Bicycle Accident Lawyer

Did you suffer from a bicycle accident recently? You are not alone. Bicycle accidents are common across the United States. Many vehicle owners do not consider cycling to be a part of the public transport system. Hence, these vehicle owners do not adhere to the rules and make cyclists a victim of their carelessness. With less protection compared to cars, bicyclists can suffer from extensive injuries. Like other accidents involving automobiles, bicyclists are entitled to the damages they suffer due to the accident. Because some specialized laws and factors are considered in a bicycle accident, it is best to hire a bicycle accident attorney to handle your case.

Types of Bicycle Accidents

Because you share the road with other bicyclists and motorists, accidents are bound to happen. Some of the most common bicycle accidents that you or a person you may know could end up in are:

Collisions at Intersections

One of the most common types of accidents is the ones that occur at intersections. Accidents at intersections happen when either a bicyclist or a motorist fails to yield way to another party and end up colliding with each other. These types of accidents are highly likely when there are no traffic signals or signs in place. In cases where traffic signals are instated, collisions at intersections are a result of negligence from either bicyclists or motorists.

Right Hook

This type of accident happens when you are riding your bicycle on the right side of the motorist. Collision in these types of accidents occurs when the motorist turns to the right. A few ways a right hook accident can occur are:

  • When a car and cyclist are approaching the intersection, and the motorist turns right into the bike, cutting the cyclist
  • When a bicyclist tries to cross a slow-moving car, and the motorist takes a right
  • When a motorist and bicyclist are at a traffic signal, and a motorist tries to turn right, cutting a bicyclist

Door Prize

Also known as getting doored, this type of accident occurs when you are riding alongside a parked car, and someone opens a door right in your path. However, this does not involve colliding with vehicles but can cause serious injuries.

Common Causes of Bicycle Accidents

Some of the most common causes of bicycle accidents are:

  • Distracted driving
  • Driver fatigue
  • Speeding
  • Driving Under the Influence
  • Bicyclist or motorist not following traffic signals
  • Bicyclist riding against the traffic
  • Turning on intersections without looking
  • Reckless driving
  • Failure to yield way to a bicyclist or other traffic

Common Injuries in Bicycle Accidents

Because bicyclists do not have the level of protection that cars, trucks, and other four-wheeler drivers have, they are prone to sustaining more severe injuries. Some of the common injuries that a person may sustain when in a bicycle accident are:

  • Injuries to the head
  • Fractured teeth and bones
  • Joint dislocations
  • Muscle tear
  • Muscle strain
  • Road rash

These injuries can have a long-term impact on your life and can be life-altering and threatening. However, if the accident was caused due to someone else’s negligence, you are entitled to compensation for the damages and injuries you sustained due to the incident.

Who Can You Sue for Your Injuries?

Identifying who was responsible for your accident is the first step towards recovering your compensation. In most cases, the liability of paying damages and the responsible party behind the accident can fall on one of the following:

Bicycle Manufacturer

You may end up being in a bicycle accident when a part of your bike malfunctions. This can be due to the use of a faulty bike part or a flaw in the design. In such cases, you can demand compensation from the bicycle manufacturer.

Negligent Driver

More often than not, bicyclists are subject to reckless driving from motorists who fail to acknowledge their presence. In such instances, you can file a claim against the motorist whose negligent driving causes the accident and demand damages from them.

The State

There are chances you may trip over an improperly repaired pothole or end up colliding a vehicle at an intersection due to a lack of traffic signage. If that’s the case, you can hold the state or local administration accountable and demand compensation from them.

Determining Liability

The next step in recovering compensation for your damages is to prove the negligent actions of the party-at-fault were the reason why the accident occurred and caused the injuries.

Drivers and bicyclists across the United States have a legal duty to operate their vehicles safely for themselves and the other people on the road. So let’s take a closer look at each party’s legal obligations when on the road.

A Motorists Duty of Care

As mentioned above, a motorist has a legal duty of care towards other people on the road. Motorists are expected to operate their vehicles reasonably and safely to avoid injuring themselves and others. The scope of the duty of care includes staying aware of the surroundings and following traffic rules. If a motor vehicle driver behaves unreasonably and jeopardizes the safety of others, they are at fault and liable for paying the damages they cause.

A Cyclists Duty of Care

Like motorists, cyclists also have the legal duty of riding their bikes safely. As a cyclist you are expected to follow all traffic rules and be aware of your surroundings. If your behavior contributed to causing the accident in any way, you might lose out on a part or all of the compensation, although the motorist was responsible for the larger part. Some factors that can hurt your chances of recovering the damages are:

  • You were not wearing a helmet while driving your bicycle. While most states do not have helmet laws, insurance companies use this as an excuse to reduce the claim payout.
  • You were wearing headphones or earbuds while riding and got distracted due to them.
  • You ran a signal or failure to follow a traffic sign.
  • You did not take the required steps to ensure you were visible while riding your bike during the night.
  • You were riding your bike against the traffic.
  • You did not follow the rules of the road.

If you are proven to be guilty of any of the aforementioned actions, you are likely to lose out on some part of your compensation.

Why Hire a Bicycle Accident Attorney?

Hiring a bicycle accident lawyer will benefit you in the following ways:

  • When staking a bicycle accident compensation claim, you will have to deal with the motorist’s insurance company. Insurance companies aggressively try to settle cases and make lowball offers to begin with. A bicycle accident attorney will ensure you do not fall prey to these tactics and negotiate the settlement with your best interests in mind.
  • A bicycle accident lawyer will evaluate your case and help you understand the best legal options at your disposal.
  • With a bicycle injury attorney by your side, you will have a clearer picture of the compensation you deserve for your injuries.
  • Your bicycle injury lawyer will also obtain the required evidence by getting the required permissions and orders. This will help you build a strong case and improve the probability of you receiving fair compensation.
  • A bicycle accident attorney will represent you in case if your claim goes to trial. Because bicycle accident lawyers have deeper expertise over the matter, they know how and where to use legal tactics that will help maximize the compensation you receive.

Have you been injured in a bicycle accident recently or in the past? Fill in the form alongside and get your case evaluated for free. Then, post the evaluation if you qualify for compensation, we will help you find the best bicycle accident lawyer near you.