Everett Bicycle Accident Lawyer

Bicycle Accidents in Everett

In Everett, Washington, there have been many efforts to keep cyclists safe. The city has earned a “Bicycle Friendly Community” designation, bronze level, from the League of American Bicyclists, recognizing improvements in bicycle infrastructure. Despite these efforts, multiple bike accidents occur each year, resulting in serious injuries and, occasionally, fatalities.

Common Causes of Accidents

• Distracted Driving: Many accidents result from drivers not paying attention, often due to mobile phone use or other distractions. WSDOT crash data shows that over the last several years in the city of Everett there have been roughly 400 crashes per year caused by distracted drivers, including multiple fatalities.
• Failure to Yield: Drivers failing to yield the right of way to bicyclists at intersections and crosswalks is a leading cause of accidents. Attorneys can use traffic camera footage and accident reconstruction to prove fault in these cases.
• Poor Road Conditions: Potholes, lack of bike lanes, and uneven road surfaces pose significant risks to bicyclists. Identifying poor road conditions can involve local government liability and requires detailed documentation and expert testimony to establish negligence.
• Weather Conditions: Rain and fog are common in Everett, reducing visibility and making roads slippery, which increases the likelihood of accidents. Attorneys must consider weather reports and road maintenance records to determine liability and argue for the victim’s compensation.

Common Injuries

• Head Injuries: Traumatic brain injuries, concussions, and skull fractures are frequent due to the lack of protection for bicyclists. These injuries often require extensive medical documentation and expert testimony to demonstrate their long-term impact and justify higher compensation.
• Fractures: Broken bones, particularly in the arms, legs, and collarbone, are common in bicycle accidents. Understanding the extent of these injuries helps attorneys negotiate settlements that cover all medical expenses and rehabilitation costs.
• Spinal Injuries: Severe impacts can result in spinal cord injuries, leading to long-term disability. These cases often involve calculating future medical expenses and loss of earning capacity, requiring detailed economic and medical analysis.
• Soft Tissue Injuries: Lacerations, bruises, and road rash often occur when bicyclists are thrown from their bikes. While these may seem minor, they can lead to significant pain and suffering claims, requiring careful medical documentation.

Understanding the specific causes and types of injuries in bicycle accidents allows our attorneys to build strong cases customized to each victim’s circumstances. Putting together all of these details during the case helps in gathering evidence, proving liability, and ensuring that victims receive the full compensation they deserve.

4. Washington Laws Relevant to Bicycle Accident Cases

Key Laws and Regulations

RCW 46.61.755: Rights and Duties of Bicyclists

This law outlines the responsibilities of bicyclists on public roads. Bicyclists must follow the same traffic laws as motor vehicles, including obeying traffic signals and signs. This statute is important for establishing that a bicyclist was lawfully operating their bicycle at the time of the accident, which can significantly impact the determination of liability.

RCW 46.61.770: Riding on Roadways and Bicycle Paths

This regulation dictates where bicyclists can ride on the road. Bicyclists are generally required to ride as far to the right as practicable but may use the full lane under certain conditions, such as when avoiding hazards or preparing for a left turn. Knowledge of this law helps attorneys argue that the bicyclist was riding appropriately and that any deviation from the far-right position was justified.

Helmet Laws

Washington does not have a statewide helmet law for bicyclists, but some local ordinances require helmet use. In Everett, local regulations do not mandate that bicyclists wear helmets. However, failure to wear a helmet can still affect a case, as it may be argued that injuries were more severe due to the lack of helmet use. A cyclist not wearing a helmet does not negate the liability of the driver. Our Everett personal injury attorneys will be prepared to address this issue and demonstrate that the driver’s negligence was the primary cause of the accident.

Yielding and Right-of-Way Rules

Motorists must yield to bicyclists under specific conditions, such as when bicyclists are in bike lanes or crossing intersections with the right of way. During a bicycle accident case these rules come into play when proving that a driver failed to yield, thereby causing the accident. Attorneys can use traffic laws to show that the driver’s actions violated the bicyclist’s right of way.

Washington’s Pure Comparative Negligence

Washington follows a pure comparative negligence rule. This means that even if a bicyclist is partially at fault for the accident, they can still recover damages. However, the compensation will be reduced by their percentage of fault. For example, if a bicyclist is found to be 20% at fault and the total damages amount to $100,000, they would receive $80,000. Under this rule, our attorneys develop strategies to minimize the bicyclist’s percentage of fault and maximize their compensation.

Legal Entitlements for Victims

Victims of bicycle accidents have the right to seek compensation for various damages. This includes:

• Medical Expenses: Coverage for all current and future medical treatments related to the accident, such as surgeries, hospital stays, and rehabilitation.
• Lost Wages: Compensation for income lost due to the inability to work following the accident, as well as potential future earnings if the injuries result in long-term disability.
• Pain and Suffering: Monetary compensation for physical pain, emotional distress, and reduced quality of life stemming from the accident.
• Property Damage: Reimbursement for damage to the bicycle and any other personal property affected by the accident.

These entitlements are key in building a comprehensive case for maximum compensation. To this end, we will gather medical records, employment documentation, and expert testimony to quantify the full extent of the victim’s losses.

5. What to Expect in a Bicycle Accident Case

Initial Consultation

During your free initial meeting, our attorneys will review the details of your bicycle accident and discuss your legal options. We will gather information about the incident, your injuries, and any medical treatment you have received. This consultation helps us understand your case and allows you to ask any questions about the legal process. We will explain how our approach specifically addresses the unique aspects of bicycle accident cases, such as proving liability and calculating damages related to bicycle-specific injuries.

Medical Care Coordination

We assist with finding and coordinating care with local healthcare providers experienced in treating bicycle accident injuries. A bike accident lawyer from our team will help ensure you receive the necessary medical attention, including referrals to specialists like orthopedic surgeons and neurologists. These specialists are familiar with common bicycle accident injuries, such as fractures and head trauma. Accurate medical documentation helps build a strong compensation claim, and we work closely with healthcare professionals to ensure all records reflect the extent of your injuries and required treatments.

Accident Investigation

• Utilizing Local Resources and Experts: We conduct a thorough investigation using local resources and may utilize experts familiar with Everett’s traffic patterns and road conditions. This includes accident reconstruction experts who can analyze how the bicycle accident occurred.
• Gathering Evidence: This includes collecting traffic camera footage, witness statements, and police reports. We may also visit the accident scene to take photographs and gather additional evidence. Our goal is to build a strong case by gathering all relevant evidence. This approach ensures no detail is overlooked and fully documents the circumstances of the bicycle accident.
• Expert Testimony: We consult with accident reconstruction experts and medical professionals who can provide testimony supporting your case. These experts can explain the mechanics of the bicycle accident and the extent of your injuries, which helps establish liability and the impact on your life.

Insurance Negotiation

• Dealing with Local Insurance Adjusters: In bicycle accident claims insurance adjusters often use tactics to minimize payouts, such as questioning the severity of your injuries, claiming pre-existing conditions, or offering quick, low-ball settlements. We counter these tactics by presenting comprehensive evidence and advocating for your rights.
• Personal Injury Protection (PIP): PIP coverage can help cover your medical expenses and lost wages, even if you were on a bicycle. We will explain how PIP applies to your case. Understanding PIP benefits can help alleviate the immediate financial burden of medical bills and lost income while your case is being resolved.
• Handling Bifurcated Claims and Bad Faith Insurance Denials: Our attorneys manage bifurcated claims, where separate claims are filed for medical expenses and other damages. We also challenge bad faith insurance denials to ensure you receive the compensation you deserve. Bad faith tactics may include unjustly denying claims, delaying claim processing, or misrepresenting policy terms. We are prepared to take legal action against insurers who act in bad faith.

Litigation

• Preparation and Representation: If necessary, we prepare your case for court and represent you in Snohomish County courts. This includes drafting and filing legal documents, conducting depositions, and representing you in pre-trial hearings. Our meticulous preparation ensures your bicycle accident case is well-supported by evidence.
• Overview of the Litigation Process: We provide a detailed overview of what to expect during the litigation process, including pre-trial motions, discovery, and trial procedures. We explain each step and keep you informed about the progress of your case. This transparency helps you understand the timeline and what to expect as your case moves forward.
• Trial Representation: If your case goes to trial, we present evidence, question witnesses, and make arguments on your behalf to secure a favorable verdict. Our attorneys are experienced litigators committed to achieving the best possible outcome for you.

Timeline and Expectations

We outline what clients can expect at each stage of their case, including typical timelines for resolution. From the initial consultation to the final settlement or court decision, we keep you informed and prepared for each step of the process. This includes:

• Initial Consultation: Typically scheduled soon after your first contact.
• Medical Treatment and Documentation: Ongoing throughout the case, depending on the severity of your injuries.
• Investigation: Usually completed within a few weeks to a few months, depending on the complexity of the case. Our team works diligently to gather all necessary evidence as quickly as possible.
• Negotiation: May take several weeks to several months, depending on the responsiveness of the insurance companies. We strive to negotiate fair settlements efficiently but are prepared to take the case to court if necessary.
• Litigation: If a settlement cannot be reached, the litigation process can take several months to a few years, depending on court schedules and the specifics of the case. We keep you updated throughout this process and work to expedite proceedings whenever possible.

Our goal is to ensure you feel informed and supported throughout your bicycle accident case. With clear guidance at each step, we build a compelling case to help you secure the compensation you deserve. Your recovery and peace of mind are our top priorities.

Navigating Insurance Claims

Personal Injury Protection (PIP)

Explanation of PIP Benefits in Washington

As mentioned previously, Personal Injury Protection (PIP) is an essential part of auto insurance in Washington that provides coverage for medical expenses and lost wages, regardless of who is at fault. In bicycle accident cases, if the driver at fault has PIP coverage, it can help cover your medical bills and lost income. PIP benefits are particularly valuable in bicycle accidents, where injuries can be severe and require extensive medical treatment.

Steps to File a PIP Claim and Ensure Maximum Coverage

1. Report the Accident: Notify the at-fault driver’s insurance company about the accident as soon as possible. Provide them with all necessary details about the incident.
2. Gather Documentation: Collect all relevant documents, including medical bills, records of medical treatments, and proof of lost wages. Accurate and complete documentation is critical for ensuring you receive the full benefits you are entitled to.
3. Submit the Claim: File the PIP claim with the insurance company, including all supporting documentation. Ensure that all forms are filled out correctly to avoid delays.
4. Follow Up: Regularly check the status of your claim and provide any additional information the insurance company requests promptly. Staying proactive helps avoid unnecessary delays in processing your claim.
5. Attorney Guidance: A bike accident attorney from Russell & Hill, PLLC can assist you throughout the PIP claims process, ensuring that all paperwork is correctly filed and that you receive the maximum coverage available. We handle all communications with the insurance company, allowing you to focus on your recovery.

If You’ve Been the Victim of a Bicycle Accident We Can Help

If you have been involved in a bicycle accident in Everett, immediate action can significantly impact your case. Contact us today at 800-529-0842 or visit our office in Everett to schedule your free consultation and learn more about your options. By choosing Russell & Hill, PLLC, you are selecting a team committed to protecting your rights and securing the compensation you deserve.

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