Who Is Liable for My Bicycle Accident in St. Louis, Missouri?

According to the National Highway Traffic Safety Administration, 94 percent of motor vehicle crashes are caused by driver error. So, most of the time, you can hold the other driver liable and get compensation through their insurance company. However, depending on the circumstances of your crash, other parties may share or have complete liability:

• A vehicle or bicycle manufacturer, if a defective component caused or contributed to your crash.
• A mechanic, if they negligently repaired the vehicle or your bicycle.
• A construction company if they did not properly cordon off a road construction site
• A government entity charged with safely designing and maintaining roads, if a road hazard such as a pothole or a sign that limited a driver's visibility caused or contributed to your crash.

Your Burger Law bicycle accident lawyer will conduct a thorough investigation into your case to determine every party who broke the rules and hold them accountable. If your damages exceed the driver's policy limits, finding other liable parties is essential to getting you the full compensation you deserve.

Establishing Liability in a St. Louis Bicycle Accident

When evaluating a personal claim involving a bicycle accident, most courts will examine the actions of both the driver and the bicyclist extensively. Both drivers and bicyclists have a legal obligation to exercise a reasonable degree of care, and as long as the bicyclist was following traffic laws at the time of the accident, a St. Louis bicycle accident lawyer will be able to prove the driver engaged in negligent behavior.

Drivers are legally required to share the roadways with bicyclists, and if speeding or reckless driving is a factor in the accident, it will be taken into consideration by the court. However, if the bicyclist is believed to have engaged in the dangerous or reckless behavior, the court may decide that both parties bear a certain degree of responsibility. In that case, you can still receive compensation for most of your damages.

What Can St. Louis Bicycle Accident Lawyers Do For My Case?

Besides conducting an investigation into your accident, a bicycle accident lawyer will:

• Obtain key evidence such as security camera footage, depositions from eyewitnesses and expert witnesses
• Ensure you get the medical care you need
• Determine the full extent of your economic damages and noneconomic damages
• Prepare and deliver a settlement demand package to the liable parties' insurance companies
• Handle all of the legal and administrative aspects of your case so you can focus on healing
• Fight back against a resistant insurance adjuster if they refuse to be fair
• Offer sound legal advice based on our experience and knowledge, but always allow you to make the final decision for you and your St. Louis family
• Take your case in front of a judge and jury if we cannot secure fair compensation in negotiations

As experienced trial attorneys, the St. Louis bicycle accident lawyers of Burger Law will be able to stand by your side throughout your entire case, no matter how long it takes — from initial consultation to a jury verdict in your favor.

St. Louis Bicycle Accident Lawyers: Frequently Asked Questions

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How Much is My Bicycle Accident Claim Worth?

This is a question everyone wants to know, but that is impossible to answer generally without knowing the details of a case. Compensation in a personal injury case is based on the concept of being made whole. That means you are repaid for all of your medical expenses, lost wages and out-of-pocket expenses. Additionally, you will receive compensation for the less tangible consequences of your injuries, such as pain and suffering, mental anguish or loss of consortium.

The more severe your injuries, and the more they have affected you physically, mentally and emotionally, the higher your compensation will be. Your financial recovery could be anywhere from $15,000 to millions of dollars. Speak to a St. Louis bicycle accident lawyer at (314) 500-HURT for a better idea of how much your claim may be worth.

How Long Do I Have to File a Bicycle Accident Claim in St. Louis and Missouri?

The Missouri statute of limitations for personal injury claims is five years, meaning you have five years from the date of the accident to file a lawsuit. The Illinois statute of limitations is two years. While that may seem like a long time, you still need to contact an attorney as soon as possible. Evidence will be easier to gather sooner, and eyewitnesses need to have fresh memories.

If a bicycle accident tragically ends in the wrongful death of a loved one, you have three years from the date of their passing to file a claim in Missouri, and two years in Illinois.

How Much Does It Cost to Hire a Bicycle Accident Lawyer in St. Louis?

Hiring a bicycle accident lawyer costs nothing upfront. Burger Law's personal injury attorneys work on a contingency fee basis. That means we take a percentage of your total compensation as our attorneys' fees, but only if we win and only after you are compensated. There is no reason financial concerns should keep you from getting great legal representation.

What If I Was Partially At Fault for My Bicycle Accident?

If you bear some responsibility for your accident, you will be compensated based on the legal doctrine of comparative negligence. That means your damages are lowered by the percentage of blame you share. So if your damages are worth $100,000, but you were 10 percent at fault, you would receive a $90,000 financial recovery.

What If I Was Not Wearing A Helmet?

Neither Missouri nor Illinois requires the use of helmets for bicyclists, though certain municipalities can require them through their own laws, and both St. Louis and Chicago require them.

However, not wearing a helmet has very little to no effect on your claim. In Missouri, not wearing a seatbelt, which is against the law places just one percent of the blame on the person injured in a car accident. Your compensation will not be dramatically different if you did not wear a helmet. However, your injuries may be much more severe. Wearing a helmet prevents:

• 52 to 60 percent of bike-related head injury deaths
• 68 to 85 percent of nonfatal head and scalp injuries
• 65 percent of upper and middle face injuries

What if the Person That Hit Me Drove Off?

If you were injured in a hit-and-run accident, you can still receive compensation. Leaving the scene of an accident that causes injury is a crime in both Missouri and Illinois. If the driver that hit you drives off, do not chase them, but try to catch and write down as many details about the vehicle as you can, or take a picture. Even the color, vehicle type and a partial license plate can help. Then, call the police so they can make a report.

If police can track down the driver, you would be able to make a claim against them as you usually would. If not, you can make a claim with your own auto insurance policy under your uninsured motorist coverage. If you do not own a car, you can likely file an uninsured claim with the auto insurance of a member of your household who does.

What If I Was Injured, But Did Not Seek Medical Treatment?

In order to make any personal injury claim, you need to have documentation of your injuries. Not getting medical treatment, or waiting too long to get treatment, can have a negative effect on your ability to file a valid claim. Always seek medical attention after an accident, even if you do not believe you were seriously injured.

St. Louis, Missouri Bicycle Laws Protecting Children

In many areas across the state, bicycle accidents often involve children in residential neighborhoods. Children are significantly more impulsive than adults, and their inability to reason at an adult level may cause them to make irrational decisions. To prevent accidents involving minors, lawmakers require motorists to exercise a higher degree of care when driving through areas where children may be bicycling.

This does not mean that every driver who collides with a child will be automatically found guilty of negligence. However, if the driver hits a child in a residential area or an area where there are schools, playgrounds or daycares, they may be held to a higher standard legally. Many courts have even ruled that extremely young children are incapable of exercising a reasonable degree of care when riding a bicycle.