Suffering an injury in any type of accident can leave you searching for answers and compensation for the harm you incurred. While many people have heard of compensation being sought after car accidents, truck accidents, motorcycle accidents, and other traffic crashes, bicycle accidents are one of the less-talked-about types of traffic accidents that result in injured victims seeking compensation. Like other accidents on the road, bike accidents can result in injuries of varying severity to those involved. Knowing more about bicycle accidents, the type of injuries that commonly result from them, and how to go about seeking compensation is important.
If you have been in a bicycle accident and are looking for answers about what to do next or guidance in pursuing a legal solution to the harm you have suffered, contacting an experienced personal injury lawyer should be your first move. Your injury can leave you with not only physical harm to recover from but also a growing financial burden from medical bills and lost income. With the help of the right attorney, you can build a strategy that can provide you with the opportunity to seek fair compensation for what you have gone through following your bicycle accident. Continue reading more below about how to handle the aftermath of a bicycle accident, what compensation may be available to you, and what a knowledgeable Murrieta bicycle accident attorney can do for you. Contact a bicycle accident lawyer today to schedule a consultation to discuss your situation.
Overview of Bicycle Accidents
With people’s lives growing more active and hectic, physical fitness growing in popularity, and roadways becoming more congested with various types of vehicles, bicycle accidents are an increasing concern in cities and other populated areas. Bike accidents often result in injuries that can range from relatively minor abrasions and cuts to more severe injuries like broken bones, spinal injuries, and head trauma. Many bike accidents involve collisions with cars or trucks on the road, often caused by negligence on the part of the drivers. Road hazards, defective bicycle parts, pedestrians, and other factors can also lead to accidents. Regardless of the cause, knowing more about the process of seeking compensation after a bike accident is crucial.
Common Causes of Bicycle Accidents
As with other types of traffic accidents, bicycle accidents can result from various factors. Some of the more common causes of bike accidents include:
- Driver Negligence: Distracted driving, speeding, or failing to yield to cyclists can cause accidents.
- Poor Road Conditions: Potholes, debris on the road, or uneven terrain can cause cyclists to lose control or crash.
- Defective Bicycle Parts: Failing brakes, blown tires, or broken bike frames can all cause sudden and potentially dangerous accidents.
- Inclement Weather: Rain, fog, or icy surfaces can reduce visibility or impair the bicycle’s ability to maintain traction on the road.
- Pedestrians & Other Cyclists: Lack of space or failure to follow traffic laws can lead to collisions and other types of accidents.
Many bicycle accidents can result in injuries or varying severity to cyclists and others involved in the crash.
Types of Injuries Commonly Sustained in Bicycle Accidents
As mentioned above, bicycle accidents often result in a wide variety of injuries, ranging from relatively minor injuries to deadly and life-altering. Some of the more common types of injuries cyclists suffer in bike accidents include:
- Bruises, Scrapes, & Cuts: Abrasions and other skin injuries from sliding on the road.
- Bone Fractures: Broken wrists, legs, and other broken bones.
- Spinal Cord Injuries: Striking vehicles, objects, or landing on the road can result in paralysis or nerve damage.
- Internal Injuries: Blunt force trauma to the body can result in internal bleeding or organ damage.
- Head Injuries: Concussions and other traumatic brain injuries (TBIs) are common among bicycle accident victims.
Extensive medical treatment, rehabilitation, or even lifelong specialized care may be necessary, making obtaining fair compensation even more important.
Liability in Bicycle Accidents
Bicycle accident claims, like other types of personal injury cases, depend greatly on determining liability and identifying the responsible party (or parties). This process can be complex, as various factors can contribute to an accident. Your lawyer will work diligently to examine your accident from every aspect to identify who was responsible for causing the crash, which may include more than one party. The sections below will explore the various parties that may be held liable for your accident and provide insight into how each may be at fault.
Negligent Drivers
Negligent drivers are one of the most common causes of bicycle accidents. Vehicle drivers who fail to follow traffic laws or fundamental rules for road safety can quickly become a danger to themselves and others on the roadway — including cyclists. Reckless driving, speeding, distracted driving, failing to yield to cyclists, or driving impaired can all lead to drivers being held legally liable for accidents. Drivers bear a legal responsibility to share the road with other vehicles and bicycles, making it necessary to prove negligence on their part to secure compensation in a bicycle accident case.
Governments & Municipalities
Government entities can potentially be liable for bicycle accidents if roads were improperly maintained and fell into disrepair, which contributed to the crash. Bicyclists rely on safe roadways to maintain control, but road hazards like potholes, uneven pavement, lane obstructions, and debris left on the road can lead to dangerous situations. Improper signage, broken traffic signals, and other factors can reduce safety for cyclists and lead to accidents. If a government entity or municipality fails to perform routine maintenance and repairs, it may be found to be responsible for the bicycle accident.
Bicycle Manufacturers
The company that made the bicycle that was in use at the time of the accident may be examined for liability if part of the bike failed and caused the crash. If a bicycle or its related components fail to perform or suffer catastrophic breakdowns while the bike is being ridden, the manufacturer may be found liable for design flaws, assembly errors, or faulty parts. The bicycle frame, brakes, tires, and other components may fall into this category. In such cases, victims will need to prove that the defect caused the accident and that the defect should have been discovered and addressed by the manufacturer beforehand.
Other Potentially Liable Parties
In some instances, other parties beyond vehicle drivers, bike manufacturers, and government entities may be at fault for bicycle accidents. Pedestrians who ignore right-of-way laws and step into bike lanes without looking may potentially be held responsible for causing a crash. Other cyclists who fail to follow traffic laws don’t allow enough space for other bikes or ride recklessly, creating situations in which accidents are more likely to happen. Business owners who leave hazards on their property or obstruct the paths of cyclists can cause accidents as well. Working with your personal injury attorney to identify these potentially liable parties is important in building a solid bicycle accident claim.
Potential Compensation Following a Bicycle Accident
Depending on the specifics of the accident and the injuries suffered, cyclists may seek different forms of compensation in a bicycle accident claim. Potential compensation following an accident may include money for:
- Medical Expenses: Hospital bills, rehabilitation, or ongoing medical care.
- Lost Income: Income lost due to an inability to work because of an injury.
- Lost Earning Capacity: For victims who are permanently unable to return to their jobs.
- Pain & Suffering: Physical, mental, and emotional trauma resulting from the accident.
- Property Damage: Repairs or replacement of the damaged bicycle.
Compensation — both economic and non-economic damages — can be helpful for victims to recover physically and financially after an accident.
Challenges in Bicycle Accident Claims
Victims of bicycle accidents seeking compensation can face several obstacles along the way. Insurance companies may question the severity of the injuries claimed or argue that the cyclist was at fault for the accident, which can reduce the amount of compensation offered. Proving negligence can be notoriously difficult, with evidence being a key element. Delays in processing claim paperwork, disputes made by other parties involved in the accident, and other challenges can also complicate the process, causing proceedings to take longer and become more stressful. Allowing your lawyer to take the lead will take the burden off your shoulders as you continue navigating your case.
Dealing with Insurance Companies
Interacting with insurance providers can run the gamut, with some companies being helpful and others actively making the claims process more challenging. Insurers are businesses, making it far more likely that they will prioritize the company’s bottom line and seek to minimize any payouts to claimants. Insurance companies often pressure accident victims to accept lowball offers or threaten to deny claims altogether. Detailed documentation of all evidence and interactions with insurers can be critical to this process. Let your lawyer handle all communications and negotiations with insurance companies to avoid pitfalls.
Proving Negligence
From a legal standpoint, proving negligence follows a specific series of steps. The elements of proving negligence on the part of the at-fault party include:
- Duty of Care: Establishing that the liable party owed the victim a duty of care to provide reasonable safety.
- Breach of Duty: Showing that the defendant breached their duty of care by negligence or wrongful actions.
- Causation: Demonstrating that the defendant’s breach of duty directly led to the bicycle accident.
- Damages: Proving that the accident resulted in physical and/or financial harm suffered by the victim.
Building a strong, detailed, and well-documented case is essential to pursuing a successful claim.
Timeline of the Legal Process
The overall timeline of a bicycle accident case can vary depending on the specific details of each unique situation. Different accident cases may involve greater degrees of complexity or face more opposition from the opposing parties. Your lawyer will help determine if settlement negotiations or seeking to go to trial will be a better option for your specific case. Ensuring your case is filed properly and all legal deadlines are met can help you avoid running into roadblocks or delays that have the potential to harm your chances of seeking compensation.
Why You Need a Personal Injury Lawyer
Finding a strong personal injury lawyer is the first important step following a bicycle accident. Without proper representation, you risk receiving less than what you need in compensation — or losing out on any compensation at all. Some of the key reasons to choose a personal injury attorney include:
- Negotiation experience
- Evidence gathering
- Knowledge of applicable laws and regulations
- Representation in a trial
- Support, guidance, and counsel
A legal professional brings valuable insight to your case and maximizes your chances of reaching the outcome and compensation amount you deserve.
Contact a Bicycle Accident Lawyer for Help
Christopher C. Walton, Murrieta Bicycle Accident Attorney
Being injured as a cyclist does not mean you have any less right to pursue compensation than people involved in car or truck accidents. The same principles of negligence, duty of care, and liability apply in bicycle accidents. Fortunately, strong legal representation is available to you when you work with a personal injury attorney who has experience in guiding injured people through bicycle accident claims. With legal representation advocating for you, you can have peace of mind and confidence that your rights will be protected and your best interests will always be a priority throughout every phase of the process.
If you have suffered an injury in a bicycle accident, you don’t have to feel discouraged about your chances of obtaining compensation. Just as with other types of crashes on the road, bicyclists have the right to seek legal resolutions to challenging situations that result from accidents. No matter how your bicycle accident happened or what type of injury you sustained, filing a personal injury claim can give you the chance to get the result you deserve. Don’t wait any longer or wonder what you should do next — take the first step right now and reach out to a Murrieta personal injury lawyer with experience in bicycle accidents. A successful claim can result in financial compensation to help pay your medical bills and cover the income you lost due to being unable to work. Schedule a consultation with a knowledgeable bicycle accident attorney today to discuss your case and learn more about your legal options.