Table of Contents

• Where Cape Girardeau Bicycle Accidents Occur
• How a Lawyer Can Help
• What if You Can’t Afford a Lawyer?
• Litigation Costs
• Do You Have a Good Case?
• Contact a Cape Girardeau Bicycle Accident Attorney from Cook, Barkett, Ponder & Wolz Today

Let Our Record Speak for Itself

Our reputation precedes us. Cook, Barkett, Ponder, & Wolz has a decades-long record of getting positive results for our clients, and we want to do the same for you.

Of course, we cannot guarantee results in your case, but we have obtained for our clients:

• $1.25 million automobile injury settlement
• $2.5 million wrongful death settlement
• $17 million personal injury settlement

When and Where Does a Cape Girardeau Bicycle Accident Most Likely Occur?

Bicycle accidents are a common type of personal injury in Cape Girardeau, despite the city’s many bike lanes and paths.

The Center for Disease Control and Prevention reports the following statistics:

• Bicycle accidents are most likely to occur in urban areas/ cities.
• Most bicycle accidents happen on roads that have higher speeds.
• Male bicyclists have a death rate six times higher than female bicyclists.
• Around one-third of the bicycle crash data available shows that the deadly crashes between bicyclists and drivers involve alcohol use of either or both the cyclist and driver
• Approximately 1,000 bicyclists lose their lives each year.
• About 130,000 bicyclists are injured in accidents each year.

What Causes Bicycle Accidents in Cape Girardeau?

Like many other accidents that occur on the roads of Missouri, bicycle accidents usually happen due to someone’s negligence.

Some causes of bicycle accidents include:

• Distracted Driving: A distracted driver is prone to causing accidents. Anything that causes a driver to take their eyes or mind off the road and task if driving is considered a distraction. Examples of distracted driving can include:

• Texting and driving or talking on the phone are examples of distracted driving. These activities all take the driver’s eyes and concentration off the road and place them onto the activity that the driver is doing. It is difficult for a person to look at their phone, read a text and draft a response and drive safely. Even if a person has a hands-free option, using a cell phone while driving is still unsafe. The phone call can take your mind off the road and put other drivers and bicyclists at risk of harm.
• Disregard for Traffic Rules: Drivers and bicyclists who disregard traffic rules put other people who share the road at risk for danger. It is essential that everyone who uses the road follows the law and obeys traffic signs, signals, and lights.
• Poorly Maintained Roads: Some accidents happen due to poorly maintained roads. For example, an unexpected pothole can cause a flat tire. Snowy roads can cause a multi-car pileup. Cracks in the pavement can lead to a crash.
• Disregard for Bicyclists: Sometimes, due to the negligence of motorists, bicyclists suffer injuries on the road. Motorists may fail to see the bike lane, speed, or sideswipe the bicyclist. All of these mistakes by motorists can cause severe injury or death to a bicyclist.

Accidents are unpredictable but generally preventable. If you have suffered an injury in an accident, call our Cape Girardeau bicycle accident lawyers for help.

Our firm has over a century of experience helping accident victims across Missouri. We treat each case with the care and attention that it deserves. We have recovered millions of dollars in compensation for those who need it. You deserve to recover in peace, and we want to help you get there. Call us today, or visit us online to schedule a free consultation.

How Can a Lawyer Help Me With my Cape Girardeau Bicycle Accident?

After a person is hurt, they may not want to hire an attorney. The thought of scheduling a meeting, telling their story to a lawyer, and deciding who will get them the best results, overwhelms some accident victims. Although it may seem intimidating, it is wise for accident victims to hire counsel when they suffer an injury in an accident.

An experienced accident attorney can help a crash victim in the following ways:

• We know the Missouri procedural rules. It is crucial to have a complete understanding of the procedural rules to protect your rights. If you begin your civil action without a knowledge of these rules, you are vulnerable to negative consequences, including the dismissal of your claim.
• We can defend your rights at trial. We are not like other firms that may be filled with attorneys who only settle cases. At Cook, Barkett, Ponder, & Wolz, we are fighters and are not afraid to zealously advocate for you in a courtroom.
• We can negotiate on your behalf. After you are involved in an accident and choose to pursue your claim, you will go head-to-head with large insurance companies. The opposing insurance companies are not on your side. Their goal is to save the company as much money as they can, even if saving the company money means reducing your settlement amount. With the attorneys at Cook, Barkett, Ponder, & Wolz on your side, you can rest assured that you have the best advocates in the state working for you. We take the guesswork out of negotiations.

What If I Can’t Afford an Attorney?

A significant hold-up to pursuing their claims for many accident victims is the cost of an attorney. Many people want to sue the person or company that hurt them, but they think that they need lots of money for legal costs upfront. Fortunately, many personal injury attorneys work on a contingency fee basis.

A contingency fee agreement is a fee structure that allows a client to pursue their case and only pay legal fees if they settle. A contingency fee must be in writing and signed by the client and attorney. The terms of the agreement must also be clear to the attorney and client before any legal work begins. Attorneys usually charge one-third of the settlement amount as their legal fee plus any litigation costs. For example, if the case settles for $60,000, the attorney will charge $20,000 plus any litigation costs.

What Are Litigation Costs?

Litigation costs are the fees that are associated with filing and pursuing a lawsuit. An attorney and client should agree whether the attorney will prepay for the litigation costs and collect payment after the case settles or if the client paid for the costs themselves. If the client pays the litigation costs themselves as they come up in the case, they, of course, will not owe the litigation costs after the case settles.

Examples of litigation costs include:

• Printing, postage, and mailing
• Travel expenses
• Mediation fees
• Deposition transcript fees
• Costs of expert witnesses
• Cost of preparing exhibits

Common Injuries Associated with Bicycle Accidents

Every injury is unique. No one can predict how an injury will present itself, how long it will last, how severe it will be, or if the effects of the injury will be permanent.

No matter if the injury is minor or severe at the time of the accident, seek medical treatment for the injury.

You should also receive compensation for the injuries that you sustain. If you have suffered an injury after a bicyclist accident, call the experienced attorneys at Cook, Barkett, Ponder, & Wolz.

The following are common injuries that may result from bicyclist accidents:

• Scrapes, cuts, or lacerations
• Bruises
• Broken bones
• Paralysis
• Amputation
• Concussions/Traumatic Brain Injuries (TBIs)/ Other head injuries
• Death

Depending on the type of injury, you may require long-term and expensive care. One step on the road to recovery is hiring the right accident attorney that will ensure that you get the compensation that you need to fully recover. Call our team or visit us online today for a free consultation.

Do I Have a Good Case?

During your initial consultation, an experienced injury attorney will speak to you about the merits of your case. A bicycle accident, like other personal injury cases, is a negligence case. For a plaintiff to prove a negligence case, they must prove each of the four elements of a negligence claim.

The elements of negligence include:

• Duty: A duty exists between a plaintiff and defendant in certain circumstances and between certain relationships. For example, a store owner must keep their premises safe for customers.
• Breach: A breach of duty to the plaintiff occurs if the defendant fails to satisfy their duty. An example of a breach is if a store owner fails to ensure that there is a “Wet Floor” sign on a freshly mopped floor and a customer slips on the water.
• Cause: The defendant’s action or inaction must be the cause of the accident or harm to be liable for a negligence case.
• Damages: A plaintiff must prove that they sustained damages to be successful on their accident claim.

A plaintiff must prove each of the above elements to be successful in their accident claim. For example, if the plaintiff can prove that a duty exists between the plaintiff and defendant, that the defendant breached the duty, the breach was the cause of the accident but cannot prove damages, their claim will be unsuccessful.

An experienced accident attorney can help you know how to craft your case to maximize your chances of success. The attorneys at Cook, Barkett, Ponder, & Wolz have a combined 100 years of trial experience, and we are eager to use that experience to help you if you have been in a bicycle accident. Call us today, or visit us online to schedule a free consultation.

Do Big Insurance Companies Try to Avoid Paying Accident Claims?

The short answer is yes. In fact, it is an insurance adjuster’s job to tend to the insurance company’s bottom line. Insurance adjusters work to reduce the amount of money the company pays out in an accident.

Some tactics that the insurance company may deploy to help minimize the amount of money the company pays out may include:

• Slowing down the process. An insurance company may draw out the process to wear an unrepresented accident victim out and make them drop their claim.
• Offer a false sense of security. Insurance companies are notorious for lulling accident claimants into a false sense of security by acting like it is on their side after an accident. It is imperative to remember that the insurance company is not on your side. You need a lawyer of your own on your side.
• Hiring a private investigator. An insurance company may hire a private investigator to monitor your movements during the investigation to try and disprove your claims.

Contact a Cape Girardeau Bicycle Accident Lawyer Today

If you have suffered an injury in a bicycle accident in Missouri, call the attorneys at Cook, Barkett, Ponder, & Wolz today. We have over 100 years of combined trial experience and have spent that time working for accident victims across the state. We look forward to working with you, too. Call us at (573) 335-6651 or reach out to us online today for your free consultation.