IMMEDIATE LIABILITY EVALUATION AND PLAN
Once the Walkup Bike Accident team has been retained, our goal is to immediately investigate and pin down fault and liability on the part of the potential defendant(s) whether that is an auto driver, a rideshare company, a bus or trucking entity or whoever it is that maintains and controls the highway or roadway where your injury occurred. A full and thorough liability evaluation involves much more than simply grabbing the police report. Our initial evaluation will also include looking for video that may be available whether from private homes, business security cameras, public security cameras or passing vehicles like busses and taxis equipped with video capability. When indicated we will send our investigator to the scene to take appropriate measurements and photographs, track down witnesses, evaluate whether there is a pre-existing accident history at the location, and determine if there is any evidence suggesting comparative fault on the part of our client.
LOCATE AND RETAIN NECESSARY EXPERTS
Once our preliminary liability investigation indicates that there is a viable case and that there are one or more potential defendants with the ability to compensate our client, our bicycle injury lawyers turn to the identification and retention of the right experts to prove the case. The right experts in a given case depend upon its facts- but most often we find that we need experts who specialize in accident reconstruction, physicians who understand traumatic fractures and head injuries that result from typical bike collisions, experts who understand and can testify to riders behavior, neurologists and neuropsychologists who can explain and describe the significance and mechanics of fall- related head injuries, life care planners, biomechanical engineers, and economic experts who can attach costs to the probable requirements for treatment in the future. Putting together a team of experts is important, and your bike injury lawyers should be thinking about that from the very first day they are retained.
BUILDING THE NON-ECONOMIC DAMAGES CASE
Our team knows that full compensation requires recovery for non-economic losses. Besides bills, expenses, and lost wages, good lawyers seek to prove that the largest component of a claim for an injured bicycle rider involves pain, suffering, disability and long-term or permanent quality-of-life impairment. Stressing these losses to a judge or jury is crucial in order to recover damages for the full effect of the injuries on the rider’s daily life and well-being. This includes proving emotional distress from the injury, chronic discomfort, anxiety, depression, and PTSD. If injuries prevent the rider from participating in hobbies, sports, social activities, or other pre-accident routines that brought pleasure, these losses need to be communicated to the jury. When injuries strain marital relationships, damages can be sought for the diminished ability to connect with loved ones. Long-lasting psychological harm—including ongoing fear of cycling, can also support a substantial claim. Finally, loss of independence with a need for assistance with basic tasks, or dependence on others for care, highlights the severity of life changes that are compensable as non-economic damages.
