25+ YEARS EXPERIENCE • 99% SUCCESS RATE • $100+ MILLION RECOVERED
Bicyclists are unique in their vulnerability during auto accidents. In most major cities in Arizona, bicyclists have to ride in the road alongside motor vehicles, not on sidewalks.
This puts them in frequent contact with passenger cars. In 2019, Arizona had 1,275 reported pedalcycle accidents. Unfortunately, many of these accidents caused serious and fatal injuries to the cyclist. With no protective shells surrounding them, bicyclists are extremely prone to injuries in collisions.
Despite a prudent bicyclist’s best attempts at avoiding an accident, a negligent driver could cause a collision and life-changing injuries for the victim. At Gerber Injury Law, our Phoenix bicycle accident attorney represent victims during insurance claims and injury lawsuits. We may be able to help you and your family recover compensation for your past and future damages.
Discuss your recent bicycle accident with our attorneys today. Call (602) 900-9286 for a free consultation.
Why Clients Choose Attorney Ken Gerber
- He has been practicing personal injury law for years. Ken Gerber began Gerber Injury Law in 2001, after years of experience as both a prosecuting attorney and personal injury lawyer.
- He has the power to obtain real results. Ken and his team have secured more than $100 million in total recoveries, including $175,000 for a bicyclist hit by a driver who rolled through a stop sign.
- He knows how to deal with insurance companies. Ken can aggressively negotiate for a fair insurance settlement on your behalf. If that does not work, he can go to trial instead.
- He cares about his clients. Clients return to Ken for all of their legal needs because of his compassion, commitment and professionalism. We treat our clients like family.
How Do Bicycle Accidents Happen in Phoenix?
Before you can file an insurance claim in Arizona, you or your lawyer must determine fault. Arizona is a fault-based state, meaning you may hold the party that caused your accident financially accountable for your damages.
At Gerber Injury Law, we investigate bicycle accidents in Phoenix for signs of fault and causation. Then, we can help clients go up against the appropriate party. We recognize the most common causes of bicycle accidents after years of accepting clients in this practice area.
- Driver errors. Drivers cause most bicycle crashes in Arizona through acts of negligence and recklessness. Common examples include driving while impaired, driving distracted, speeding, running red lights and failing to yield the right-of-way. Our attorneys may be able to help you gather evidence of driver negligence to use during your injury claim.
- Dangerous roads. The condition of the surface area matters while cycling. If a road contains a defect such as a pothole or uneven curb, it could cause a bicycle accident. If the City of Phoenix knew or had reason to know about the dangerous road defect yet did nothing to repair it, the government could be liable for your related bicycle accident.
- Bicycle defects. Every year, bicycle manufacturers recall thousands of bicycles with defects such as loose bolts or weak frames. Bike defects can lead to disastrous accidents while in use. If you believe this was the case in your bike accident, keep the defective bicycle and contact our product liability lawyers. The manufacturing company may be liable for your damages.
Our personal injury attorneys have the power to go up against one or multiple defendants on your behalf during a bicycle accident claim in Arizona. We can identify the liable party, collect evidence proving fault and negotiate a compensatory award from the correct defendant.
We can also take your bike accident claim to trial in Phoenix, if necessary. Our lawyers have experience with many types of personal injury claims, including claims against the government and product liability lawsuits.
Frequently Asked Questions
Bicycle accident law is a complex practice area with many related issues. As a bicyclist with severe injuries, the best way to protect your rights during a civil cam is to obtain answers to your legal questions from an experienced attorney. Ken Gerber can offer you tailored legal advice during a free consultation in Phoenix, AZ. In the meantime, we can provide answers to some of the most frequently asked questions.
- Have I missed the deadline to file? Speak to us as soon as possible to make sure you meet Arizona’s deadline to file, known as the statute of limitations. All personal injury claimants in Arizona have a maximum of two years from the dates of their accidents to file. Filing too late almost guarantees the loss of the right to recover.
- What if I was not wearing a helmet? The defendant may try to argue your compensatory award down based on your failure to wear a bicycle helmet. The law in Arizona, however, does not require helmets. Even if you have a head or brain injury, therefore, the defendant cannot use your lack of helmet-wearing against you.
- What can I get for a bicycle accident claim in Arizona? The value of your case can vary according to factors such as the nature of your injuries. We have recovered many six-figure settlements and judgments for clients, but this does not guarantee the same results for you. Discuss your case in more detail with us for an estimate of its value.
These are just three of the many questions our attorneys can answer for you during a consultation about a recent Phoenix bicycle accident. We can prepare you for conversations and negotiations with claims adjusters.
We can also take over these communications for you as your personal injury lawyers to ensure a fair outcome. We will keep you informed about your rights throughout the claim.
Types of Compensation Available for a Phoenix Bicycle Accident Case
There may be various types of compensation available to Phoenix bicycle accident victims if their crash was caused by the actions of somebody else. At Gerber Injury Law, our attorneys strive to recover both economic and non-economic compensation on behalf of every client that we help.
- Economic compensation. This is also called special damages and refers to the losses that a bicycle crash victim sustains that are relatively easy to calculate in the aftermath of the incident. We say relatively easy to calculate because an attorney and the injury victim will typically gather up the bills and receipts that show the following expenses:
- All bicycle crash-related medical bills
- Lost wages if a crash victim cannot work
- Property damage expenses (for the bike, a cell phone, watch, etc.)
- General household out-of-pocket expenses
- Non-economic compensation. This is also called general damages and refers to the types of losses that are more immeasurable following a bicycle accident case. We say these are immeasurable because there are no direct bills or receive that can be added up to measure a bicycle accident victim’s:
- Physical and mental pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of consortium for a spouse
The total amount of compensation available to a Phoenix bicycle accident victim will vary depending on the facts and circumstances surrounding each particular situation. Generally, the more severe the injuries, the more likely a crash victim will be to receive a larger settlement.
What if You Were Partially At Fault for a Bicycle Accident in Phoenix?
The good news is that bicycle accident victims can still recover compensation even if they are partially at fault for the incident. This will be true even if we are discussing settling the claim through auto insurance carrier coverage or through a civil personal injury lawsuit.
Arizona operates under what is called a “pure comparative negligence” system. This means that injury victims can still recover compensation even if they are up to 99% at fault for the incident. This differs from how other states handle these situations, most of which prohibit recovery of compensation if a person is 50% or more responsible for the incident.
However, the total amount of compensation an injury victim receives will be reduced based on their percentage of fault for the incident. For example, suppose a bicyclist gets struck by a driver in a pickup truck while they are crossing the street at an intersection.
If a bicyclist sustains $10,000 worth of medical bills and property damage losses, they may be entitled to the full recovery of this compensation. However, what if it is determined that the bicyclist was looking at their phone when they were crossing the intersection?
Suppose, in this case, a personal injury jury finds that the bicyclist is 40% responsible for the incident. In this particular scenario, the bicyclist would receive $6,000 instead of the full $10,000 to account for their 40% of fault for the incident.
Contact a Phoenix Bicycle Accident Attorney Today
You do not have to confront a driver, the City of Phoenix, an insurance company or another party after a bicycle accident alone. Hiring a lawyer from Gerber Injury Law could give you an edge during insurance negotiations.
Our bicycle accident attorneys may be able to secure better results than you could without legal representation. We can also answer your questions and address your needs every step of the way, lending you peace of mind.
Contact us today to request a free consultation in Phoenix. We also have offices located in Scottsdale, Surprise, Avondale and Mesa, Arizona.
What Our Clients Say
"Thank you, Ken, for the great work you did on my personal injury case! … You’re a real pro and I was proud to have you representing me!"Meadlowlark Lemon • Harlem Globetrotter
"Mr. Gerber and his staff were very helpful after my accident, taking all the stress and worries off my hands and really doing a great job!"V.C.
"Words don’t begin to express my appreciation for the excellent way Gerber Injury Law handled my injury case."A.R.