A bicycle accident is terrifying and traumatic for the exposed cyclist, who is vulnerable to direct impact and severe injury in a crash. Adding to the distress, it’s the injury victim’s responsibility to prove the at-fault driver’s liability after a bicycle accident. How do insurers and the injury victim determine liability after the accident?
Under Washington RCW 4.22.070, the law states the following:
“In all actions involving fault of more than one entity, the trier of fact shall determine the percentage of the total fault which is attributable to every entity which caused the claimant’s damages except entities immune from liability to the claimant …”
Who Is the “Trier of Fact” In a Bicycle Accident Claim?
The “liable party” in a bicycle accident claim is the person who caused the accident, while the “trier of fact” refers to those investigating the accident. In most cases, this is not the police, who tend to allocate their resources to crimes rather than accidents. Instead, it’s typically the insurance companies of those involved in an accident who assign insurance adjusters to investigate and determine liability.
It’s advantageous for a bicycle accident victim with significant damages, like medical expenses, lost earnings, and substantial pain and suffering, to hire a bicycle accident lawyer to represent their best interests through an independent investigation.
Understanding The Investigation Process to Determine Liability After a Bicycle Accident
The insurance company assigns a percentage of fault to each involved party in a Washington bicycle accident. Depending on their findings, one party, such as the driver, could be 100% at fault, and the cyclist 0% at fault, leaving the driver liable for the damages. In other cases, however, they assign a percentage of fault to the cyclist. For example, if the bike rider was wearing dark, non-reflective clothing and riding at twilight or after dark, the insurance adjuster could assign them a percentage of liability for the accident. If the insurance company determines a bicycle accident victim as 25% at fault, they can reduce a $100,000 claim against their policyholder’s insurance to a $75,000 payout on the claim.
How a Washington Bicycle Accident Attorney Defends You Against Undue Liability
Washington’s pure comparative negligence laws benefit an injury victim who is partly at fault for their accident because they may still recover a portion of their damages, minus their percentage of fault. Unfortunately, this system also incentivizes insurers to assign undue fault to an injury victim to protect their profits by reducing the amount they must pay on the claim. By hiring a Lake Stevens bicycle accident attorney, an injury victim can defend against this and other common insurance company tactics intended to protect the company’s profits at the injury victim’s expense. The attorney conducts an independent investigation and documents compelling evidence of the at-fault party’s liability.
The investigation to determine liability typically includes examining the police report, photos, videos, and evidence preserved at the accident scene. An injury attorney in Lake Stevens may also consult with accident reconstruction specialists for supporting evidence.
Having an attorney on your side increases the likelihood of recovering the maximum available compensation through a settlement without going to court.