duty of care.
  2. Breach: The party breached this duty of care, such as through negligent actions or inaction.
  3. Cause: The accident, incident, or injury was directly caused by this breach of care.
  4. Damages: The incident resulted in you sustaining recognizable damages.

In car accident claims, the driver who is at fault for the accident has claims filed against their insurance provider. If a bicyclist is hit by a driver of a motor vehicle, a claim could be filed with their auto insurance provider. Depending on the actions of the insurance carrier, you and your attorney may opt to move forward with a lawsuit.

Common Causes of Bicycle Accidents

In Oakville, Missouri, an investigation of the cause of the accident is crucial to determine what parties may be at fault. Some of the most common causes of bicycle accidents include:

  • Distracted drivers, such as drivers who are eating, changing music, or texting
  • Aggressive drivers who do not allow cyclists appropriate space on the road
  • Distracted cyclists, such as those who are changing music on their mobile devices or not paying attention
  • Defects on the road, such as potholes or degrading road shoulders
  • Cyclists or drivers who are under the influence of drugs or alcohol
  • Fatigued drivers or cyclists
  • Drivers speeding or ignoring road signs
  • Failure to yield or check blind spots
  • Opening car doors into the path of a cyclist
  • Failure of car or bike components

In some bicycle accidents, drivers of other vehicles are at fault. Drivers may have a hard time seeing bicyclists or fail to look for them. This can result in minor collisions or very severe accidents.

If the collision was caused by a faulty part of a car or bicycle, then the accident may be the fault of the manufacturer or designer of that part or the party who completed improper maintenance. Accidents caused by a bad road may be the fault of the public or private agency responsible for its upkeep.

Whichever party caused the accident due to negligence, recklessness, or misconduct is responsible for the resulting damages. An attorney is crucial in determining which party or parties are at fault, and an pursue compensation on your behalf.

FAQs

Q: How Much Compensation Can You Get for a Bicycle Accident?

A: The amount of compensation you can get for a bicycle accident will depend on how serious your injuries are, as well as the costs of other damages. In more serious accidents, you may have injuries that are very costly to treat, require you to take months or years off of work, and affect you significantly for the rest of your life. In more serious injuries, naturally a larger settlement, is warranted and needed opposed to minor injury that requires little treatment.

Q: Who Is Usually at Fault If a Bicycle Is Involved in an Accident with Another Vehicle?

A: There is not a standard answer for who is most likely at fault as each collision and person is different. There are many parties who may be at fault if a bicycle is involved in a motor vehicle accident, including:

  1. The driver, who could have driven distracted or failed to yield
  2. The bicyclist, who may have been distracted, riding on the incorrect side of the road, or even been under the influence
  3. The agency responsible for road maintenance
  4. The manufacturer or distributor of failed bike components

In states like Missouri, all at-fault parties are held responsible for their percentage of fault in the accident.

Q: Can I File a Claim If I Get Knocked Off My Bike?

A: You could file a claim within five years if you get knocked off your bike, depending on the circumstances. In some states, actual contact is required.  If you sustained injuries and there is significant evidence that another party caused the injury, then you can possibly seek economic or non-economic damages from the other party. If you have been hit by a motor vehicle, you likely have suffered significant injuries, damage to your bicycle, and lost income while you recover from the injuries. These are all losses that are compensable if another party, like the driver, acted negligently.

Q: What Is a Contingency Fee in a Bicycling Accident?

A: A contingency fee in a cycling accident is a type of fee often charged by a personal injury attorney for representation. Most personal injury attorneys work on contingency only fees.  Instead of upfront legal costs, a contingency fee means that an attorney is paid a percentage of the final resolution of the case if they successfully win. If you have been involved in a bicycling accident, trying to pay legal fees upfront would be prohibitive for most. By using a contingency fee, you can increase your likelihood of recovering compensation without having to worry about the upfront costs of legal counsel.

Finding Skilled Attorneys in Oakville

If you were injured in a bicycle accident, an attorney can help you determine if you have options for recovering compensation. At The Cagle Law Firm, we want to be someone you can rely on after a painful and frustrating experience. Contact our firm today to see how we can help you obtain fair compensation.

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