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Allen, Flatt, Ballidis & Leslie, Inc.

What can a bicycle accident attorney do for me, the accident was not my fault?

Often people involved in accidents wonder what a bicycle accident attorney can do for them.  They often call and tell me that they are clearly not at fault.  Therefore they do not think they need a lawyer. In most simple injury cases, they do not need a lawyer, but in more serious injury cases, the wise thing to do is at least discuss your case with a lawyer to evaluate your need.  Let’s examine why. 

Just because the insurance company agreed verbally that it is accepting liability, does not mean that it will pay all your damages. There is a difference between damages and liability.  An insurance company will challenge not only liability, if it can, but ALWAYS contest the amount of your damages, medical bills and treatment you are to receive.    
An experienced bicycle accident lawyer will examine a number of factors relevant to your case.  First, a thorough investigation needs to be conducted on liability even if the insurance company has told you that it is accepting liability.  Unless the insurance company has put in writing (and it never does) that it will accept liability for all purposes, the liability evidence must be documented. If you are unable to agree on a settlement with the insurance company, you will need to prove liability later, and if evidence has not been preserved, then you may actually not win on liability.  

Therefore a cycle accident investigation should be conducted to evaluate how the accident occurred, document the physical evidence and establish, either through witness testimony, or recorded statements, liability. You want no surprises later.  Witnesses change their mind, or lose and forget the relevant facts of an accident.  Physical evidence is lost or repaired. 

Once liability has been established and preserved by the attorney, there are a number of other things that need to be done.  First, a bicycle lawyer’s will have a working knowledge of injuries associated with bicycle accidents, and will be a good source of information about the types of medical doctors your should see to resolve those symptoms and conditions that occurred as a result of the accident.  
Imagine going to a general practitioner doctor that does not know how to counsel you through your injury, and just tells you to stay off your bike.  That may not be the proper advice.  The lack of medical specialization, can affect the bicycle accident victim’s recovery.  
A cyclist can also rely upon the cycle accident lawyer to explain to him the manor in which a wage loss should be documented.  Wage loss can be obtained even if you use your sick or vacation time as a result of an accident.
Lastly, most lay people do not have an understanding of how pain and suffering damages are awarded.  In short, it is related to what a jury would give you if you were to go to trial.  An experienced bicycle collision representative knows how to evaluate a case, and negotiate it to a better result than you would be able to obtain on your own.
Unfortunately, it is almost always wise to obtain an attorney to represent you when you've been involved in an accident that has caused you serious injuries, more than just a day or two of pain.  Insurance companies are fully trained to protect their money.  You need help to do what's necessary to accomplish your goals.

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