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Cycling has grown exponentially in popularity over the past decade. Whether for exercise, leisure, or as a means of transportation, you can find people on bicycles all over Mesa. Yet, bicycle accidents are a serious risk that can cause serious, often catastrophic injuries.
If you or someone you love has been injured in a Mesa bicycle accident, it is likely that you are going through a very difficult time. You may be unable to work, are incurring significant medical expenses , and are dealign with a painful recovery. However, you are not alone. At Hastings & Hastings, our Mesa bike accident attorneys can help. Call today to schedule a free case review with an attorney, not a case manager. We’re here to help accident victims get the assistance and compensation they deserve for their injuries and property damage.
In Mesa, Arizona, both drivers and bicyclists are legally required to share the road. The laws make requirements for both the drivers and bicyclists. Some of the requirements for Mesa drivers sharing the road include:
Drivers must, of course, obey all street signs and allow bicyclists full use of the lanes just like they would allow other vehicles to do so.
Bicyclists who are sharing the road with motorists have the following requirements:
Following the laws helps cut down both on the number of bicycle accidents in Mesa and their severity.
Sharing the road sounds easy enough. So, what are the most common causes of bicycle accidents in Mesa? They include:
Bicycle accidents can result in a wide array of serious injuries due to the relatively unprotected position of the cyclist. Common injuries from bike accidents include:
These injuries may demand extensive medical treatment, rehabilitation efforts, and long recovery periods, making it crucial for injured cyclists to seek proper compensation through a personal injury claim.
If you’re involved in a Mesa bicycle accident, take the following steps if possible.
In Arizona, if you’ve suffered an injury while biking due to someone else’s negligence or wrongdoing, you could be eligible to recover various types of damages. The three primary categories include:
Economic Damages: These are tangible out-of-pocket costs attributed directly to the injury – like medical expenses, lost wages, and property damage.
Non-Economic Damages: These cover intangible impacts of the accident that don’t have a monetary value. Common examples include pain and suffering, emotional distress, loss of consortium, and decrease in quality of life.
Punitive Damages: In instances where the defendant’s conduct is found to be particularly harmful or malicious, characterized as having an “evil mind” under Arizona law, punitive damages may be awarded.
To obtain an award of punitive damages, a plaintiff must prove by clear and convincing evidence that the defendant engaged in “reprehensible conduct combined with an evil mind over and above that required for commission of a tort.”
These are designed to punish the defendant and dissuade future similar actions.
Understanding how these damages can apply after a bicycle accident in Arizona is crucial in ensuring that your full range of losses is accounted for.
In Arizona, the general deadline for filing a bicycle accident claim is two years from the date of the accident. However, this timeframe can vary based on the circumstances.
Public Entities: For accidents involving government entities or employees, there’s a shorter time to act. The injured party has 180 days after their injury to file a notice of claim with the defendant.
Persons who have claims against a public entity, public school or a public employee shall file claims with the person or persons authorized to accept service for the public entity, public school or public employee as set forth in the Arizona rules of civil procedure within one hundred eighty days after the cause of action accrues. The claim shall contain facts sufficient to permit the public entity, public school or public employee to understand the basis on which liability is claimed. The claim shall also contain a specific amount for which the claim can be settled and the facts supporting that amount. Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.
The injured party then has one year to file a lawsuit.
Minors: The parents of injured minors have until the child turns 18 to file a lawsuit. If this step is not taken, then the statute of limitations starts to run when they turn 18 and they have 2 years from that date to file a personal injury lawsuit.
Discovery Rule: If an individual is unaware of their injury at the time it occurred, the statute of limitations won’t start to run until they discover or should have reasonably discovered the injury.
The variables in the statute of limitations mean it’s important to contact a lawyer as soon as possible after your injury to ensure you don’t miss out on your chance to recover the compensation you deserve.
We never want you to give up doing what you want to do or what you love doing: spending time bicycling. However, if you’re hurt in a bicycle accident in Mesa, schedule your free case evaluation with a Mesa personal injury attorney at Hastings & Hastings right away to learn about your legal options.