Legal Overview of Bicycle Accidents
When cyclists collide with cars, they are likely to sustain a severe injury. After the accident, the cyclist or the driver may be found liable. The liable party will pay for any harm and property damage.
The laws of the state where the accident happens determine the liable party between a motorist and a cyclist. States and local authorities have traffic regulations and prerequisites for cyclists using their roads. You should contact a local accident attorney after a bike accident to know your options.
An Insight into Bicycle Accident Injuries
Data from the United States Department of Transportation shows that almost 39,000 bicyclists sustained injuries from traffic mishaps in 2020. 938 bicyclists lost their lives in the year.
Over one-third of the deaths were due to the intoxication of either party—the cyclist or the driver. Over 75 percent of deadly bicycle accidents happen in urban areas.
The United States Centers for Disease Control and Prevention shares some potent tips for minimizing the risk of harm and cyclist deaths. They include:
- Wearing fluorescent and reflective jackets before riding
- Appropriate lighting for nighttime riding
- Wearing a helmet
Typical Causes of Bicycle Mishaps
Data from the National Highway Traffic Safety Administration (NHTSA) reveals that distracted driving, lack of traffic awareness, drug or alcohol impairment, and disobedience to traffic laws are the typical causes of bicycle accidents.
Others include the absence of signage at intersections, lack of lighting, and lack of separation between cyclists and drivers on the road. These factors can turn an otherwise smooth ride into a sour adventure.
Identifying the Guilty Party in Bicycle Accident with a Vehicle
Both the motorist and the cyclist, or either party individually, may be liable in an accident. State negligence laws often determine culpability in motor vehicle accidents. All road users owe others a duty of care by behaving responsibly and adhering to traffic laws.
A driver may be responsible for your injuries if they breach traffic laws and cause a mishap. Other ways in which drivers’ negligence causes bike accidents include:
- Carelessly opening their car door and hitting a cyclist
- Abruptly making a turn in the cyclist’s path
- Not allowing cyclists to pass
When the Fault Lies on the Cyclist
Bicyclists must also adhere to all road regulations. You may be guilty if you were riding recklessly and caused an accident with a vehicle.
“Your state and local laws determine traffic laws for cyclists. However, in most jurisdictions, cyclists must adhere to the same rules as cars, including stopping at a red light or stop sign and allowing the right of way,” says personal injury attorney Mike A. D’Amico of D’Amico & Pettinicchi, LLC.
Furthermore, many jurisdictions have bicycle safety laws, including reflectors or bike lights when riding in the dark, specific durations cyclists can use the sidewalks, and helmet laws. It will be challenging to demand compensation from the other party if you breach traffic laws.
Pedestrian and Cyclist Mishaps
Some bicycle accidents involve collisions with pedestrians. These collisions are typical in areas with shared-use ways for walkers, cyclists, and runners.
Negligence rules also cover pedestrians. For instance, if a pedestrian steps into a cyclist’s path due to being distracted by their phone, they may be responsible for the resultant accident. A pedestrian should focus on the road instead of allowing distractions to overwhelm them.
The Nexus Between Bike Accidents and Bicycle or Helmet Defects
A defective helmet or bicycle part(s) can also cause bike accidents. The company that produced or sold the damaged bicycle parts may be responsible for any defect that led to your harm.
You can file a product liability claim if a defective tire, brake, or any other part causes your bicycle accident.
The Place of a Bike Accident Attorney
Quickly seek medical attention after sustaining injuries in a bike accident. Don’t underestimate your injuries, as some will not be evident immediately. Internal injuries can fester and present issues further down the line. Thus, always seek out medical intervention.
If the other party was responsible for the accident, consult a personal injury lawyer to discuss your legal options. Depending on the circumstances of the incident, you can recover damages for medical bills, pain and suffering, emotional distress, and lost wages.
The process can be highly challenging and overwhelming for a layperson. Resist the temptation to walk this slippery path unaided. Insurers may try to trick you into believing you do not need an attorney to solve the issue. If you fall for their manipulative antics, they will shortchange you.
However, a reputable local personal injury lawyer can protect you from needless troubles and help you recover maximum compensation.
Also Read: How to File a Successful Car Accident Claim: Key Steps
