Bicycling is a popular, eco-friendly mode of transportation and a beloved recreational activity. However, cycling on the road comes with inherent risks, especially in urban environments where motorists and cyclists often share space.
Bicycle accidents can result in serious injuries, sometimes with life-altering consequences. If you are involved in a bicycle accident and someone hits you, you may wonder whether you can pursue legal action to obtain compensation for your injuries.
After a bike crash, discuss your situation with an auto accident lawyer. An attorney can review the details of your case to provide quality advice and determine your options to pursue justice and financial recovery.
How Do Bicycle Accidents Happen Most Often?
Even the most skilled and responsible bicycle riders can find themselves in a compromising situation due to another’s wrongdoing. Bike accidents can happen for various reasons, but some of the most common causes include:
Motorist Negligence
Hands down, one of the most common causes of bicycle accidents is driver negligence. Motorists may fail to see cyclists, especially in busy traffic, or disregard the cyclist’s right of way. Common examples of driver negligence include:
- Distracted driving: Drivers texting, talking on the phone, or otherwise distracted may fail to notice a cyclist in their path.
- Failure to yield: A motorist might fail to yield to a cyclist when turning left, running a stop sign, or entering a bike lane.
- Improper passing: Drivers may pass too closely to cyclists, leading to a side-swipe or forcing the cyclist off the road.
- Driving under the influence: Drunk or impaired driving is another serious cause of bicycle accidents, as impaired drivers have slowed reaction times and decreased awareness.
Drivers have a duty to drive responsibly to keep others on the road free from danger, including other drivers, pedestrians, and cyclists. When motorists fail to uphold this duty and engage in dangerous driving behaviors, they are more likely to cause serious accidents.
Poor Road Conditions
Hazardous road conditions can greatly contribute to accidents involving cyclists. These conditions might include:
- Potholes: Uneven pavement or potholes can cause cyclists to lose control, leading to crashes or falls.
- Debris on the road: Objects like fallen branches, gravel, or even oil slicks can make roads treacherous for cyclists.
- Inadequate bike lanes: The lack of proper bike lanes or bike lane infrastructure forces cyclists to share the road with motor vehicles, which increases the likelihood of accidents.
- Road construction zones: Construction zones with poor signage or obstructions in the road may not provide safe passage for cyclists.
Riding a bike requires plenty of skill and balance. Dangerous road conditions can easily cause riders to lose their balance and control over their bike, causing them to run into other vehicles or stationary objects.
Weather Conditions
Adverse weather conditions like rain, snow, or fog can significantly increase the risks associated with cycling. Wet or icy roads reduce tire traction, making it more difficult to maintain control. Reduced visibility can also make it harder for drivers to spot cyclists, increasing the risk of collisions.
Riding during poor weather conditions is difficult enough as it is, and driver negligence can further heighten the possibility of collisions. When motorists do not adjust their driving to conditions, they’re more likely to cause serious accidents with cyclists.
Injuries Frequently Resulting from Bicycle Crashes
Bicycle accidents can result in a wide range of injuries, many of which can be severe. Cyclists are particularly vulnerable because they have no protection besides helmets and clothing. The most common injuries in bicycle accidents include, but are not limited to:
Head Injuries
Head injuries are the most serious and life-threatening injuries cyclists can sustain. Concussions, skull fractures, and traumatic brain injuries (TBI) are common in high-impact collisions, particularly if the cyclist is thrown off the bike or struck in the head by a vehicle. Wearing a helmet is statistically shown to reduce the risk of severe head injury, but even so, helmets are not foolproof.
Fractures
Cyclists often suffer fractures, especially in the arms, wrists, legs, and collarbones, when they fall or are struck by a vehicle. Broken bones may require surgery and extensive rehabilitation and may leave long-term impairments.
Spinal Cord Injuries
Spinal cord injuries can result in partial or complete paralysis, depending on the location and severity of the injury. These types of injuries often result in lifelong disability and require costly medical treatments and assistive devices.
Road Rash
Road rash is a common injury in which the skin is scraped off when a cyclist falls onto the road. While this may seem less serious, road rash, like a burn, can be particularly painful and lead to infections and permanent scarring.
Internal Injuries
Cyclists who are hit by a vehicle may suffer internal injuries, including organ damage, bleeding, or broken ribs. Internal injuries are often complex to diagnose immediately but can be life-threatening if left untreated.
Who Can Be Liable for a Bicycle Accident?
After a bicycle accident, determining liability is vital in understanding your options for obtaining compensation. Depending on the cause of the accident, several parties can potentially be held liable, such as:
Motor Vehicle Drivers
If a negligent driver caused the accident, the driver can be held liable for the cyclist’s injuries. In this case, the cyclist would typically file a claim with the driver’s auto insurance or pursue a lawsuit to recover damages. It is the most common scenario when a cyclist is hit by a car.
Employers
In some cases, cyclists are hit by drivers who are on the clock at the time of the collision. A common example of this is a delivery driver.
When a bike rider is struck by an employee, the driver’s employer can share the responsibility under a theory of vicarious liability. It is often the case when the driver was operating under the scope of their employment and performing job-related tasks at the time of the crash.
Governments or Local Municipalities
If the accident was caused by poor road conditions, such as potholes, debris, or inadequate bike lanes, the local government or municipality responsible for road maintenance might be liable.
Suing a government entity is often more complicated due to sovereign immunity laws, which limit the ability to sue the government. However, in some cases, a government agency may be held responsible if they fail to maintain the road properly.
Other Cyclists or Pedestrians
In rare cases, other cyclists or pedestrians can be responsible for the accident. For example, if another cyclist swerved into your path or a pedestrian walked out in front of you, they may be liable for the collision.
Can You Sue Someone After a Bike Accident?
Generally, you can sue someone after a bicycle accident, provided you can prove that the other party was at fault and that their actions led to your injuries.
The process of suing for a bicycle accident typically involves filing a personal injury lawsuit. However, before you file a lawsuit, you should consider other potential avenues for compensation, such as insurance claims. A personal injury lawyer with experience handling bike accident cases can provide personalized guidance for your case.
Pursuing Compensation: Insurance Claims vs. Lawsuits
Seeking financial recovery after an accident is not a “one-size-fits-all” situation. Instead, it’s necessary to consider the specifics of the situation and parties involved. Your attorney can determine how best to pursue compensation based on certain details.
Insurance Claims
Often, the first step in seeking compensation for a bicycle accident is to file an insurance claim. If a motorist is at fault, their auto insurance policy may cover your damages, including medical expenses, property damage, and lost earnings. In cases where the driver is uninsured or underinsured, you can file a claim under your insurance policy (e.g., uninsured motorist coverage).
When you file your insurance claim, the insurance company reviews the details of the accident and the resulting injuries and damages. They decide whether to approve or deny the claim based on their investigation. If your claim is approved, the insurer will provide a settlement offer to close out your claim. Based on the offer, you may need to engage in settlement negotiations for a fair payout.
If you are able to settle your claim with the insurance company, there may not be a need to file a lawsuit.
Lawsuit
You can file a personal injury lawsuit when an insurance claim does not result in adequate compensation, or the at-fault party’s insurance company refuses to offer a fair settlement.
A lawsuit allows you to seek compensation for your present and future damages. Lawsuits also allow you to pursue non-economic damages often not covered by insurance claims, such as pain and suffering, mental anguish, and loss of enjoyment of life.
Many personal injury cases, like those involving bicycle accidents, settle outside court. Your attorney can engage in negotiations with the opposing party to try to settle your claim for a beneficial amount. If a fair settlement is impossible, your bike accident lawyer can take your case to trial and present it before a judge.
Damages You Can Sue For Following a Bicycle Crash
Your damages depend on the specifics of your case, including the severity of your injuries and the impacts on your daily life. When suing for a bicycle accident, you may be entitled to various types of damages, including:
Medical Expenses
This includes the cost of hospitalization, surgeries, physical therapy, medications, and other medical treatments necessary to recover from the accident. If your injuries are severe and require ongoing treatment and accommodations, you can also pursue compensation for future needs.
Lost Earnings
If your injuries prevent you from working, you can seek compensation for the income you lost as a result of the accident. In cases of long-term disability, compensation may include future lost earnings.
Property Damage
If your bicycle and other personal property were damaged in the accident, you can seek compensation for repairs or replacements.
Pain and Suffering
This compensates for the physical and emotional pain you experience due to your injuries. The severity of your pain and the impact on your quality of life will be taken into account when calculating pain and suffering damages.
Loss of Consortium
If the accident has affected your relationship with your spouse or children, you may be entitled to compensation for the loss of companionship, support, and intimacy.
How a Personal Injury Attorney Can Assist With Your Case
Navigating a bicycle accident claim can be complex, particularly if you are dealing with injuries and trying to recover physically and mentally. A bicycle accident attorney can help by:
- Thoroughly investigating your accident: Your bicycle accident attorney will gather evidence, interview witnesses, and reconstruct the accident to determine liability and strengthen your case.
- Negotiating on your behalf: Attorneys can handle the negotiations with insurance companies to ensure you are offered a fair settlement.
- Filing a lawsuit if necessary: When a legal claim is the best route, your bicycle accident lawyer will file a lawsuit, prepare legal documents, and represent you in court.
- Securing maximum compensation: Personal injury attorneys have experience determining the full extent of damages, ensuring you don’t settle for less than you’re entitled to.
Additionally, your lawyer can provide peace of mind during a challenging time. Having an attorney on your side can put you in a much more favorable position to get the financial recovery you deserve for your current and future needs.
After a Bike Accident, a Skilled Lawyer Can Explain Your Legal Rights and Options
If you are hit by a motorist or involved in a bicycle accident, you may have the right to pursue compensation, which may include a lawsuit. Your path will depend on the accident’s circumstances and the responsible parties. Whether through insurance or litigation, compensation can help adequately cover your expenses and losses.
A skilled personal injury attorney can be invaluable in helping you handle the legal process, ensuring you receive the compensation you deserve for your injuries. Their experience in this area allows them to assess the full extent of your damages, which can include medical expenses, rehabilitation costs, lost wages, pain and suffering, and much more.
