Riding a bicycle can give you a fun, healthy, and environmentally friendly way to get around. But cyclists face real risks when sharing the road with cars, trucks, and other vehicles. Bicycle accidents happen far too often and can result in serious injuries that affect your life.
If you or a loved one has suffered an injury in a bicycle crash, you can talk to an experienced bicycle accident lawyer immediately to understand your rights and options.
Bicycle Accidents Involving Cars
One of the most common and dangerous types of bicycle accidents is getting hit by a car. These collisions frequently occur at intersections when a driver fails to yield the right of way to a cyclist.
A car turning right might not see a bike approaching from behind and cut them off. Or a car turning left can strike a cyclist riding straight through the intersection. Distracted driving, running stop signs/red lights, and not checking blind spots before turning or changing lanes are leading causes of cars hitting bicyclists.
Cyclists can suffer devastating injuries when struck by a multi-ton vehicle, even at relatively low speeds. Broken bones, spinal cord damage, traumatic brain injuries, road rash, and internal bleeding are not uncommon. Medical bills can pile up quickly, and the cyclist cannot work during a lengthy recovery.
Contacting a skilled bicycle accident attorney is the best way to pursue compensation for these losses from the driver's insurance company.
Getting Doored on a Bicycle
Another way cyclists frequently get hurt is by riding into a suddenly opened car door. This tends to happen in urban areas where cyclists pass a row of parallel parked cars.
A driver or passenger might fling their door open directly in the path of an oncoming bicycle without checking first. The cyclist has little time to react before slamming into the door and getting thrown from their bike.
In most states, people in vehicles must check for passing bikes and traffic before opening their doors. You can hold them liable for your injuries when they neglect this responsibility and cause a dooring accident.
This can include medical expenses, lost income from missed work, damaged bike repair/replacement, pain and suffering, and other costs.
A bicycle accident lawyer will know how to deal with the insurance companies involved and fight for the financial recovery you need to get back on your feet.
Unsafe Road Conditions for Cyclists
Bicyclists can also get seriously injured without a vehicle directly involved. Hazardous road conditions are a major threat to rider safety. Potholes, large cracks, uneven pavement, loose gravel, and other defects can cause cyclists to lose control and crash, especially at high speeds.
Construction zones and road work areas with unmarked pavement drop-offs are notorious for bicycle accidents.
In these cases, the cyclist may have a claim against the government agency or construction company responsible for road design, maintenance, and repairs. These entities are responsible for keeping roads in a reasonably safe condition for cyclists and providing adequate warnings of any hazards. If they fail in this duty, you can hold them accountable for a rider's injuries and losses.
Bicycle-Pedestrian Collisions
Pedestrians and bicyclists can collide with each other, just like cars. This can happen when cyclists ride on crowded sidewalks and paths or don't obey signs requiring them to yield to people on foot.
You can also hold pedestrians at fault for suddenly stepping off a curb into a bike lane or not looking before crossing your path. Both cyclists and pedestrians can sustain quite serious injuries when they collide, including broken bones, head trauma, neck and back injuries.
How Can a Bicycle Accident Lawyer Help You?
If you've suffered an injury in any bicycle crash, consulting an experienced bicycle accident attorney should be your first step toward justice and financial recovery.
Insurance companies will try to minimize their payout. You need a strong advocate who understands the laws and what it takes to win your case.
Here are just some of the many ways a skilled bicycle accident lawyer can help after a crash:
Investigating Your Accident
One of the most important services a bicycle accident lawyer provides is thoroughly investigating your crash to understand what happened. This process involves multiple steps and can be extensive, depending on the circumstances.
First, your lawyer will typically visit the accident scene as soon as possible to examine the area, take photographs, and look for any remaining evidence, like skid marks, debris, or traffic signal damage.
If any nearby security cameras or businesses might have captured the accident on video, your lawyer will work to quickly obtain that footage before it gets erased.
Next, your lawyer and their team will identify and interview any eyewitnesses who saw the bicycle accident occur. Witness statements can provide valuable information about how the crash unfolded, the parties involved, and who was at fault. It's important to talk to witnesses right away while the event is still fresh in their minds.
Your lawyer will also analyze your medical records and documents related to your injuries. This involves ambulance call reports, emergency room files, imaging scans, surgical notes, medications, physical therapy sessions, and other records of your diagnosis, treatment, and prognosis.
Medical evidence can illustrate the severity of your injuries and determine damages.
Your lawyer may hire a professional in bicycle accident reconstruction to get an even clearer picture of how the accident occurred and who is liable.
These specialists have training in physics, engineering, and biomechanics to simulate how a crash likely happened based on evidence like riding speeds, road conditions, vehicle damage, and cyclist injuries. Their professional testimony can be pivotal in proving your claims.
Proving Liability
Even when liability for a bicycle accident may seem obvious, receiving fair compensation for your injuries is essential. Defendants and insurers will rarely admit fault voluntarily - you need to build a strong case to show they were negligent and are legally responsible for your damages.
A bicycle accident attorney knows the most convincing types of evidence to establish liability and prove your right to financial recovery. Depending on the unique facts of your case, this can involve many elements.
Citing state and local traffic laws is often central to proving the defendant violated their duty to drive safely and share the road responsibly with cyclists. Your lawyer may point to statutes related to rights-of-way, speed limits, signaling turns, bike lanes, safe passing distances, and other rules to show the driver was breaking the law and was at fault.
Photographs and videos from the accident scene can offer concrete evidence of liability, such as images of the driver's car in the bike lane, the cyclist's mangled bike, or the absence of required reflectors or lights.
Footage from traffic light cameras, business surveillance systems, or witness cell phones can be especially powerful proof of fault.
When the at-fault driver was distracted during the bicycle accident, your lawyer may obtain their cell phone records to demonstrate they were texting, watching videos, or otherwise not paying attention to the road.
Documenting Your Damages
Proving the other party is liable for your bicycle accident is an important step, but it's only one piece of your claim. You also need strong documentation of all the ways the crash and your injuries have impacted your life physically, emotionally, and financially. Otherwise, the insurance company will not pay the full compensation you deserve.
A good bicycle accident lawyer will work closely with you to gather extensive evidence of your damages.
This starts with your medical expenses related to the accident, including bills, invoices, and receipts for:
- Ambulance transportation
- Emergency room treatment
- Hospital stays and surgeries
- Doctor visits and focused care
- Diagnostic imaging like X-rays and MRIs
- Prescription and over-the-counter medications
- Medical devices and equipment
- Physical therapy and rehabilitation services
- Counseling and mental health treatment
- In-home medical assistance
Your attorney will also assemble records and documents showing your lost income from missing work due to the bicycle accident. This can include pay stubs, tax returns, contracts, bonuses, and statements from your employer.
If your injuries prevent you from returning to your previous job, professional vocational testimony can establish your lost earning capacity over your lifetime.
Proving non-economic damages like pain and suffering is more challenging, but an experienced lawyer will know what evidence carries weight. This may involve your written journals describing your physical pain, emotional anguish, and inability to enjoy hobbies and activities.
Statements from family and friends can attest to your diminished quality of life and relationships. Photos and videos can illustrate your daily challenges and hardships since the accident.
Negotiating With Insurers
Bicycle accident victims can be certain of one thing when dealing with insurance companies after a crash - insurers are not on your side, no matter what their friendly adjusters claim. Insurance companies are for-profit businesses aiming to protect their bottom line. Every dollar they pay you in compensation is a dollar less in profits.
That's why having a bicycle accident lawyer in your corner is so important to handle negotiations with insurers. Your lawyer will have experience with insurance adjusters' exact tactics to minimize, delay, and deny valid claims. They won't let insurers take advantage of you when you suffer an injury, are stressed, and are vulnerable.
Your lawyer will gather all the evidence proving the other party's liability and document your damages to create a strong demand package. The demand will outline the facts of the accident, your injuries, and the total compensation you're requesting for each category of damages. This sets the stage for negotiations with the insurance company.
Insurers rarely agree to a fair settlement right away. They typically respond with a "lowball" counteroffer that comes nowhere close to covering your losses. Your lawyer will go back and forth with multiple rounds of aggressive negotiation supported by evidence. They'll stand firm, break deadlocks, and advise you of your options at each stage.
If the insurance company refuses to make a satisfactory offer despite your lawyer's best efforts, you may need to sue. Your bicycle accident lawyer will proceed to litigation and prepare to fight for your rights in the courtroom. Sometimes, this is what it takes for insurers to finally reach the table with an appropriate settlement.
Taking Your Case to Court
While most bicycle accident claims eventually get resolved through settlement negotiations, they often don’t require a courtroom visit, which is impossible. When an insurance company does not make an adequate offer, and your lawyer believes you can win at trial, taking your case to court may be the only way to get the compensation you deserve.
Filing a bicycle accident lawsuit starts a formal legal process where the ultimate decision will be in the hands of a judge and jury. It begins with your lawyer drafting and filing an initial complaint that describes your allegations against the defendant and the damages you've suffered. The defendant will file a response, and the case will move into discovery.
During discovery, your lawyer and the defendant's legal team exchange evidence and information about the claims and defenses on each side. This includes written interrogatories, depositions under oath, requests for documents, and medical examinations.
Discovery can take months as your lawyer works to strengthen your case and identify weaknesses in the defendant's arguments.
Next comes a series of hearings where the judge rules on various procedural and evidentiary issues. As the trial date approaches, your lawyer will dive into preparing your case for the jury.
You can expect them to spend long hours:
- Analyzing discovery materials and legal research
- Developing trial strategy and arguments
- Drafting opening and closing statements
- Creating visual aids and exhibits for the jury
- Preparing questions for friendly and hostile witnesses
- Conducting additional depositions
- Filing and arguing pretrial motions
- Participating in settlement conferences and mediations
- Doing practice run-throughs of the trial
At trial, your lawyer will advocate fiercely on your behalf, presenting evidence, questioning witnesses, making objections, and persuading the jury that the defendant is liable and you're entitled to full compensation under the law.
Contact a Bicycle Accident Lawyer
The most important thing you can do after any bicycle accident is to consult a reputable bicycle accident lawyer in your area. Bicycle accident cases are highly complex and involve specific laws, fact patterns, and insurance rules.
During your initial consultation, an experienced bicycle accident lawyer will listen to your story, ask important questions, explain the legal process, and lay out potential options for pursuing compensation. Most of these consultations are free, and you typically won't owe any legal fees unless/until your lawyer secures a financial recovery.
You have nothing to lose and potentially a lot to gain by talking to a skilled personal injury lawyer about your case. The sooner you reach out, the sooner you can start on the path to justice and get the resources you need to move forward after a devastating bicycle crash upends your life.