Were you recently hurt in a bicycle accident in Scottsdale, Arizona? You might feel overwhelmed by medical bills, missed time from work, and the stress of trying to recover. But you shouldn’t have to handle this alone.
The team at Mushkatel, Gobbato, & Kile, P.L.L.C. is here to stand by your side. We can investigate your case, gather valuable evidence, and fight for the compensation you deserve. Contact us today for an initial consultation, and let us help you take the next steps toward recovery.
What Are Common Causes of Bicycle Accidents in Scottsdale?
Cyclists sharing the road with motorists face numerous risks that can result in serious crashes. Drivers do not always follow traffic rules or respect every cyclist’s right-of-way, and many bike accidents result from these preventable errors. Common causes of bicycle accidents in Scottsdale include:
- Failing to yield right-of-way – A frequent cause of bicycle accidents is when a driver fails to yield to a cyclist at an intersection or while turning. Many collisions occur when drivers do not look out for bicyclists or realize they must yield.
- Distracted driving – Drivers who use their phones, adjust their radios, or engage in other distractions can easily miss seeing cyclists on the road. Distractions reduce reaction time, and drivers might not notice a cyclist until it’s too late to avoid a crash.
- Opening car doors in bicycle lanes – “Dooring” accidents occur when people open their car doors into the paths of oncoming cyclists. This is common in areas with parked cars along the street. Cyclists often have little time to react and crash into opening doors as a result.
- Speeding – Drivers who exceed the speed limit create a greater risk for accidents. When a driver is speeding, they have less time to react to nearby bicycle riders. If a cyclist needs to swerve or stop, a speeding driver might not be able to avoid a collision in time.
- Unsafe road conditions – Poorly maintained roads, including those with potholes, loose gravel, or debris, can cause a cyclist to lose control and crash. If local governments fail to keep public roads safe, they can be liable for bicycle accidents resulting from poor road conditions.
What Types of Injuries Result from Scottsdale Cycling Accidents?
Bicycle accident injuries can vary depending on the speed of the crash, whether the cyclist was using protective gear, and how they landed after the collision. Regardless of these factors, many cyclists suffer devastating injuries in traffic accidents due to their considerable vulnerability on the road. Examples of serious injuries that can result from Scottsdale cycling accidents include:
- Road rash
- Concussions
- Traumatic brain injuries
- Fractures
- Dislocations
- Face and eye injuries
- Dental injuries
- Spinal cord injuries
- Whiplash
- Internal bleeding
- Punctured lungs
- Severe cuts and bruising
- Soft tissue damage
- Post-traumatic stress
What Are a Bicyclist’s Rights?
Bicyclists in Scottsdale have several important rights under state law. Cyclists riding on roadways or shoulders have the same rights and responsibilities as drivers of motor vehicles. This means bicyclists must follow traffic laws like stopping at signals and yielding when required, but they also have the right to use the road like drivers.
Bicyclists are entitled to respect from motor vehicle drivers on the road. When overtaking a bicyclist, drivers must leave at least three feet of space.
Bicyclists also have the exclusive right to use designated bicycle paths and lanes. Motorists may not stop, park, or drive in these lanes except in emergencies or when crossing to access a road or driveway.
What Is Needed to Prove Fault in a Bicycle Accident?
You must show that another party’s actions or inaction caused your injuries to prove fault in a bicycle accident case. To do this, your lawyer will gather different types of evidence that support your claim and show how the accident happened. Some of the evidence your attorney might use includes:
- Witness statements – Testimony from people who saw the traffic collision can provide a clearer picture of what occurred and verify your version of events.
- Photos and videos – Images or video footage from surveillance cameras or dashcams can show the collision in real-time and shed light on the conditions.
- Medical records – Your lawyer will use your medical records to prove the extent of your injuries and link them directly to the bike accident.
- Expert testimony – Statements from accident reconstruction experts or medical professionals can offer insight into how the crash happened or the severity of your injuries.
- Traffic citations – If the other party received a ticket for violating traffic laws, it could provide strong evidence of fault.
- Skid marks and vehicle damage – Physical evidence from the scene, such as skid marks, debris, or damage to the vehicles involved, can demonstrate how the accident occurred.
Can I Seek Compensation for My Injuries?
You may be entitled to compensation after a Scottsdale bike crash. The amount of compensation you can recover varies based on factors like the severity of your crash injuries and the impact they have had on your life.
The purpose of bicycle accident compensation is to help you recover from the losses you suffered due to the crash. Even though this compensation cannot reverse the harm of the collision, it can cover your personal and economic losses as much as possible to make you “whole” again. Depending on your situation, you could seek compensation for:
- The costs of any medical treatment you require for your bicycle accident injuries
- Future medical expenses related to ongoing care or future surgeries
- Rehabilitation and therapy to help you recover from your injuries
- Wages you lost because your injuries kept you from working
- The loss of your future earning potential if you can no longer work in the same capacity
- The physical pain and emotional distress resulting from the trauma of the accident
- Losses in your quality of life or ability to enjoy activities and hobbies you once loved
What If I Am Partially At Fault?
You can seek compensation for your injuries after a Scottsdale bicycle accident, even if you are partly at fault. Arizona follows a pure comparative negligence rule, which allows you to recover compensation from other parties as long as they share some of the blame. This means you can still collect compensation even if you are 99 percent responsible for the accident.
However, if you are partially to blame, your total financial recovery will decrease based on your percentage of fault. For example, if you are 50 percent at fault, the court would reduce your total compensation award by 50 percent.
What If the Driver Who Hit Me Left the Scene of the Accident?
If the driver who hit you left the scene of the bike accident, you still have options to seek compensation for your injuries. One way is to file a claim through your own auto insurance policy. If you have uninsured motorist (UM) coverage, it can cover your medical expenses and related losses, even if the hit-and-run driver is never found. You can also get coverage for your immediate medical bills from your medical payments (MedPay) coverage, if you have it, or your health insurance policy. It’s important to contact your insurance company as soon as possible after a bicycle accident to start the claims process and pursue the compensation you need.
On the other hand, locating a hit-and-run driver is difficult but not impossible. If you find the driver, you can file a claim against their insurance or take them to court. Your lawyer can work with law enforcement to gather any available evidence, such as witness statements or surveillance footage, to try to identify the driver.
Does Arizona Have a Time Limit for Filing a Bicycle Accident Injury Lawsuit?
In Arizona, you have two years to file a lawsuit after a bicycle accident. If you wait too long, you could lose your chance to demand compensation for your injuries. If you file after the deadline, the court will likely dismiss your case, and you won’t be able to sue the at-fault party.
You should contact a lawyer as soon as possible after a Scottsdale bicycle wreck to avoid missing this critical deadline. A lawyer can evaluate your case, gather evidence, and file all necessary claim paperwork on time. They can also handle the entire legal process for you while you focus on your recovery. Working with a lawyer immediately after the accident can help protect your right to sue and pursue fair compensation.
Contact a Scottsdale Bicycle Accident Lawyer
If you’ve been injured in a bicycle accident in Scottsdale, don’t wait to get the legal help you need. The lawyers at Mushkatel, Gobbato, & Kile, P.L.L.C. are here to assist you in pursuing compensation for your injuries. We have over 50 years of combined legal experience maximizing compensation for injury victims. Our team will review your case, explain your options, and fight for a full financial recovery. Clients call our firm “reliable, honest and very knowledgeable.” Contact us today for an initial consultation to get started
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