Will My Bicycle Accident Case Require an Expert Witness?
Suppose you are injured in a bike accident; would you need an expert witness? Proving liability in a bike accident can be difficult.
First, you’ll need evidence that supports your version of events to win your case. The proof might include testimony from eyewitnesses and expert witnesses who can help explain the physics of the accident and how it impacted your injuries.
At the Law Offices of Rosenfeld Injury Lawyers, LLC, we have experienced attorneys and staff who will work diligently to get you the compensation you deserve.
Our Chicago bicycle accidents attorneys will handle every aspect of your case so that you can focus on recovering from your injuries. Contact us today toll-free at (888) 424-5757 for a free consultation.
Expert Testimony: Expert Witnesses in a Bike Crash Case
When you are involved in a bike crash, you must have proof of negligence or wrongdoing. Subsequently, to demonstrate that the other person was negligent, you may need the services of a bike accident expert witness.
An expert witness can give a professional opinion on why a particular collision occurred.
Also, an experienced bike crash expert witness would be able to review the details of your case. Finally, the witness could provide an expert’s opinion on the crash on how it could have been prevented.
In your case study, the expert witness would perform the following tasks:
- Analyze your case study and write a 2-3 pages report discussing the circumstances of your bike accident
- Identify and describe the roles of the key people involved in your case
- Summarize how the case’s events might have been prevented
- Identify the 5-10 takeaways from your case study to help prevent future accidents
A Witness Testimony in a Bike’s Accident
An expert witness can determine if a bicycle is designed reasonably or not. The expert's assessment can also determine if a bike is safe enough to use or poses an unacceptable risk of injury to the rider.
The expert's testimony in bike accidents is critical in determining the outcome of a case. Therefore, the expert's testimony will be based on their extensive experience, knowledge, and qualifications relevant to bike collision cases.
Furthermore, the expert's testimony should be based primarily on facts, not assumptions. The expert should clarify all uncertain issues and answer all jury questions.
They should not be biased in their opinions about the crash under investigation and must base their conclusion on a valid examination and correct analysis of the facts.
A witness's testimony can clear the defendant of wrongdoing, but it is still possible that they are not in the right. It's important to remember that the duty of care belongs to the driver. For example, if the cyclist were obstructing the car, the driver would not stop for them.
The witness can testify proper road positioning for cyclists, the types of lights used on bikes, and their proper use. In addition, medical experts can explain the damages or injury that a crash victim sustained. Still, they can also describe how the costs of medical care and ongoing therapy may be high.
Knowledge of Roadway Conditions
A trial strategy that may affect the outcome of a case is whether or not to call an expert witness. The witness's personal knowledge is often precious in cases involving bike accidents. Knowledge of the roadway, conditions (for example, construction or potholes?), traffic patterns, and reports by drivers can provide important information about a collision.
Expert witnesses employ specialized knowledge and experience to assist a court in understanding the proof presented. The job of an expert witness is to give critical information about a case that will influence a judge or jury in their decision.
The Threshold for Experts to Testify in Court
Most states allow expert witnesses to offer opinion testimony as long as the witnesses meet several requirements. One requirement is that the expert testimony must be helpful to the fact-finder.
A Consultant Assessment in a Bike’s Accident
A consulting expert is a person who offers expert testimony about an area of expertise in any legal proceeding, including criminal proceedings. Additionally, a consulting expert is usually retained by attorneys to give an opinion about the proof in a case, usually at trial.
Consulting expert witnesses may be asked to provide opinion testimony on the stand or to prepare a report for the attorney. Consulting experts have special training or knowledge in a particular area and write reports or provide testimony to help the judge, jury, and lawyers understand what happened during a crash.
Laying a Claim for Wage Loss Due to a Bike’s Crash
Most riders are aware that they may be responsible for their injuries due to not wearing a helmet or proper safety equipment in the event of a crash. However, there is also a possibility that the other party involved in the collision may be held responsible for your injury and wage loss due to not adhering to proper safety standards.
Consequently, to file a personal injury claim against the other party in a crash, the first step is to find out if there was a violation of the safety rules which may have led to the collision. You should take the time to conduct your investigation into the crash by looking at roadway conditions, weather, and traffic.
Violating Traffic Rules
If it is determined that the other party violated specific rules or laws, you should file a claim with their insurance company.
You can start this procedure by sending the other party an official letter stating your detailed version of what happened. In addition, you should make it clear that you are aware of the violation and wish to file a claim due to the damage sustained in the crash.
You will have to be patient until you receive a formal response from their insurance company.
The claim may be denied for several reasons, but the most common is the assumption that your damages are connected to your violation of safety rules. For instance, you may have received an injury because you failed to wear a helmet, making the collision more severe.
Establishing that you lost wages is crucial in a personal injury case. But, how do you validate wage loss has occurred? Do your medical records include enough detail to establish this loss without the help of an expert witness?
Bike Accident Scene Reconstructionist
An accident reconstruction expert is an impartial professional who does not serve as a witness for one side more than the other. The expert should only answer the questions presented to them by either side.
Accident reconstruction experts shouldn't be needed in every bike crash case, but there are several instances when necessary.
Expert witnesses in personal injury cases must know the legal definition of what makes a bicycle safe. Expert witnesses shouldn't be biased towards one side or the other of the case. That's why many states require them to swear an oath that they'll be impartial.
Simple, Easy to Understand Testimony
The accident reconstruction expert must use language that is understandable for all jurors. The expert should not impress the jury with technical terms, confusing statements, or long words.
Without an accident reconstruction specialist present, the plaintiff (person who is filing the lawsuit) might not be able to demonstrate that the defendant (negligent party) was responsible for the plaintiff's crash.
On the other hand, expert witnesses are paid to present information in court that supports one side of the case. For example, they may testify about their opinion on a person or entity's work, or they might present facts. In addition, expert witnesses will usually discuss the case’s value.
After a free case evaluation with our attorneys, we would be happy to discuss your case's specifics with you and help determine what type of expert witness is needed for a particular case.
A Bike Crash Testimony Characteristics
- A good evaluation of the victim's injury (no matter how small) by a qualified medical professional (including an accurate description of the injury)
- An accurate description of the incident (including the physical location, date and time of the collision, weather conditions at the time)
- A good description of the defendant's negligence (in increasing levels of detail as appropriate for the case—i.e., a clear description of the defendant's action that caused injury, a clear description of why this action was negligent, and a clear description of how the negligence resulted in injury)
- A logical explanation of how the defendant's negligence caused injury to the victim
- The victim's account of how they have been affected by the injury
- Details of past and future medical expenses as a result of the victim's damages
- Information on any property damage as a result of the crash
- Details about any lost income as a result of injury or property damage
Sound legal advice stipulates that unless there is a solid foundation of evidence, it's not worth pursuing—because the court will likely find in favor of the defendant.
The number of bicycle accidents in the United States continues to climb each year. This increase is partly due to an increasing number of cyclists on the road and because the number of automobile drivers has risen steadily over the past few years.
While many bike accidents are not severe enough to require medical attention, it is still important to know what you should do if you are involved in a bike collision. Here's information on what to do immediately after a bike accident, as well as what you should do if you are ever involved in an accident where someone else is to blame.
We've won many million-dollar claims for our clients and can assist you. Traffic accidents are a serious safety issue.
In 2019, 33 percent of all individuals killed in a traffic accident were bicyclists. Contact our attorneys for legal advice on bike accidents, motor vehicle crash cases, and other personal injury claims involving bicycles.
What to Do Immediately After a Bike Accident
When you are involved in a bicycle crash, the first thing you should do is make sure that everyone is safe. Then, if you have been injured, call emergency medical services immediately.
Next, check to see if other people have been hurt. If anyone is injured, you should take stock of their injuries and try to keep them calm until emergency medical services arrive.
If the person is not injured, you should ask them to call emergency medical services and make sure they stay with any injured people.
Your personal injury attorneys can recover pay stubs, employment applications, and other documents from your employer when you hire them to represent you. Call our law firm for a free case evaluation of your legal options.
Personal Injury Claims in a Bicycle Case
When cyclists are involved in accidents with motor vehicles, often because the motor vehicle driver failed to see the cyclist, bicyclists can recover damages in a personal injury case. However, accidents involving bicycles, cars, and pedestrians are sometimes the fault of one party or another. In bike accidents, there is usually some factor that caused the crash.
Injured victims cannot file a personal injury claim if they violated some law or had some illegal activity that caused the crash and another person was injured.
Proving that a bike crash caused emotional distress requires an expert witness in psychiatry or psychology. An injury case can be made or done in several ways.
In some cases, the victim might negotiate with the at-fault party for a specific amount of money. The victim could file a lawsuit if they have an upstanding reputation and show that they deserve more than already negotiated.
What the Judge Will Decide
The judge may decide that certain elements in an injury case require an expert witness. For example, suppose the defendant argues that he could not have avoided the crash because the sun was in his eyes and no other cars were around to give him room. In that case, the plaintiff may need an expert witness to attest to visibility.
The injury case shouldn't be considered as a personal insult to the negligent party but as a way to compensate for your losses. The financial compensation in a bike collision case can vary depending on the extent of your injury.
In some cases, especially if you were not wearing a helmet or had an accident due to no negligence on your part, you may be entitled to anywhere from $2,000 to $10,000 or more.
An expert witness can explain various factors determining liability in bike crash claims.
The law firm of Rosenfeld Injury Lawyers, LLC does a great job advocating for the rights of personal injury victims throughout Chicago and Illinois.
Filing Injury Claims With the Law Enforcement and Insurance Companies
Bicyclists involved in accidents should report the incident to local law enforcement. They should also get the name and address of any witnesses or motorists involved in the incident. Additionally, an experienced attorney may assist injured cyclists with filing a personal injury claim.
Bicycle accident claims can be made by simply filing an injury suit with the person's insurance company.
Seeking Medical Attention After a Bike’s Accident
If your injuries are severe enough to require medical attention, you should go to the hospital immediately. If you do not have insurance, you should find out if the hospital you are going to has a program to prevent you from being charged more than you can afford.
If your injuries do not require immediate medical attention, you should take photos and write down the details of what happened. A personal injury claim is an injury suit made by a cyclist using the insurance procedures of the state where the crash occurred.
Statute of Limitations on Personal Injury Claims Filing Time-Frame
Victims must file personal injury claims within a specific timeframe, which varies by state. The statute of limitations is the timeframe in which an injured party must file a personal injury case.
If this time passes, the injured party cannot file a claim and seek compensation for the injuries suffered.
Number of Witnesses Needed in a Bicycle Collision Case
Many personal injury cases occur after a person has been hit by a motor vehicle, particularly when the victim was riding on a bicycle. If you have more than one witness or surveillance video, your case may be more likely to succeed.
When it comes to a bike collision case, providing an expert witness to testify on your behalf gives you a higher chance of winning the case.
A Court Dealing in a Bike Crash Case
A witness can explain to the court that the cyclist was in the right of way, but that is still not enough to prove that they were actually in the right. Witness attestation is not always necessary to prove a claim, but if witnesses attest before the court, their testimony must be consistent with other proof presented.
Before a witness can testify before the court, they must swear an oath stating that their testimony will be truthful.
A witness should explain what has happened documented in an affidavit in their own words. An affidavit is essentially the testimony of that witness, but instead of speaking it to the court, they write it down, swearing that what is in the affidavit is true.
A mental health expert in a bike collision can advise the court on the appropriate course of treatment for a bicyclist involved in a bike accident. If a bike accident happened to you, you might not necessarily need an expert witness.
Some bike accidents do not require one. A free case evaluation with an experienced lawyer is your next best step toward obtaining the full compensation you need and deserve.
What to Do After a Bike Accident If Someone Else Is at Fault
Were you involved in a bike collision where someone else is to blame? If so, you should first exchange contact information.
However, don't assume that the other party will do this with you because they may try to leave the crash scene.
If you are injured, call emergency medical services immediately. Make sure that you take photographs of the scene and write down the other party's contact information.
If you are not injured, you should still take photos of the scene and write down what happened. Our law firm has won many million-dollar lawsuits for our clients, and we can also help you.
Attorney-Client Relationship in a Bike Collision Case
The attorney-client relationship is a fiduciary relationship, which means that the attorney must act in your best interests. If an attorney breaches this duty to their client, they could be sued for malpractice.
The attorney-client bond is established once an attorney starts representing you. An attorney can also withdraw from representation if they believe that representing you would create a conflict of interest.
Types of Compensation in Bike Collision Cases
People involved with bike collisions might suffer physically, emotionally, and financially as a result. Damages for physical injuries can include medical bills, lost wages if someone misses work due to their injuries, and pain and suffering.
Emotional damages can include post-traumatic stress disorder, anxiety, and depression. People who have been in a bike collision may also have trouble sleeping or concentrating if they suffer from these conditions.
If you miss work because of your injuries, your financial damages might include the total amount of wages you missed over a certain time period.
To win a case involving a bike collision, a victim must prove that another party was negligent in some way. A bike accident attorney might help you gather evidence and documentation to resolve your case.
In most cases, there is no single amount of money you can count on receiving from a successful settlement or verdict in a bike collision claim. Because of that, it's important to have an experienced bike collision attorney on your side who knows how to advocate for you properly.
Hiring a Lawyer for a Bike Accident Case Requiring an Expert Witness
Are you looking for a motorcycle accident attorney who can help you seek financial compensation?
If so, we can help. We’re experienced personal injury lawyers who have helped countless people just like you recover compensation for their injuries and damages.
Additionally, you may be entitled to financial recovery from the defendant’s party or insurance company. So, let us fight for your rights!
Our firm has recovered millions of dollars on behalf of our clients over the years, and we are confident that we can do the same for you too. So,contact us today toll-free at (888) 424-5757 to get started with your free case evaluation!
Our lawyers operate on a contingency fee basis, so you don't have to pay us unless we win your case.