Bicycle accidents frequently cause serious injuries and even death. Liability in bicycle accidents, like other types of accidents, requires proof of negligence.
Finding fault in bicycle accidents can be tricky. To receive compensation from the other motorist or their insurance company, you must first prove negligence.
The following article we will take a look at some of the most common causes of bicycle accidents. We will also discuss some frequent injuries sustained in this type of incident.
We will explain ways to prove negligence. We will also see how the legal procedure, guided by a Bicycle Accident Lawyer, works in this type of case.
Common Reasons for Bicycle Accidents
In most bicycle accidents, the driver of the motor vehicle is at blame. Bikers are at the mercy of other drivers. They have nothing to defend themselves but a plastic helmet. Furthermore, it is impossible for the cyclist to avoid a car or SUV.
Some of the most common causes of bicycle accidents are:
- Driving too fast
- Drunk driving.
- Not cycling in the designated bicycle lane.
- Distracted driving.
- Cyclists ride into approaching cars.
While there may be cases where a cyclist is at fault or partially at fault, the majority of legal claims are filed against the driver of the motor vehicle. While this is the normal rule, your accident lawyer must still prove fault.
Common Bicycle Accident Injuries:
If you or a loved one were involved in a bicycle accident, you most certainly sustained severe injuries. Bicycle riders are particularly at risk because they have little protection from the collision.
Bicycle accidents commonly result in the following injuries:
Back injuries: Herniated discs and back sprains are common among bicycle accident victims. Depending on the severity of your back injury, you may require surgery and regular physical treatment.
Lacerations and contusions: Even in a modest bicycle crash, you are likely to suffer wounds and bruises. Fortunately, these injuries do not typically require considerable medical treatment.
whiplash: Any collision can result in whiplash. This injury develops when your neck is overstretched in any one direction. The good news is that whiplash cures within a few days or weeks. It does not generally result in lasting damage.
Traumatic brain injury: When cyclists experience a significant blow to the head, they may sustain a serious brain injury. Some victims with TBI never regain their normal lives.
Fractured bones: Bicyclists frequently suffer fractured bones. You might suffer a broken arm, leg, wrist, or ankle.
Spinal cord injuries: These are among the most serious injuries that can occur. Depending on where the damage is, you may become paralysed.
If you incur serious injuries, you may be entitled to considerable compensation. A spinal cord injury will result in greater compensation than whiplash or a broken bone. You may also be eligible for compensation for future medical expenses.
When submitting an insurance claim, you must include all medical expenses. In this way, you may show the insurance adjuster that you deserve the damages listed in your personal injury claim.
How Can a Bicycle Accident Lawyer Help Me?
The first thing you should do if you’ve been involved in a bicycle accident is to contact an experienced lawyer. (Even if your bicycle accident was fairly minor, it’s still advisable to consult an attorney.) There are many valuable services they’ll be able to provide, including:
- Proving Liability
- Helping to Defend You Against Liability Claims
- Dealing With Insurance Companies
- Proving Negligence
- Filing a Claim Against an At-Fault Individual
- Suing an at-Fault Individual
Proving Negligence
If you are involved in a bicycle accident, your attorney must prove that the person who was driving the motor vehicle that caused the accident. Your attorney must show that the other party was negligent. While state laws governing local traffic rules may differ, there are fundamental components that all plaintiffs must prove in order prove negligence.
To prove negligence, you have to demonstrate four things.
Duty of care: You must establish that the other motorist owes you a duty of care. Regardless of the vehicle they are driving, all drivers have a special duty of care to other motorists.
Breach of duty: Your bicycle accident attorney must demonstrate that the other driver violated the duty of care. There are many methods by which you can achieve this.
The simplest way to accomplish this is to establish that the defendant violated a local traffic law. For example, showing that the other motorist was speeding during the accident would be considered a breach of duty.
Causation: Your personal injury attorney must show that the defendant’s breach resulted in your injuries. If the driver can prove that something other than the accident caused your injuries, they will not be held accountable for damages. This holds even in no-fault states.
Damages: Your personal injury lawyer must provide evidence that you experienced damages. Typically, you must show that you were physically hurt. You may also sue for property damage.
You have no grounds to sue if you did not incur a loss. Given the value of most bicycles, suing someone only for property damage makes little sense. Most cases contain a demand for medical costs.
What if the Cyclist was partially at fault?
Depending on the circumstances of your case, the other driver’s insurance company may claim that you caused the accident. It can be difficult to believe this is the reality.
After all, vehicles, trucks, and SUVs are more likely to collide with cyclists than vice versa.
There are situations, however, when the other driver has evidence that you were partially to blame. Your personal injury lawyer will work hard to prove this is false.
Remember that if the court considers you partially at fault, it will have an influence on your claim.
If you were partially at fault, you may still be able to claim damages, depending on your state’s rules. Some states, such as New York, Florida, and Georgia, enable plaintiffs to recover damages even if they were partially to blame. In these and most other states, your damages are reduced based on your proportion of fault.
Other states prohibit you from receiving damages, even if you were 1% at blame. You must communicate openly and honestly with your accident lawyer. They need to find out if you were partially at fault from the beginning.
How Can You Be Held Liable for a Bicycle Accident?
You may be wondering how cyclists can be held partially accountable. In certain circumstances, the court may deem this to be the case.
Cyclists must observe the same road regulations as other vehicles. For example, if you’re riding your bike, you must still observe the other driver’s right-of-way. Cyclists are also expected to stop at red lights, regardless of the level of traffic.
The insurance companies will assess whether the biker employed the correct hand signals before to the collision. As with all motor vehicle incidents, both parties have a duty of care to each other. Your claim may be dismissed if you fail to fulfill your duty of care.
Some circumstances where the biker may be considered partially accountable are those in which:
- Rode through a junction when the light was red.
- Not cycling in the designated bike lane.
- Failed to respect the right-of-way
- Riding against the flow of traffic
In any of these instances, you may not be eligible for insurance coverage. This is why you should consider hiring an attorney to assist you with your personal injury case.
What to do if you are injured in a bicycle accident.
If you or a family member is injured in a bicycle accident, you need take specific actions. You need to safeguard both your health and your legal rights.
After your accident, you should follow these steps:
Call 911 immediately: If possible, contact the police. The police will respond to the accident location and conduct a thorough investigation. They will authenticate the other driver’s contact details and determine whether they are under the influence of drugs or alcohol.
They will also speak with eyewitnesses to assist determine what happened. The police officers will compile their findings in a report. The police report will be important to prove your case.
Seek Medical Attention: One common mistake made by accident victims is refusing medical attention at the scene. It is advisable to go to the hospital where a doctor will examine you. The emergency department physicians will perform the required diagnostic procedures to identify the nature and severity of your injuries. They will also note your injuries in your medical records.
Your personal injury attorney will require documentation of your injuries in order to seek compensation for medical expenditures and pain and suffering. Your medical records will provide the most reliable proof available.
File a claim with your insurance company: If you are riding your bike, your sole choice is to file a claim with the other driver’s insurance provider. If your claim is approved, you should get a payment within a week or two. If your insurance company dismisses your claim, you should immediately contact an expert bicycle accident attorney.
Consult a bicycle accident lawyer: If you want to increase your chances of getting your claim approved. They will ensure that your insurance claim is properly handled from the very beginning. They will also discuss a deal with the insurance adjuster.
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