If you’ve recently been in a bicycle accident in Montana, you’re probably uncertain about what to do next. First, you should know that you don’t have to go through this alone. Handling the aftermath of an accident can be overwhelming, especially if you’re dealing with injuries and wondering about your legal rights. A Kalispell bicycle accident lawyer from Travis, Moore & Brann PLLP can help you understand your rights after you’ve been injured while cycling in Montana and the steps you can take to protect yourself and your future.
We will outline your legal options for compensation through insurance claims or a lawsuit and discuss how a Kalispell bicycle accident attorney can help maximize your settlement or represent you in court.
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Don’t try to handle your bicycle accident claim by yourself. Call us today at (406) 752-7550 or contact us online for a free consultation with a bicycle accident claims lawyer.
What to Do Immediately After a Bicycle Accident
Experiencing a bicycle accident can be chaotic and stressful, especially if you’ve been injured in a crash. Do you know what steps to take immediately after an accident?
First, assess your safety and health. Move to a safe spot away from traffic if you can move without compromising your safety. It’s crucial to check yourself for injuries and seek medical attention immediately, even if you think your injuries are minor.
Next, you should contact the authorities by calling 911. Reporting the accident is essential for legal reasons. Additionally, it also ensures an official record of the accident date and event, which is vital if you decide to pursue a claim. When speaking to the police, describe the incident clearly and factually, including details about the accident and any factors you believe contributed to it.
Documenting the scene is equally important. Take photos and video of:
- Your bicycle
- Any visible injuries
- The surroundings
Gather names and contact details of witnesses. These steps will strengthen your case if you pursue compensation for your injuries. Remember, detailed documentation can significantly influence the outcome of your insurance claim or lawsuit.
Understanding Bicycle Laws in Montana
Do you know your rights and responsibilities as a cyclist in Montana? Montana law affords bicyclists the same rights and responsibilities as drivers of motor vehicles, with specific statutes addressing scenarios unique to bicyclists.
The use of bike lanes in Montana is one of these. Montana law generally requires you to use these lanes when a designated bike lane is present. However, you may need to leave the bike lane to make a left turn, to avoid debris or obstacles, or when approaching a place where a right-turning vehicle might cross your path.
State law also requires you to ride as close as you practicably can to the right-hand edge of the roadway with a few exceptions, including:
- Overtaking another bicycle
- Preparing for a left turn
- Avoiding hazards
- The lane’s too narrow to safely share with a motor vehicle
This law underscores the cyclist’s right to use the entire lane when necessary for safety, including situations where parked cars, debris, or narrow lanes might pose risks to you.
Common Causes of Bicycle Accidents
One of the most frequent causes of bicycle accidents is driver negligence, such as failing to yield the right of way or distracted driving. In those conditions, the other driver is probably liable for your injuries. Road conditions can also lead to accidents. Poorly maintained roads, such as those with potholes or uneven surfaces, can be hazardous. For instance, if you crash due to a large crack in the bike lane that was not marked or repaired, the city might be liable for failing to maintain safe road conditions. The same concept applies to private property. You must obey traffic laws and stay vigilant to reduce the risk of getting into an accident.
Types of Injuries and Medical Concerns
Injuries in bicycle accidents range from minor scrapes and bruises to more serious conditions like:
- Head trauma
- Broken bones
- Spinal injuries
- Soft tissue injuries
- Road rash
- Scrapes and lacerations
Chronic issues can arise from such injuries, which might not be apparent immediately after the accident. For instance, what might initially seem like minor back pain could escalate into a significant, long-lasting condition that requires extensive treatment.
Immediate medical professional attention will be crucial for your health. The records created when you receive medical treatment will provide documentation for your potential injury claim.
Legal Options for Compensation
After a bicycle accident in the Kalispell area, you can file a claim with the driver’s auto insurer if they are at fault for the accident. However, dealing with insurance companies is almost always challenging, and they routinely try to minimize payouts and settle quickly with victims who don’t have legal representation. Having detailed evidence and a Kalispell bicycle accident lawyer on your side can make a life-changing difference.
If insurance negotiations don’t result in fair compensation, your Kalispell bicycle accident lawyer can file a lawsuit. In either case, the financial compensation you might seek can cover:
- Medical bills
- Future medical expenses
- Lost wages
- Future lost wages
- Pain and suffering
- Loss of enjoyment of life
How a Personal Injury Attorney Can Help
That’s where the trusted legal professionals from Travis, Moore & Brann PLLP come in. Our legal team and experienced Kalispell personal injury attorneys can help you by:
- Investigating the cause of the accident
- Collecting evidence to prove your claim
- Filing insurance claims
- Managing all communications with insurers and the at-fault party
- Negotiating settlements
- If necessary, pursuing a lawsuit
Filing a claim, negotiating with insurers, and launching a lawsuit can all seem impossible, especially while recovering from an accident. Our knowledge and experience can be invaluable in maximizing your compensation and pursuing the justice you deserve.
The Importance of Wearing a Helmet
Montana does not mandate helmet use for all cyclists except for minors. Still, some municipalities do, and wearing one is a wise choice regardless. Helmets significantly reduce the risk of head injuries, which are among the most severe injuries sustained in bicycle accidents. Additionally, wearing a helmet might influence your legal claim. Although it doesn’t affect your ability to file a claim, failure to wear a helmet could be construed as if you contributed to your injuries, which could diminish the dollar amount of any compensation you receive.
FAQs About Bicycle Accident Injury Law in Kalispell
Many of our clients have questions when they first come to see us after being injured in a bicycle accident. We’ve answered some of those we hear most frequently for you here.
What should I do immediately after a bicycle accident in the Kalispell area?
If you’re in a bicycle accident, prioritize your safety first. Move to a safe location if it’s possible and assess your injuries. Call 911 to report the accident and receive necessary medical attention. Document the accident by taking photos and video of your bicycle, any vehicles involved, and your injuries. Get contact information from any witnesses and the driver who was involved, as well as the driver’s insurance information. This will be crucial if you decide to pursue a legal claim.
How can a bicycle accident lawyer in Kalispell help me?
Our Kalispell bicycle accident lawyers at Travis, Moore & Brann PLLP can provide critical support by managing your legal case while you focus on recovery. We can help gather and analyze evidence, deal with insurance companies on your behalf, seek compensation, and negotiate settlements. We can also represent you in court.
What are the common causes of bicycle accidents, and how can they impact my legal case?
Common causes include driver negligence, such as distracted driving, failing to yield to the cyclist, failure to keep a lookout for nearby bicycles, sideswipe accidents, dooring accidents, and poor road conditions. The cause of the accident significantly impacts your legal case, as the party who caused the accident is responsible for the injuries and harm they cause. For example, if the driver was negligent, you might be entitled to compensation from the driver’s insurance company. However, a municipality might also be responsible if road conditions were a factor.
What kind of compensation can I expect from a bicycle accident lawsuit in Kalispell?
The compensation varies widely but typically covers medical expenses, lost wages, pain, and suffering. The maximum compensation amount depends on the severity of your injuries, the impact on your life, and the circumstances of the accident. The professionals at Travis, Moore & Brann PLLP can assess the totality of your accident-related losses and advise you about the potential value of your case.
How long do I have to file a bicycle accident claim in Kalispell?
In Montana, the statute of limitations dictates the time limit in which you can file a personal injury lawsuit, including one for a bicycle accident. That time period is generally three years from the date of the accident, although exceptions apply. That’s one more reason it’s essential you consult the law firm Travis, Moore & Brann PLLP as soon as possible to ensure you file your lawsuit within this time limit.
Contact Travis, Moore & Brann PLLP Today for a Free Consultation
Understanding your legal options in the aftermath of a bicycle accident can be overpowering if you are involved in a bicycle accident. At Travis, Moore & Brann PLLP, our team can steer you through the entire legal process together. Our Kalispell bicycle accident lawyers have served the Kalispell area for years, offering the degree of experience our clients need from dedicated, caring legal professionals. Learn more about what a Kalispell bicycle accident lawyer can do for you by contacting us online today or calling (406) 752-7550 for a free consultation.
