Bicycle Accident with Serious Bodily Injury
Author: Attorney Jay Kanter
Our client was a 50 year old man who was an avid cyclist. He would ride 25 miles a day at least a few days a week. One afternoon he was riding his bike when he was struck by a passing vehicle. Our client was severely injured suffering a broken leg and multiple head injuries. He spent over a month in a trauma center, and subsequently spent over 1 month in a rehabilitation facility.
Proving Liability When Our Client had no Recollection of the Accident
Following the accident, the police only interviewed the driver of the car. Although there were witnesses to the aftermath, there was not one independent witness that saw the initial crash. As a result the police indicated in their report that the bicyclist was at fault for turning into the car as it passed. Attorneys Dell & Schaefer immediately retained an accident reconstruction expert and a bicycle expert. After examination of the accident scene, the accident diagrams and the bicycle, our experts were able to determine that the bike was rear ended.
Having established that liability was on the driver on the car, and having substantial evidence of the severity of our client’s injuries, a demand for the $500,000.00 dollar policy limits was made. Our client submitted himself for an independent medical exam (IME) to be performed at the request and expense of the insurance company. The IME substantiated the extent of our client’s injuries after an extensive full day physical and psychological exam.
Case Settles for $500,000.00 Dollar Policy Limit
As a result of our experts’ testimony and unquestionably injury, the insurance company settled for the policy limit of $500,000.00. Attorneys Dell & Schaefer negotiated a significant reduction in the health insurance lien so that our client could receive a substantial portion of the settlement proceeds. Our client and his family were very appreciative that Attorneys Dell & Schaefer were able to resolve this case for the maximum amount available without spending a significant sum of money to litigate this case.
If you have been injured in a bicycle accident, contact Attorneys Dell & Schaefer for a free consultation regarding your rights.