Previously addressed on this site are issues relating to bicycle accidents. Those other blog posts should be read in conjunction with this.
The process for filing a claim for a bicycle crash is no different than for any other type of crash. In Virginia you have two years from the date of the crash to file your lawsuit.
If the injured party is a minor, then that person has two years from the date they turn 18 to file their lawsuit. If there is a claim for medical expenses being asserted by the parents, that claim may be governed by a different statute of limitations.
In addition if the defendant is the U.S. Government, then you’re governed by the Federal Tort Claims Act. That statute does not extend the statute of limitations for minors. Your statute of limitations is simply two years from the date of the accident.
Preparing a Bicycle Accident Claim: Steps to Take Early
Your preparation begins on the date of the crash. If you were not able to take pictures at the scene of the accident on the day of the accident, you should get back there or have someone else get back there to do so. Pictures are critical. The scene may change.
You should get Google Earth photographs and also Google Street View photographs of the scene. You need to issue FOIA requests to the local government to get all 911 communications and all police communications relating to this crash.
Typically with a serious bicycle accident, there will be a Police Crash Report. You need that.
You need to interview the police officer that investigated the crash. That officer may have the names of witnesses that were interviewed. Those witnesses normally are not going to be identified in the report.
Reaching a Settlement in a Bicycle Accident Case
My general rule in terms of settling any claim is that you don’t want to consider settlement until the plaintiff has reached maximum medical improvement. That may never be achieved. It may be that the process of getting better is going to take many, many years. If that is the case, then you still need to make a decision as to when the plaintiff’s injury can be fully evaluated. Typically within a year after the injury if the patient is still having symptoms, most doctors will say that the injury is probably permanent. Some doctors may apply a longer timeframe.
It may be that you need to have the patient evaluated for any permanent impairment.
Understanding Subrogation and Insurance Rights
You need to consider the possibility that the plaintiff’s health insurance carrier may be making a claim. Most health insurance policies provide a right of subrogation. That may be defeated by the Virginia statute called the “Virginia Anti-Subrogation Statute“. If however the policy is an ERISA policy, then subrogation is allowed. Likewise if the policy is one issued to a federal employee, then subrogation is allowed.
Gathering Impact Statements to Strengthen Your Case
It’s important to not only have the plaintiff prepare a statement as to how the crash has affected them but also to have loved ones prepare such statements. Those statements give you a better idea as to what the real effect is of this crash. The crash may have affected the plaintiff in very subtle ways. It may be that there is a particular activity that the plaintiff previously enjoyed taking part in that now they cannot. If that loss is permanent, then that is significant.
All of those little things need to be looked at.
Next Steps for Injured Cyclists
Call, or contact us for a free consultation. Also for more info on process bicycle claims see the Wikipedia pages. Also see the post on this site dealing with bicycle accident issues.
