You need a bicycle accident attorney to understand your rights. If you are unfortunate to be in a bicycle accident, you need a bicycle lawyer to guide you through the particular legal issues regarding bicycle law. Bicycle lawyers such as Nadrich and Cohen are experts in bicycle law. We advocate for our cyclists rights throughout our legal representation. We are experts on cyclists rights, including their rights to the road and all cyclists rights and duties. Our bicycle law firm knows exactly what to do to protect the bicyclist concerning insurance. We have tremendous experience in recovering bicycle accident settlements on behalf of our cyclists from auto and home owners insurance.
The Various States Bicyclist Liability Laws
Most states have general tort liability, which means that the person who causes the accident has to pay the fault free or not at fault party. There are certain no fault states that have an insurance system based on no fault. These states are: Florida, Hawaii, Kansas, Massachusetts, Michigan, Minnesota, North Dakota, New York, and Utah. There are hybrid states such as Arkansas, Maryland, South Carolina, Texas, Delaware, Oregon, South Dakota and Virginia. There are states with hybrid or no fault options, and they are Kentucky, New Jersey, Pennsylvania, and District of Colombia. The nine states that have no fault means that you will be compensated for your own injuries and property damage by your own insurance policy without regard for who was at fault.
Compensation is limited to your economic damages such as medical expenses and lost income. None of the non economic damages such as pain and suffering damages will be available to you. Nine states have adopted a hybrid system in which the first party benefits; that is, your own insurance. Traditional tort liability states have no restrictions on law suits. The three remaining states offer a choice between no fault and tort liability, in which consumers decide whether they want a threshold limit on lawsuits or a policy with no restrictions. These states are New Jersey, Pennsylvania and District of Columbia.
Nadrich & Cohen, As Your Lawyers- What We Do
Insurance policies always come into play when a cyclist is hit by a motorist. The cyclist will make a claim on the motorists insurance. We specialize in presenting the cyclists claim and working with the adjuster for the insurance company. We provide documentation to support the claim to the adjuster and argue extensively on our clients behalf. Remember, the adjusters job is to make sure the insurance company pays you the smallest amount of money it possibly can to resolve your claim. The adjuster is not your friend, but your adversary.
Home owners insurance coverage has been obtained for cyclists. For example, if a can of soda is thrown from a passing car and hurts the cyclist, certain courts have found that the home owners insurance is liable, and some have found that the automobile insurance coverage applies. If it?s a passenger, then the passengers home insurance can come into play.
California Cyclist Law
Remember, in California, every bicyclist should know that the California Vehicle Code applies to all bicyclists riding on all roadways. There is a California Vehicle Code section that requires that a cyclist rides with and not against traffic.
There is also a Code that requires bicyclists to ride as close to the right hand curb as possible. Lastly, there is a California Vehicle Code section that requires a bicyclist not to ride in a cross walk if it is in a business district.
