Connecticut Bicycle Accident Lawyer
Connecticut law gives bicycle crash victims the right to pursue compensation from drivers who negligently or intentionally collide with them. A Connecticut bicycle accident lawyer from Kennedy, Johnson, Schwab & Roberge stands up to at-fault drivers and their insurers to get just compensation for their clients.
The firm has handled accident cases for over 30 years and has recovered millions of dollars for injured people like you. Contact us for a free consultation to discuss your bike crash and the injury compensation you can pursue under Connecticut law.
Connecticut is one of the safest states in the U.S. for cyclists. However, safe does not mean perfect. In 2023, Connecticut had 412 vehicle-bicycle collisions, according to the state’s crash data. These bicycle accidents caused 347 injuries, including three fatal injuries.
These numbers highlight the risk of collisions between motor vehicles and bicycles. Over 84% of cyclists hit by cars sustained an injury. Cyclists have little protection from injuries even when they wear helmets due to the massive differences in weight, speed, and power between a car and a bike.
How a Connecticut Bicycle Accident Lawyer Helps You
A bike accident lawyer’s role begins before filing any paperwork with insurance companies or courts. When you meet with us for a free consultation, an experienced personal injury attorney will listen to your story. We will assess the strength and value of your claim and explain your legal options for pursuing injury compensation.
We conduct these consultations without any obligation to hire our firm. We empower you to decide the course of your claim. We help you even if you do not use our attorneys to file your bicycle accident lawsuit or insurance claim. But when you hire us, we provide the benefit of our decades of experience representing crash victims.
Filing an Insurance Claim
Bicycle cases begin with insurance claims. All vehicle owners in Connecticut must buy liability insurance. This policy pays third parties, including cyclists, injured due to a covered driver’s negligence.
To start the process, we prepare an insurance claim. This document explains what happened and how the insured driver caused your injuries. We send a copy of the accident report or provide the report number so the insurance company can find a copy. It also includes proof of your losses, such as medical records, doctor’s bills, and pay stubs.
The insurance company assigns your claim to an adjuster for investigation and examination. The adjuster’s job is to protect the insurance company. In most cases, you should have a Connecticut bicycle lawyer to protect your interests.
You might receive multiple claim denials from the adjuster. An adjuster might deny your claim for any of the following grounds:
- The insured driver did not cause your accident
- The insured driver was not negligent
- Your injuries were pre-existing conditions
- You received treatment that was not reasonable or necessary
We will respond to any claim denials you receive by presenting evidence or legal arguments to address the adjuster’s concerns. We can also ensure the adjuster acts in good faith when reviewing your claim.
If the adjuster accepts your claim, we will negotiate to try to reach a fair settlement based on your injury-related losses. A settlement can often shorten the time you must wait to get the money you need for medical bills and basic living expenses.
Filing a Bike Accident Lawsuit
Although most cases settle at some point, we may need to file a lawsuit to preserve your claim and press the insurer to settle. For example, we can file a lawsuit when the adjuster refuses to withdraw an unfounded claim denial. We can also file a lawsuit when the adjuster fails to make an acceptable settlement offer.
We prepare and file a complaint against the at-fault driver to commence a lawsuit. The complaint explains the grounds for the lawsuit and requests relief in the form of monetary damages. The insurer will defend the driver in court.
In many cases, the insurer will become more receptive to settlement after a lawsuit. The insurer will try to avoid spending money defending a lawsuit that it cannot win. Also, insurers know jurors do not sympathize with them. As a result, jurors might hit the insurance company with a large damage award.
Most lawsuits settle before reaching trial. If your case involves issues that require a trial, we present your case to a judge or jury and advocate for a fair damage award.
Proving Liability for Bicycle Crashes
In rare cases, a driver might intentionally harm a cyclist. However, the liability for bicycle crashes usually depends on negligence. Proving negligence requires evidence of four elements:
- Duty of care
- Breach of duty
- Damages
- Causation
The duty of care exists for all road users. Drivers may breach the duty of care to cyclists in two primary ways. First, the driver could violate traffic laws. Importantly, Connecticut has a law requiring drivers to leave at least three feet of space when overtaking bikes. If a driver hit your bike while violating this law, they may have acted negligently.
Second, the driver could do something legal but unreasonably dangerous. For example, Connecticut has no law against eating while driving. However, a driver distracted by their food while driving may have acted negligently.
If you were injured in a crash, you suffered damages. Medical bills, lost wages, and other financial and non-financial costs constitute your damages.
Finally, we must prove that the breach of duty caused your losses. We do this by showing that an accident was the natural and foreseeable result of the driver’s actions. We do not need to show the driver foresaw your precise injury. Instead, we must show that a reasonable person would have known that the driver’s actions could injure or kill someone.
Compensation You Can Recover for Bicycle Accident Injuries
Once we prove liability, we will prove your losses. The compensation you can recover in a bike accident claim can cover two types of losses. Economic losses encompass all the financial costs associated with your injury, including:
- Past and future medical expenses for treatment, therapy, and medication
- Past income losses from missed work
- Future diminished earnings due to extended disabilities
- Out-of-pocket expenses related to your injuries or disabilities
Non-economic losses cover the diminishment in your quality of life due to your injuries. These losses do not have price tags. Instead, they represent the toll your injuries took on your happiness and enjoyment of life. Some common grounds for seeking non-economic losses include:
- Physical pain
- Mental suffering
- Disability, if you lost physical or mental functions
- Dismemberment, if you lost a body part
- Disfigurement, if your injuries altered your appearance
We will prove your economic losses using financial records. For example, your credit card statements, hospital bills, and receipts will prove how much your injuries cost. We may also need an expert witness to describe the future losses you will incur.
We establish your right to non-economic losses by showing the extent of your injuries and how they affected your life. Thus, testimony from you, your family members, and your co-workers can help us explain how your injuries changed your life.
Searching for a Bicycle Accident Attorney Near Me
The Connecticut bicycle accident attorney you choose to handle your case could profoundly affect the outcome. Knowledge and experience matter when handling injury cases.
Kennedy, Johnson, Schwab & Roberge has served bike accident victims throughout Connecticut for over 30 years. We use our knowledge of the state’s injury laws and our experience in prior cases to customize your legal strategy.
Free consultations are the best way to find a lawyer for your bicycle accident case. We conduct free consultations so we can understand your case. However, the consultation also allows you to understand us and how we work. This is your opportunity to ask questions about our track record and ensure you are comfortable with us.
Bicycle Accidents FAQs
Who Is Usually at Fault if a Bicycle Is Involved in an Accident?
The fault is usually determined by looking at negligence. Drivers will bear the blame for an accident if they do something that poses an unreasonable risk to the safety of the cyclist.
Can You File a Claim for a Bicycle Accident?
Yes, insurers will pay claims to cyclists injured by a covered driver’s negligence.
How Much Is a Bicycle Accident Settlement?
There is no standard amount for a bike crash settlement. We will negotiate for a fair amount that covers all your losses.
Contact a Connecticut Bicycle Accident Law Firm Today
A bicycle accident can cause serious injuries that could leave you permanently disabled. Contact Kennedy, Johnson, Schwab & Roberge for a free consultation with an experienced Connecticut bicycle accident lawyer to learn how we can help you.
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15 N. Main Street #100 Suite 217
West Hartford, CT 06107
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