Bicycles are very popular throughout Montana. They allow you to take in the beauty that the state has to offer while boosting your overall health by providing exercise. However, sharing the road with motor vehicles can be very dangerous.
As a cyclist, you are a vulnerable road user who can suffer potentially catastrophic injuries in even a seemingly minor accident.
Knowing what to do after a bicycle accident in Montana can be difficult. You may be struggling with serious injuries that leave you unable to work or live your life as you used to. It’s common for people to feel confused, angry, and unsure of what their next steps should be.
If you’ve been injured in a bicycle accident in Montana, one of your legal options is to file a personal injury claim. These claims make it easier to recover damages, including coverage for medical expenses, lost wages, and emotional distress.
To have the best possible chance of receiving the compensation you deserve, you need assistance from a bicycle accident lawyer.
Learn what to do after a bike accident, and why having an attorney can protect your rights to recover losses.
The Critical First Minutes at the Crash Scene: Safety and Police Response
If you’ve ever asked, “What should I do after a bicycle accident?” the first thing to remember is that your safety is the most important.
If possible, move to a safe location as far away from traffic as possible. The only times you should not attempt to do this are if you feel significant pain in your back or if you suspect you have suffered head injuries. Movement can make concussions and other traumatic brain injuries worse.
Next, call 911 to get emergency services to the scene. Once paramedics arrive, allow them to look you over. It’s vital to seek medical attention immediately, even if you suspect you suffered only minor injuries. You will need a clear record of the injuries sustained during the collision if you pursue a bicycle accident claim in Montana.
Once the police arrive, tell them exactly what occurred. Offer as many details as possible. A police report will be a crucial piece of evidence for any bicycle accident injury claim you file.
How to Document the Scene and Preserve Fleeting Evidence
Another of the most crucial things regarding what to do after a bicycle accident in Montana is evidence preservation. If you can, ensure your bicycle is safe so that it doesn’t suffer further damage. Doing so will help your bicycle accident insurance claim.
The bike will offer insight into everything from how fast the vehicles involved were going to the direction from which you were hit. Don’t clean or repair the bike, your helmet, or any other property until their damage has been thoroughly documented.
For people who were wearing devices, like watches, that monitor heart rate or mileage traveled, another important step is to preserve this evidence. Save the data from the moments in which the accident took place. It may help show the speed at which you were traveling and your stopping patterns.
If you’re well enough to remain at the scene of the accident, start taking photos. Document your injuries, the state of the bicycle, whether there are skid marks, poor road conditions, and anything else that could paint a clear picture of what occurred. If there were eyewitnesses, get their contact details. You will need their statements later.
Your own recollections are also important for a bike accident lawsuit in Montana. Write down or record everything you remember about the moments leading up to the accident, the pain you’re experiencing, and your state of mind.
Why Immediate Medical Care Is Vital (Even if You Feel Fine)
What should you do after a bicycle accident in Montana? You should get immediate medical attention even if you don’t feel like you were injured. Common bicycle accident injuries may not appear immediately at the crash site. Some, like soft tissue injuries, can take hours or days to cause symptoms.
Traumatic brain injuries and internal bleeding are also not immediately apparent. If you don’t get medical treatment as soon as possible after the crash, you could develop severe complications, like worsening head trauma or organ damage.
Additionally, your legal claim could be at risk if you don’t get fast medical care. If the driver’s insurance company sees that you developed symptoms days after the collision and there is no record of medical care at the site of the accident, they could dispute the cause. That could impact your right to pursue compensation.
Navigating Early Conversations With Insurance Adjusters
When seeking a bicycle accident settlement in Montana, you will have to file a claim with insurance adjusters. These are for-profit companies that seek to make as much money as they can, so they’ll be looking for any way to deny your claim.
They’ll record every conversation you have with them, so be careful what you say. Don’t admit to fault, since that can be used against you later.
It’s always a good idea to rely on a personal injury attorney when speaking with insurers. Bicycle accident attorneys will know how to pursue these personal injury claims and negotiate for the best possible settlement.
How Montana’s Specific Traffic Rules Impact Your Fault Assessment
Who is at fault in a bicycle accident? That is a vital question in the process, since Montana is an at-fault state.
However, Montana law follows modified comparative negligence doctrines, which means you can be partly responsible for the accident and still be allowed to recover losses as long as your fault percentage is 50% or less. Your winnings will be proportionally decreased by your negligence.
Some aspects of Montana law can impact fault. One example is left-turn accidents. Drivers making a left turn must always yield to oncoming traffic. If the other vehicle did not respect this and hit you, that driver will most likely be seen as responsible for the crash.
Montana bicycle accident laws also protect cyclists when other drivers turn right at a red light. The state allows vehicles to turn on red, unless there are signs prohibiting this or if there are pedestrians or cyclists in the way. A driver who hits a bike while turning on red is likely to be found at fault.
Some laws can impact whether a cyclist is found at least partly responsible. One of these is that bicycles must have a white front light and a red rear light so that they’re visible at night. Not having these could make you partly liable.
Montana also allows cyclists to use crosswalks, but they must yield to pedestrians. Not doing so and causing an accident can mean being found at fault.
Calculating the True Financial Cost of Your Collision and Recovery
To get fair bike accident compensation in Montana, it’s necessary to fully calculate your losses. First, assess the injuries you sustained. You can experience everything from broken bones to organ damage and other severe injuries.
Preserve all medical bills, along with doctors’ notes and other evidence that shows the treatment you will need to receive. When dealing with serious injuries, your legal team will calculate your future medical expenses, too, since these can be significant.
If you had to miss days of work because of the injuries, lost wages will be part of fair compensation, too. In instances when the injury is so severe that you cannot return to work in the same capacity or at all, you would be entitled to compensation for loss of earning potential.
Being involved in a bicycle accident can mean dealing with emotional and psychological distress. Pain and suffering damages can address these losses. They are not easy to prove, however, so you need a bicycle accident lawyer to help you understand just what you may be entitled to.
Typically, the more severe the injury is, the more you can receive as part of pain and suffering.
With the right bicycle accident legal representation, you can be certain you have a chance to receive maximum compensation.
Understanding the Strict Deadlines for Taking Legal Action in Montana
How long do you have to file a bicycle accident claim in Montana? Bicycle accident victims don’t have an unlimited amount of time to file a claim. The statute of limitations in the state is three years from the accident date, but there could be exceptions that impact the timeline. If you miss the deadline, you will not be able to recover any losses.
It’s essential that you begin a claim immediately after the accident. Not doing so can mean there will be less available evidence. You may not even be able to find witnesses any longer. An experienced bicycle accident attorney will not miss the deadline.
When to Hand the Burden Over to a Local Legal Professional
Bicycle accident legal help is essential from the start. These are not simple claims, especially if you suffered severe injuries or there are disputes over fault.
If you see that insurance companies are delaying the settlement process, they have made a very low offer, or if the other party continues to insist you are to blame for the accident, you need to hire a Montana bicycle accident lawyer.
At Brann Law Firm, we are dedicated to helping you fight for your bicycle crash legal rights. We know how stressful these legal actions are, so we do everything in our power to make the process easier for our clients. You can focus on recovering from your injuries while we prepare a strong case on your behalf.
Schedule a bicycle accident legal consultation to get started.
