Over the past 30 years Cars and other transportation vehicles have become increasingly safer. In contrast however, due to a lack of funding by federal and state agencies, our roads have become more hazardous. Bicycle and motorcycle riders are at the greatest risk of suffering serious injuries due to the failure local, city and state agencies to properly pave over unused railroad, subway and trolley tracks. Liability on such cases can be established if the public-government agency had prior notice of the dangerous roadway conditions due to the presence of unused railway tracks by failed to resolve the issue in a timely manner.
Filing a Claim Against Government Entities – Statute of Limitation Rules ApplicableGenerally victims of personal injury have two years from the date of an accident to file a claim in the court of law. However claims against government entities are a different story. Initially a plaintiff (injured party) must file an administrative claim against the government agency. This claim must be filed within 6 months (120 days) from the date of the accident or injury. Of an when the government claim is denied the injured party with have two years from the date of the accident to file a claim in civil claim.
Common Injuries Associated With Bicycle Accidents: Some of the most common injuries include
- Traumatic brain injury
- Spinal Cord injury
- Lacerations – cuts and bruises
- Cracked and broken bones and ribcage
- Broken nose and facial fractures
Fatality of a Family MembersHistorically under the Common Law legal system, family members of loved ones who had died due to the negligent or wrongful actions of others did not have the legal right to pursue a personal injury claim. In response most states have enacted wrongful death statutes which provide certain family members of the deceased to pursue a tort based cause of action against an at fault party.
Compensation Available for Victims Accidents and Injuries Causes by Road HazardsBicyclists, pedestrians and other motorists who have been involved on accidents causes by the negligent or wrongful actions of government are entitled to compensation for all harms suffered. A detailed list of the damages and harms compensable in personal injury causes of action include the following…
- All medical and healthcare expenses.
- All future medical and rehabilitation needs.
- Property loss or damage – including replacement of your bicycle if damaged.
- Other Economic damages including loss of wages and future loss of income.
- Non-economic damage compensation – pain and suffering, emotional distress, and mental anguish.