Mistakes During a Bicycle Accident Case

Answer:

In my firm, we actually see a fair number of incidents involving bicyclists. They’re not that uncommon in Mississippi. This is a place where it’s warm and comfortable outside a large part of the year, so people tend to be more active. One of the things we always discuss with clients who have been involved in a situation where a bicyclist has been hit by a car or some other type of motor vehicle is that there’s some common mistakes that apply to bicycle accident cases that really are common across any number of personal injury cases.

With regard to a bicycle case, one of the common mistakes that people make is not getting the medical treatment that they need right away. With these types of cases, usually just because of the disparity between the weight of a motor vehicle and a car, we’re typically dealing with more serious injuries. That isn’t always the situation, but usually, just statistically, a collision between a bicycle and a motor vehicle has a higher risk of serious injury to the bicyclist; sometimes medical care happens automatically just because the person needs immediate medical help and they get it. After this initial treatment, however, you need to focus in a broader sense on getting the medical treatment that you need.

The victim of a bicycle accident needs to not only get the immediate medical treatment right after the collision happens, which is usually in the form of emergency treatment, but also through ongoing treatment. Do not overlook the physical therapy, the follow-up appointments, and whatever the medical staff and doctors are recommending that you do in order to fully recover. We want that first and foremost because that’s what it takes to get better, and we want your health to recover and be healthy. From a legal standpoint, which is what we’re here to talk about, it helps us make sure that we’re creating that record of what happened and that record of medical treatment that’s going to help prove the case.

Another thing that is a common mistake that people do that can be very devastating to a legal claim is waiting to get legal help and waiting too long to bring a claim. In Mississippi, the general statute of limitations is three years from when the injury occurs. There’s a fixed amount of time that a person has to bring a claim in order to satisfy that statute of limitations. If you bring a claim later than the statute of limitations, in this state or any other state, then your claim is barred, period, and there’s no bringing it after the fact. You will not get compensated and you cannot pursue the claim, so that is extremely important. Most people are hesitant and their first reaction is not to go sue someone, but it really is a matter of protecting your rights. If you have a claim and have been injured as a result of someone else’s negligence, you have only a limited amount of time to bring that claim. It’s very important that it be done within the time limits of the law. Those time limits vary state by state, and, sometimes within a state, they vary by different circumstances.

That brings in the third point of mistakes that people often make, which is not having legal representation and an attorney on your side helping guide you through that process. The statute of limitations is just a perfect example of how someone who is not familiar with injury law and who does not regularly do litigation in injury claims may not be aware of the nuances of, for instance, the statute of limitations in the particular location and venue where your claim would be filed. They may not be aware of different options for venues. They may not be aware of the nuances of the statute and other legal aspects, so it’s really important that you bring in legal representation. If you’re not a lawyer, you’re definitely not going to know any of that. Sometimes the biggest danger is not knowing what you can’t possibly know. Having experienced, competent, legal help in pursuing your claim is important. Don’t make the mistake of not getting legal counsel for your bicycle injury case or any type of personal injury case.

That leads to another mistake that people commonly make, which is not getting an attorney who is experienced, has training, and specializes in the type of case that you have. If you have a personal injury case, particularly with bicycle injury cases, as we discussed earlier, a lot of times those injuries are more severe than a typical car wreck case or slip and fall case. Because of the disparity in weight and size between the motor vehicle and the bicycle, usually the injuries are more severe. Typically, there is strong negligence on the part of the motor vehicle, so the value of the case hinges on the complexities unique to these type cases such as showing the liability and showing the damages. As such, you want an attorney who has experience, first of all, in litigating injury claims, and second of all, has litigated these particular types of claims involving motor vehicle and bicycles.

An attorney with experience, specialized training, and a proven track record of pursuing personal injury cases is going to understand the ins and outs of how to proceed and get the best result for you in that particular kind of case. Just like you don’t go to a dentist to get heart surgery, you don’t go to a tax lawyer for a personal injury case. You want someone who deals with those types of claims day in and day out. That’s especially true with something as specialized as a bicycle injury case.

Those are some of the common mistakes that we see with these types of cases and, frankly, with other types of personal injury cases and something that you want to keep in mind. My name is Brad Morris. I’m with Brad Morris Law Firm, PLLC, and we’re here to answer your questions. I hope this video has helped answer some of them. You can reach us through our website or our phone number. If you have other questions, bottom line, we’re here to help. Thank you for watching.