Photo by iStockFew cyclists know how a personal injury claim or personal injury lawsuit works. Here at Colorado Bike Law, we've taken the time to explain many of the steps involved so that you know more fully what you are getting into. Settling a bike crash claim properly usually takes over a year. During the arduous months ahead, Colorado bike crash lawyer Brad Tucker will be by your side to answer your questions, advocate on your behalf, ensure that your compensation is maximized, and that your interests take precedence. The following is intended as a general outline for a common situation. It is not intended to be legal advice, nor is it a suggestion that you handle a serious case on your own.
Hiring a Lawyer
The first step in the personal injury claim process is hiring an attorney to represent you (the plaintiff) against the driver (the defendant). It's a good idea to find the best attorney for you, and your case. During your search, ask about the types of bike crashes they have handled in the past, the number of bike cases they have handled, whether or not they are cyclists themselves, and other bike-related questions. Because many of the elements in a bike crash claim are different from car vs. car crashes, you should look for an attorney who specializes in bike collisions. It is also important to hire an attorney who has substantial experience in the insurance industry, and in the courtroom. Even if your goal is settlement, your attorney must have a strong reputation with the driver's insurance company if you are going to maximize your outcome. Focus on legitimate qualifications, not on the attorney's social media presence.
Crash Investigation
One of the first things your attorney will do is get a copy of the official police traffic crash report. This report is prepared by law enforcement and describes (in the officer's opinion) what happened. It includes witness statements and will usually name the at-fault party or parties. It may be necessary for you and your attorney to conduct your own crash investigation if the official police crash report is vague or outright incorrect and blames you for causing the crash. Because the police prepare crash reports right away, severely injured cyclists often do not get a say in what happened, because they are still in the hospital. This creates an unfair, one-sided story in which the driver may stretch the truth or outright lie. Conducting your own crash investigation may involve working with an expert witness who may reconstruct the events that led to the crash, tracking down surveillance or dash-cam footage, using your own camera footage or bike computer data, reaching out to eye witnesses, and more.
Analyzing Damages
One of the longest steps in a bike crash claim is determining the injured plaintiff's damages. It is often unknown what the patient's long-term outcome will be following a serious bike collision. It can take months or years for their recovery period to reach its conclusion. As such, this process should never be rushed, and generally takes many months. Damages include economic and non-economic damages such as:
Economic Damages
- Medical expenses
- Projected future medical expenses
- Lost income
- Lost earning ability due to short or long-term disability
- Extra cost of childcare, transportation, housecare, or other expenses caused by your injuries
- Property damage (your bike and related equipment)
Non-Economic Damages
- Pain and suffering
- Loss of joy of life
- Emotional distress
Physical Impairment and Disfigurement
- Past and future physical limitations
- Traumatic or surgical scarring
The amount of compensation you deserve and the amount you receive are not always the same. This is because most drivers carry minimal insurance policies, and a week-long stay in a hospital alone will easily surpass those policy limits. One of the most important qualities in a bike crash attorney is their knowledge regarding insurance policies and Colorado insurance law. An extensive and thorough analysis of the at-fault party and other potential liable partys' insurance policies is absolutely necessary to ensure that you maximize your take-home compensation. In this context, your underinsured motorist coverage on your auto policy comes into play.
Complaint and Answer
Most cases are settled without the need for litigation. If your case can't be settled without the need for litigation, filing a complaint will officially begin the personal injury lawsuit process with the court. In Colorado, if your case can't be settled within three years of the crash, you must file the lawsuit to preserve your rights to recover damages. Your attorney will file a short statement about the basis of your claim and your damages. The opposing side (the defendant) must respond within a short window, agreeing or disagreeing with the complaint. The defendant—whose defense will be provided by the driver's auto insurance company—will almost certainly initially disagree with the complaint, even if the driver was clearly at fault for causing the crash.
Discovery
You've probably heard the term "discovery" in movies and on TV. Discovery is a period during which both parties share information about the case, including witness statements, hard evidence such as camera footage, hospital bills, doctor's statements, and much more. This is when sworn testimony is taken by way of depositions. The defendant may learn of evidence during discovery that encourages them to settle the case.
Settlement Negotiations
Settlement negotiations can take place during discovery and at virtually any time during the personal injury litigation process. In some cases, the defendant will accept the plaintiff's demands and the process comes to a swift conclusion. Usually, settlement negotiations drag out for many months, and can become a battle of stamina and willpower. Both sides are highly motivated to achieve the best result for their side. Remember, this is an adversarial process. It is not supposed to be easy, and it isn't!
Summary Judgment
If there are unusual factual allegations, one or both parties might submit written arguments to the court at this step. This is through motions for summary judgment. The court will review these arguments and decide whether to grant or deny the motion. Denying the motion results in a trial.
Trial
Very few personal injury lawsuits ever make it to trial. In fact, even if a trial is scheduled in two weeks, for example, it would not be uncommon for the defendant to settle the case at the last moment.
Enforcement
If the defendant refuses to pay after a favorable court decision, your attorney will employ measures to enforce the judgment. Enforcement against an insurance policy is relatively easy, but enforcement against an uninsured or underinsured defendant is much harder. This fact, sadly, often influences a plaintiff's decision to accept less than a case is really worth.
Appeal
Either party can appeal a court decision and ask that a higher court take a look at the case for legal error. Factual determinations made by a jury are very difficult to reverse on appeal unless the judge's instructions to the jury were incorrect. If the defendant appeals, the plaintiff will not be able to collect damages until that higher court makes a decision or the appeal is denied.
Call Bike Crash Lawyer Brad Tucker at Colorado Bike Law Today
Bike crashes happen to even the most experienced, cautious cyclists. If you or your loved one were injured in such a crash, chances are high that the driver was legally at fault, not you. We strongly encourage you to discuss your case with an attorney before you talk to the other party or their insurance company. If you were seriously injured, your case could be worth more than you realize. Brad Tucker has represented hundreds of injured cyclists in Colorado. He specializes in bike claims, putting him a step above other personal injury attorneys who typically represent motor vehicle occupants as well. Call bike crash attorney Brad Tucker on his direct line at 720.974.6303 free of charge to find out if attorney representation makes sense for you and your case.