The majority of bicycle accident claimants find their attorneys through word-of-mouth. Clients frequently look to family members, friends, neighbors, and co-workers to recommend local bicycle injury lawyers. Some clients also search for attorneys online or contact law firms advertising their six and seven-figure accident settlements. While prospective clients should consider past-client testimonials, the attorney’s online presence, and the law firm’s past success, these factors may not guarantee you’ll find a reputable bicycle crash lawyer.
Cycling accidents necessitate dedicated bicycle injury counsel because they often involve motor vehicles, road sharing, product defects, and municipal liability laws. Finding the right bicycle accident lawyer for your mountain or road biking accident can involve meeting with multiple legal professionals. Consider the following five ways to find a reputable bicycle crash lawyer near you.
Connect With State Bar Associations and Review Previous Court Filings
Whether you searched for local bike accident lawyers or asked for recommendations, start by reviewing the lawyer’s standing with the state bar. Nearly every state provides an attorney search system listing the attorney’s standing (active or inactive, good, probationary, suspended, or disbarred) and disciplinary record upon request. To independently represent clients, the attorney must maintain active status with the appropriate state bar with good standing.
Many states also have small groups within bar organizations for lawyers who accept bicycle accident cases. Claimants may contact these sub-associations for experienced lawyer recommendations or member lists. Most attorneys in local bars have positive reputations within their community and judicial districts.
In states that do not provide lawyer recommendations, prospective clients may review an attorney’s work product via public case databases. Most jurisdictions provide online public accesses to court documents containing cases litigated by the prospective attorney or law firm. These databases often include the initial complaint, motions (legal arguments and requests) filed by the attorney, court orders, and the eventual case outcome.
In looking for professional and reputable counsel, review previous case documents for:
- Professional and high-quality writing, organization, timeliness, and grammatically-correct court filings
- Respectful and professional legal arguments
- Positive case outcomes, such as settlements reached or verdicts for the injured plaintiff
- Lack of judicial orders sanctioning or warning the attorney about missed deadlines or legal mistakes
- Timely case resolutions based on filing date
- Lack of orders substituting plaintiff’s counsel
Legal professionals often recommend undertaking these thorough case reviews if the attorney’s conduct raises certain red flags. Grammatical mistakes in emails or letters, lack of timely attorney-client communication, and office disorganization frequently indicate the attorney’s propensity for legal mistakes. These red flags nearly always result in missed court deadlines, sub-par judicial filings, and a poor professional reputation.
Professionalism plays a substantial role in an attorney’s ability to command valuable bike accident settlements and successfully litigate cycling injury cases. New clients can always change lawyers after signing a retainer agreement if they begin questioning their attorney’s reputation and organization.
Consider Past Client Testimonials
Asking friends and co-works to recommend bicycle accident attorneys often leaves claimants feeling obligated to connect with and retain them. While recommended lawyers often have good client rapport, they may not have experience litigating bike injury cases.
Many attorneys also offer referral fees to certain individuals directing injury claimants to their law firms, so investigate recommended attorneys independently. When discussing your case with others, consider asking for recommendations and testimonials from former bike accident clients.
Speaking with local bicycle safety organizations and recreational cycling groups often yields former bike accident claimants with various attorney experiences. Past clients may direct prospective clients to reputable bicycle crash lawyers and away from subpar counsel.
Look for cases with similar facts when requesting client testimonials, especially similar injuries.
Among the most common injuries suffered during bike accidents include:
- Friction burns
- Traumatic brain injuries (TBI)
- Wrist and ankle fractures
- Chest contusions and punctured lungs
- Knee and shoulder dislocations
- Herniated discs
- Back and neck strains (whiplash and tending damage)
- Paralysis
The nature and severity of bike accident injuries primarily dictate the case’s settlement timeframe and value. Severe cycling trauma, including paralysis, lung damage, and head injuries, frequently require attorneys with experience handling complex injury claims. Recovering compensation for disabling trauma often involves retaining expert witnesses and calculating the lifetime losses associated with the bicycle crash.
Claimants cannot generally demand additional damages from the settling defendants after the case ends. As such, it’s essential to select a bike accident attorney with experience demanding appropriate high-value settlements.
Ask About Case Experience
Cycling accidents often involve multiple legal claims and liable defendants. The location of the accident generally dictates the unique legal principles applicable to your case. Consider the following common claims arising in bike crash cases.
Negligence (Motor Vehicle Accidents)
Drivers must share the road with cyclists; although, they often mistakenly demand the right of way. Driver carelessness causes many road bike accidents in the United States, especially during the evening commute in urban areas.
The most common vehicle and traffic violations leading to cyclist injuries include:
- Failure to yield the right of way
- Unsafe lane changes and merging accidents
- Turning accidents
- Speeding
- Distracted driving, such as by texting
- Drunk driving
- Tailgating
- Reckless and aggressive driving
Cycling accidents often trigger car accident laws and insurance protections, including granting injured cyclists access to payments from auto insurance policies. Experienced car accident attorneys may help injured cyclists following motor vehicle-related injuries. Road bikers should ask prospective counsel about their knowledge and experience working with injured cyclists and pedestrians after motor vehicle collisions, as unique laws often apply in such cases.
Negligence (Premises Liability)
While most biking accidents occur on roadways and in other public areas, loose dogs and property defects may cause bike accidents. These cases often implicate premises liability claims, especially if the accident occurred due to poorly managed private bike trails or roadways. Private property insurers may cover bike injury claims for cyclists invited to utilize private trails, roads, or sidewalks. However, different legal standards apply to off-road accidents. Ensure your prospective attorney has experience litigating premises liability claims, especially related to recreational biking accidents, before signing a retainer agreement.
Negligence (State and Municipal Entities)
Dangerous roadway defects or civil engineering failures cause many biking accidents. Hazardous potholes in bike lanes, poorly constructed intersections, and negligently maintained sidewalks frequently contribute to serious cycling injuries. These claims commonly involve public liability, which most states limit under sovereign immunity.
Generally, attorneys must file claims under the state’s tort claims act within a few months. Failure to follow these rules often eliminates the injured claimant’s ability to recover needed compensation from negligent entities. If dangerous roadway defects, including damaged pavement or poorly designed traffic patterns, contributed to your bike accident, ask local counsel if he’s ever successfully filed and recovered compensation from a public entity.
Product Liability
Some professional-grade bikes cost thousands of dollars, with hundreds more spent on specialized cycling equipment. From tires and chains to helmets and clip-on shoes, defective products can cause serious biking accidents. Experienced riders often know when their bikes malfunctioned, and sometimes attorneys can hold designers, manufactures, and distributors liable for dangerous product defects.
Malfunctioning bikes and safety equipment may contribute to or exacerbate cyclists’ injuries, such as when cyclists cannot unclip themselves from pedals to execute emergency stops or avoid accidents. Different legal standards apply to product defect claims, so ask lawyers about their experience litigating bicycle accident claims stemming from defective bike and safety equipment.
Look for Appropriate Contingency Fee Structures and Fair Settlement Estimates
Injured cyclists commonly incur mounting medical debt and lost wages following sudden bike accidents. Even broken wrists may result in months of lost wages and thousands in medical and rehabilitation expenses. Many potential claimants avoid contacting local lawyers due to concerns about fees and hidden charges. However, the substantial majority of bicycle accident attorneys accept cases on a delayed fee structure, an arrangement called a contingency fee, benefits both clients and their attorneys.
Instead of charging hourly fees, bike accident lawyers generally accept a percentage of their clients’ overall financial recovery as their fee. If the attorney can’t recover damages for his client, he generally doesn’t get paid. Most reputable bicycle accident firms also front all necessary legal costs, including expensive expert witness charges. This fee structure means injured claimants may benefit from experienced legal representation without any upfront charges or out-of-pocket costs.
Despite these seemingly hefty fees, clients seldom recover financial compensation after bike accidents without legal representation. Insurers often refuse to settle cases with unrepresented claimants or trick injured cyclists into accepting nominal settlements and waiving their accident claims. Lawyers should be upfront about their fee structure and manage client expectations.
Clear retainer agreements can help attorneys and their clients demand reasonable settlements covering the injured cyclist’s damages, including:
- Lost wages and employment benefits
- Hospital and surgical bills
- Physician and rehabilitation costs
- Medications and medical equipment
- Household help
- Pain and suffering
- Lost social and recreational enjoyments
You can also ask experienced counsel to estimate your case’s value based on previous bicycle accident settlements. Most reputable plaintiff’s attorneys offer non-binding settlement estimates based on liability, insurance value, injury type, and lost wages. This estimate generally requires analyzing the client’s medical expenses and lost wages while considering the injury’s overall impact on the client’s lifestyle.
Avid riders often suffer from depression, anxiety, and associated mental health conditions after disabling cycling accidents. These injuries frequently impact their ability to stay healthy, socialize, and otherwise enjoy life. Injured riders may demand compensation for these non-economic (pain and suffering) damages. The best attorneys consider how bike accidents impact their clients’ everyday lives. Look for advocates willing to demand full compensation from negligent drivers and property owners after life-changing cycling accidents.
Review the Attorney’s Online Presence
Most reputable law firms have dedicated websites displaying their contact information, practice areas, and case testimonials. Clients should look for professionally managed web pages before contacting local counsel. While some experienced attorneys do not have dedicated web pages, courts and insurers increasingly require e-submissions and technological proficiency to litigate cases properly.
Most attorneys only receive important legal correspondence and deadline notifications via email, necessitating advanced technological skills and organization. Attorneys with personalized web pages often employ or display increased e-filing and modern litigation efficiency.
Prospective clients should expect attorneys to highlight only their best cases through marketing testimonials while understanding that third-party platforms may disproportionately reflect negative client experiences. However, sometimes the most honest and reputable bicycle lawyers reject legally flawed cases and, as such, anger prospective clients. Consider the lawyer’s complete online presence before scheduling bicycle accident consultations, and always feel free to ask about any concerning client reviews.
Selecting the Right Bike Accident Attorney Near You
Many dedicated bicycle accident lawyers accept cycling accident cases, but only some attorneys have handled multiple bike crash claims. Finding the right lawyer can take time, especially because bicycle accidents often present unique legal questions. Consider all of the above factors (such as experience, fee structure, online presence, professionalism, and client testimonials) when selecting bicycle accident counsel.
You should also look for attorneys in your jurisdiction. Local lawyers frequently have experience filing cases in the local court system and have built a professional rapport with judges and defense counsel. These factors often contribute to more favorable and faster bike accident settlements.
Lastly, the most reputable lawyers listen to their clients during their initial consultations and proactively follow up with injured cyclists. Whether you’re seeking dedicated bike accident counsel, want to change lawyers, or need more information about your case, bicycle accident attorneys should offer free and confidential case consultations.