Bike Accident Lawyers in Kelowna
Whether heading out on foot, by car or by bike, safely reaching your destination is very important and is something we take for granted. Given that Kelowna has earned a bronze award as a bicycle community and has one of Canada’s most extensive bicycle networks, the number of crashes involving pedestrians, motorcycles and cyclists isn’t surprising.
Despite improved bicycle infrastructure, Kelowna has not been spared from bike accidents happening in British Columbia (B.C.) and all over Canada. In fact, while the country averages 74 cyclist fatalities every year, about four out of five crashes involving cyclists occur at intersections in B.C.
Although you can avoid these bicycle accidents, the realities of the road are often out of your control. A pleasant bike ride can turn into a life changing, painful, or even fatal injury if you or other users of the road fail to pay close attention to the surroundings.
If you or a family member suffered a bike accident injury due to the negligence of another road user, you should seek compensation to cover medical costs, lost income and the injury in general. However, getting compensation isn’t as easy as it sounds, and, therefore, you’ll need a bike accident lawyer in Kelowna to prove your claim. Find out how the Diamond & Diamond bike accident lawyers can protect your rights and make sure you receive compensation. This is the primary objective of our personal injury lawyers.
Common Causes of Bike Accidents
While the most dangerous cases of bike crashes occur when a motorized vehicle is involved, approximately 32% of cycling fatalities are attributed to not following road safety rules. The most common causes of such accidents include:
- Human error
Human error, which means that the driver is primarily responsible, is one of the main contributors to a motorcycle accident. The driver might be distracted and could turn without looking, speed, run a red light, weave through traffic or is otherwise impaired by alcohol or drugs. In fact, about 62% of crashes were caused by one of these human errors. Similarly, bike accidents follow the same pattern.
- Mechanical error
Serious bicycle accident injuries don’t only stem from a crash involving a motor vehicle. The bicycle itself may have a defect, causing mechanical failure in specific bicycle components. Mechanical issues can directly cause a crash or make it impossible for the cyclist to avoid one. In some cases, the defects may not cause the accident, but they can contribute to one’s injuries.
- Environmental factors
Traffic volume, path designs, lack of designated bike lanes and roadway features are some environmental factors that cause bike accidents. There might also be instances when the cyclist needs to avoid a pothole, causing a collision with a car. Additionally, there might be physical objects, such as debris from a truckload or construction equipment, which may block the cyclist’s view and cause him or her to collide with a pedestrian or a vehicle.
Jeremy Diamond of Diamond & Diamond Got Featured on International Business Times
As one of the fastest-growing law firms in the country, Diamond & Diamond has an excellent reputation and extensive experience in the field of personal injury law. From a single office of five people to becoming one of Canada’s largest personal injury law firms, we have handled hundreds of successful high-profile legal cases.
Such remarkable growth wouldn’t have been possible without the visionary leadership of Jeremy Diamond, who was featured in the International Business Times (IBT). Currently providing a full range of legal services to Canadians in areas of law besides personal injury, Diamond & Diamond is really “The People’s Law Firm,” as pointed out by the IBT.
As a full-service law firm, Diamond & Diamond personal injury lawyers will give you a fighting chance regardless of the complexity of your case.
Typical Injuries Handled by Bicycle Accident Lawyers in Kelowna
Kelowna cyclist accident injury lawyers handle two main categories of personal injury cases: physical injuries and emotional trauma. Though physical wounds are often easy to identify, emotional trauma isn’t and, therefore, it’s best to seek medical care immediately after a bike crash to examine your injuries.
Brain Injuries
Any violent blows to the body or head during a bike or motor vehicle accident can cause brain injuries. This type of injury is one of the most severe consequences of serious bicycle accidents and represents 20 to 40% of all bicycle injuries encountered by the emergency department. A brain injury can impair speech, cognitive and motor abilities.
Spinal Cord Injuries
The spinal cord can be injured in a bike crash, resulting in incomplete or complete spinal cord injury. Incomplete spinal cord injuries often involve a fracture, fragment or displacement in the spinal column. On the other hand, a complete spinal cord injury is when the spinal cord is fully severed and can no longer communicate with the brain.
Soft-Tissue Injuries
These injuries are among the most recurrent types of bicycle accident-related injuries. While they are not always felt immediately after an accident, these injuries become visible after a short period of time. Ankles, wrists, elbows and the pelvis are the areas most susceptible to soft-tissue injuries. Moreover, bruises, sprains and inflammations in the muscle can also occur.
Long-Term Disability
Severe injuries from a bike crash can result in a long-term disability. This could mean losing income and having emotional, social and physical difficulties after the accident. Although soft-tissue injuries are the most common in cyclists, brain injuries are the leading cause of most fatalities and long-term disabilities.
Personal Injury Lawsuits for Bicycle Accidents
Depending on the circumstances, the driver of a motor vehicle, the property owner, the local government or the bike manufacturer can be held liable for the bike accident. In fact, negligence and product liability are among the most common types of personal injury claims filed in a bicycle accident injury.
How to Prove Fault in Kelowna Bicycle Accidents
One of the most common lawsuits filed for bicycle accidents is negligence. However, it’s critical to get legal advice from a bike accident lawyer, especially if you’re unsure whether it was your fault.
Note that parties may point fingers at and accuse each other of causing the bike accident. While there are many ways to be found negligent in a bike crash, you have to show proof of negligence, such as police reports, eyewitness testimony, investigative reports, pictures, etc.
In many bike accident cases, however, the liability, or the degree of fault, is often challenged. That’s why it’s best to get the help of talented lawyers in Kelowna who is well-versed in the complexities of bicycle accidents. They know best how to identify and prove fault, which will result in your claim for compensation being successful.
How to Choose a Good Bike Accident Lawyer
Getting medical attention and reporting the incident should be your top priority after a bike accident and then you should call one of the Kelowna cyclist accident injury lawyers. However, do you know who to call?
If you’re a cycling advocate, it’s best if you already have a bike accident lawyer you can call when something happens on the road. When looking for a good bike accident lawyer, you should consider the following factors:
- Expertise: Personal injury lawyers deal with a variety of cases and, therefore, you should choose someone who primarily handles bike accidents. Moreover, you should consider a lawyer who is familiar with the laws and regulations where the bike crash happened.
- Trust: Of course, you would not want to work with someone you can’t trust. Select a bike accident lawyer from a reputable and well-known law firm.
Communication: Some cases of bike accidents can be lengthy. Make sure to find someone who communicates with you every step of the way. You should also be able to contact your lawyer when necessary.
Learn What To Do After A Bike Accident
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Consult a Cycling Accident Lawyer With a Record of Success
Injuries from a bike crash can be significant and they can affect you and your family. If you get involved in a bike accident, you should understand your rights and know where to find help. Having one of the Kelowna cyclist accident lawyers on your side means you have someone equipped to fight for your rights and navigate through the complex personal injury claim process.
Even without personal injury lawyers, your insurance company will likely pay your medical bills. But, there’s a lot more to consider. A bike accident lawyer from an established personal injury firm will factor in the lost wages and pain and suffering in the negotiations.
Depending on the circumstances, you might need to file a lawsuit to get the compensation you deserve for the injuries you have sustained. Regardless of the extent of your injuries, make sure to consult with and get the help of, talented lawyers in Kelowna from a personal injury law firm.
If a driver caused an accident due to negligence, criminal activity, or intentionally dangerous actions, you should be able to secure compensation for damages through a personal injury claim. Contact Diamond Law today!
Have You Been Injured in A Bike Accident in Kelowna? Contact Diamond Law Today!
Unfortunately, the stigma attached to motorcycle riders applies equally to bicyclists in the sense that insurance companies and juries tend to blame them for the accident. Such biases can lead to your personal injury claim being denied or you receiving less compensation than you deserve.
If you or someone you know sustains an injury during a bike accident in Kelowna, you may not be the one to blame. However, you’ll need a personal injury lawyer with your best interests at heart. Contact Diamond Law today and get a free legal consultation from one of our personal injury lawyers who have decades of experience.