Bicycle Accidents: How a Lawyer Can Help You Seek Justice and Compensation
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While not having as severe of an impact as car accidents, bicycle accidents can result in serious injuries, expensive medical bills, lost wages, and emotional distress.
It can be all the more devastating to face the challenging aftermath of a bicycle accident when you realize it wasn’t your fault and that someone else’s negligence caused you harm.
If you've been involved in a bicycle accident due to someone else's mistake, you may be entitled to compensation to cover your expenses and even your pain and suffering. However, navigating the legal process on your own can be overwhelming, especially while you’re trying to recover from your injuries.
That’s where an experienced bicycle accident lawyer comes in.
In this comprehensive guide, we’ll explore the common causes of bicycle accidents, the types of injuries cyclists may suffer, the legal aspects of bicycle accident claims, and how an attorney at Morgan & Morgan can help you secure the compensation you need and deserve.
Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.
Bicycle Accidents: Who’s to Blame?
Other drivers on the road owe fellow cyclists a duty of care. In legal terms, duty of care means that drivers must operate their vehicles in a reasonably safe manner to avoid causing harm to others, including bicyclists.
Despite a cyclist's best efforts, accidents can and do happen—often due to someone else’s negligence. Negligence is used to determine fault in a bicycle accident. Negligence means that one or more parties failed to act with reasonable care which resulted in the accident and injury. Here are key aspects to consider:
Negligence and Liability
A driver is typically considered at fault if they violate traffic laws or act recklessly, such as:
- Failing to yield to a cyclist at an intersection.
- Speeding or aggressive driving in areas with bike lanes.
- Distracted driving, such as texting while driving.
- Driving under the influence, which severely impairs reaction time.
- Dooring accidents, where a driver opens their car door into a cyclist’s path.
Conversely, a cyclist can also be found partially or fully at fault if they:
- Run red lights or stop signs.
- Ride against traffic.
- Fail to use proper lights or signals at night.
Comparative and Contributory Negligence
Different states treat fault differently in how personal injury claims are resolved. In comparative negligence states, if a cyclist is partially at fault (not wearing reflective gear at night), their compensation may be reduced by their percentage of fault. In contributory negligence states, if a cyclist is even 1% at fault, they may be barred from recovering damages.
Motorist's Duty of Care to Cyclists
Under the law, drivers have a duty to:
- Yield to cyclists when required.
- Provide at least 3 feet of space when passing.
- Check for cyclists before opening car doors.
- Drive attentively and avoid distractions.
When to Contact Morgan & Morgan
If a bicycle accident results in serious injuries or disputes about fault, a personal injury lawyer can:
- Investigate the accident.
- Gather witness statements and video evidence.
- Negotiate with insurance companies.
- Prove the driver’s negligence in court if necessary.
What to Do After a Bicycle Accident
If you’re involved in a bicycle accident, take the following actions to ensure your safety and protect your rights:
- Seek Medical Attention: Even if your injuries seem minor, visit a doctor to rule out internal injuries or concussions.
- Call the Police: A police report will document the details of the accident and may be crucial for your case.
- Gather Evidence: Take photos of the accident scene, your injuries, and any damage to your bicycle.
- Collect Witness Information: If anyone saw the accident, get their contact details.
- Avoid Admitting Fault: Even a simple apology could be used against you in legal proceedings.
- Keep Medical Records: Document all medical treatments, expenses, and missed work due to the accident.
- Consult a Bicycle Accident Lawyer st Morgan & Morgan: An attorney can help you understand your rights and build a strong case for compensation.
Compensation Available in Bicycle Accident Cases
Victims of bicycle accidents may be entitled to various forms of compensation, including:
Economic Damages
- Medical bills (emergency care, surgery, rehabilitation, medications).
- Lost wages from missed work.
- Property damage (bicycle repairs or replacement).
Non-Economic Damages
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
Punitive Damages
In cases involving egregious negligence (such as a drunk driver), the court may award punitive damages to punish the at-fault party and deter similar behavior.
Common Causes of Bicycle Accidents
Bicycle accidents can occur for a variety of reasons, often involving negligent drivers or hazardous road conditions. Some of the most common causes include:
Distracted Driving
Drivers who are texting, talking on the phone, eating, or adjusting their GPS while driving may fail to see a bicyclist in their path, leading to collisions.
Dooring Accidents
A dooring accident occurs when a driver or passenger in a parked car opens their door without checking for approaching cyclists. This can cause a cyclist to crash into the door or swerve into traffic.
Failure to Yield
Many bicycle accidents happen when motorists fail to yield the right of way at intersections, crosswalks, and bike lanes.
Speeding
Drivers who exceed the speed limit have less time to react to cyclists, increasing the risk of serious collisions.
Driving Under the Influence
Impaired drivers have reduced reaction times and poor judgment, making them a significant hazard to cyclists.
Unsafe Lane Changes
Drivers who change lanes without checking their blind spots can inadvertently hit a bicyclist riding alongside them.
Poor Road Conditions
Potholes, debris, and uneven pavement can cause bicyclists to lose control and crash. In some cases, the city or municipality responsible for maintaining the roads may be liable.
Weather Conditions
Rain, fog, and poor visibility can make it harder for drivers to see cyclists and vice versa, increasing the likelihood of an accident.
Common Bicycle Accident Injuries
Because cyclists lack the protection of a vehicle, they are particularly vulnerable to severe injuries in the event of an accident. Some of the most common injuries include:
- Head Injuries: Concussions, skull fractures, and traumatic brain injuries (TBIs) can have long-term consequences.
- Broken Bones: Cyclists often suffer fractures in the arms, legs, ribs, and collarbone.
- Spinal Cord Injuries: Severe accidents can lead to paralysis or other permanent disabilities.
- Road Rash: When a cyclist is thrown from their bike, they may suffer abrasions and lacerations from sliding across pavement.
- Internal Injuries: Blunt force trauma can cause internal bleeding and organ damage.
- Facial Injuries: Broken teeth, jaw fractures, and eye injuries are common in bicycle accidents.
How a Bicycle Accident Lawyer Can Help
An experienced bicycle accident attorney at Morgan & Morgan plays a critical role in helping victims recover compensation for their injuries. Here’s how we can assist:
Investigating the Accident
A lawyer will conduct a thorough investigation by:
- Gathering police reports, witness statements, and surveillance footage.
- Consulting accident reconstruction experts if needed.
- Analyzing medical records to assess the extent of injuries.
Determining Liability
Establishing fault is crucial in a bicycle accident case. Your lawyer will work to prove that the other party’s negligence caused the accident. This may involve:
- Proving the driver violated traffic laws.
- Demonstrating hazardous road conditions.
- Holding municipalities accountable for poorly maintained roads.
Negotiating With Insurance Companies
Insurance companies often try to minimize payouts or deny claims altogether. A lawyer will negotiate on your behalf to ensure you receive fair compensation for:
- Medical expenses (current and future).
- Lost wages and reduced earning capacity.
- Pain and suffering.
- Bicycle repairs or replacement.
Filing a Lawsuit
If a fair settlement cannot be reached, your attorney can take your case to court and fight for your rights before a judge or jury.
Protecting You From Blame
Defendants often try to shift blame onto the cyclist. A lawyer will counter these tactics by presenting solid evidence and expert testimony.
Contact Morgan & Morgan for Your Bicycle Accident
Bicycle accidents can have devastating consequences, but you don’t have to navigate the legal process alone. A skilled bicycle accident attorney at Morgan & Morgan can help you gather evidence, negotiate with insurance companies, and secure the compensation you deserve.
For over 35 years, Morgan & Morgan has fought For the People and has recovered over $23 billion in the process. As the nation’s largest personal injury law firm with offices in every state, our army of over 1,000 trial-ready lawyers know the complexities and nuances of your local laws that pertain to your case, and we may have a lawyer near you who can help.
If you or a loved one has been injured in a bicycle accident, contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.
Injured? Getting the compensation you deserve starts here.
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