Especially since COVID, more people have been biking to work, for exercise, and for enjoyment. This is a positive trend. Unfortunately, more bicycles on and near the roads lead to more accidents with motor vehicles. Bicycle accidents are on the rise, and many are severe or fatal.

Drivers cause most bicycle accidents; you should understand your legal options if you suffer an injury. Never wait to consult a bicycle accident attorney about a possible case for compensation.

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Drivers Have A Duty Of Care To Cyclists

When it comes to bike accidents, drivers have duties they must abide by. Drivers are required to yield the right of way to bikers and pedestrians in many situations. Drivers also must provide enough space when passing bikers on the road and obey all traffic laws:

  • Yielding the right of way: Drivers must yield the right of way to bikers when crossing or approaching an intersection. They must also come to a full stop if a biker is entering the road from a bike path, driveway, parking lot, or alley.
  • Give space: When passing a biker on the road, motorists must give at least three feet between the car and the cyclist. It ensures that the biker has enough room to move safely. Also, passing too close to a biker at high speed is frightening and can cause the biker to crash.
  • Obey traffic laws: Like bikers, car drivers must follow all traffic laws when they share the road with cyclists. This means sticking to the speed limit, using headlights at dawn and dusk, and following traffic signs. Drivers should also use turn signals when they change lanes or turn.

Talk to a bicycle accident lawyer if you think a driver’s negligence or wrongful action caused your accident. They will review the accident and determine if another party was at fault.

National Bicycle Accident Statistics

There were 1,360 bicycle accident deaths in a recent year in the U.S., 928 of which were caused by motor vehicles. Bicyclist deaths are around 2.6 percent of all motor vehicle accident deaths each year.

Speak to a bicycle accident attorney if you or a loved one suffered an injury in a crash that wasn’t your fault. You can be entitled to compensation for medical bills, lost earnings, and pain and suffering.

How Do Bicycle Accidents Happen?

Bicycle crashes happen in many ways, but most are caused by driver error. Many drivers don’t pay enough attention to bikers and may cause severe or fatal accidents in these ways:

Distracted Driving

Distracted driving is a huge problem in the United States and causes thousands of accidents with bicycles annually. When distracted drivers take their eyes off the road, they have a high risk of hitting pedestrians and cyclists. Even a small car can weigh 2,500 pounds, so a collision with a bicycle can be catastrophic for the biker. Sadly, many cyclists are killed in severe collisions with distracted drivers.

A driver taking their eyes off the road for two seconds to read a text is all it may take to severely injure a biker. Drivers are also often distracted by the radio, GPS, eating and drinking, etc.

Not Looking For Bikers

Cars can cause much damage when hitting pedestrians and cyclists, so drivers must be aware of them when making turns. Pedestrians usually have the right of way at a crosswalk, but drivers may not look carefully when making turns that cross the crosswalk. All drivers should remember to look for bikers and cyclists on the roads, not just motor vehicles.

Left Turns

Drivers must always use caution when making left turns on the open road or in intersections. Traffic going straight usually has the right of way, so drivers must look carefully for oncoming traffic.

Unfortunately, bikes have a smaller profile than cars and trucks, and drivers may not be looking for cyclists. A driver turning left in front of an oncoming cyclist can cause a severe or fatal accident. The biker could slam into the car at 20 or 30 MPH, causing them to fly off the bike and crash into the car or ground.

Sideswipe Accidents

Many car drivers don’t offer enough space to bikers on the right side of the road. If they get too close, the driver can sideswipe the biker and cause a devastating accident. Drivers in most states must provide three feet between them and the biker.

Failure To Yield

Failure to yield to cyclists can occur in many situations. Most often, failure to yield to bikers occurs at intersections. The driver may not see the oncoming biker or misjudge the speed at which the cyclist is traveling. Failure to yield cycling accidents often happen because drivers run red or yellow lights.

Dooring

A dooring accident occurs when a driver opens the door when the car is parked, causing an oncoming biker to hit it. Dooring is illegal in most states, and the driver can be cited by the police and sued for damages in civil court.

Drunk Driving

Thousands of drunk driving accidents happen every year. Sadly, a drunk driving accident with a biker can cause severe or fatal injuries to the cyclist. Did a drunk or drugged driver hit you? Talk to a bicycle accident attorney immediately so they can obtain any police evidence that points to an intoxicated driver. Your attorney can obtain the police report, breath test results, and information about the roadside sobriety test the police gave the driver.

Why Should You Hire A Bicycle Accident Attorney?

A bicycle crash caused by a driver can cause devastating injuries that change your life. You can require months or years of recovery and medical treatment. When you hire a skilled bike accident attorney after a bicycle accident, you will benefit from a tenacious litigator who will handle your case. You’ll have the freedom to focus on your recovery.

Some of the essential benefits of hiring a bicycle accident lawyer to represent you are:

Investigate The Bicycle Accident

Receiving compensation in a bike accident claim requires proving that another person’s negligence caused the crash. Your bicycle accident attorney will attempt to prove that another party violated their duty of care and caused your injuries and resulting damages.

Proving negligence involves reviewing evidence and building a case to show how the other party caused the accident. Important evidence your attorney will review may include the police report, camera footage, accident scene images, eyewitness statements, vehicle black box data, cell phone records, physical evidence, and more.

A skilled attorney knows the evidence to look for and will be more able to access the evidence quickly and easily than a non-attorney.

Identify Ways To Receive Compensation

Insurance companies pay most settlements in car and bike accidents. A bicycle accident lawyer will look for applicable insurance policies that can pay your damages. Most car and bike accidents are covered by auto insurance, but there can be other insurance policies that pay for your damages.

Document Your Injuries

Obtaining maximum compensation requires documentation of your injuries and losses. Your attorney will consult with your doctors to understand your injuries and prognosis, which will be documented for the insurance company.

Negotiate With Insurance Adjusters

Most bicycle accident claims are paid with a settlement via the insurance company. Your car accident attorney will send a demand letter for settlement to the insurance company that reflects your lost earnings, medical bills, and pain and suffering. Then, they will negotiate for a fair settlement.

Go To Court, If Needed

If the insurance company doesn’t pay a fair settlement, your auto accident attorney will file a lawsuit and go to court. They will construct a persuasive case to present to the jury. However, only a few cases have ever seen the inside of a courtroom. Your attorney will inform you if the best course in your case is to take a settlement or go to court.

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What Compensation Can You Get In A Bike Accident Claim?

Depending on the case, you can receive the following damages in a bicycle accident claim:

Medical Bills

Medical expenses can be high after a severe cycling accident. You can have shattered bones, severe road rash, internal injuries, head injuries, soft tissue injuries, or a damaged spinal cord.

You may have tens or hundreds of thousands in medical bills. Your attorney will consult your doctors to fully document your current and future estimated medical expenses.

Lost Earnings

A serious bicycle accident injury can leave you unable to work during your recovery. You may be entitled to compensation for your lost salary or earnings until you can return to work.

Pain And Suffering

A serious bike accident usually causes painful injuries. Pain and suffering compensation can be substantial, but this type of damage is subjective. Your attorney will work with your doctor to document your injury and discomfort so you receive fair payment for pain and suffering from the injury and recovery.

Mental Anguish

Being seriously injured, such as a major back injury, can be mentally and emotionally devastating. Your body may never be the same, and you may be unable to do things you once took for granted. A bike accident lawyer will speak to your doctor and mental health professionals to understand how your injuries are affecting your mental state.

Loss Of Future Earnings

A severe injury can lead to permanent disability and being unable to work again. Your bike accident attorney will estimate your future earnings if you had worked a normal number of years.

Loss Of Enjoyment Of Life

Many cyclist accident victims have severe injuries that mean they cannot bike, run, or even walk anymore. They should receive fair compensation if they cannot do things they once enjoyed.

How Much Money In A Bicycle Accident Settlement?

Many states do not limit how much money you can get in a claim or lawsuit after a bike accident. But how much you get depends on the circumstances. There is no exact average settlement you can expect after a bike accident. Depending on their age, health, and other factors, different people can be affected more or less by the same injury.

When determining your potential compensation, a bicycle accident attorney will review the following factors for their settlement demand:

Medical Expenses

Severe injuries, such as a brain injury, will have much higher medical expenses than a bone fracture. Your attorney will demand more money if you have high current and future medical expenses. The attorney will document your medical needs after communicating with your medical team.

Lost Earnings

A severe cycling injury that prevents you from working will result in more money in a claim or lawsuit. You can not work for years or decades, so the settlement will be higher than if you lost only a week or two of work.

Pain And Suffering

Breaking several bones in your arms and legs in a serious bike accident can cause excruciating pain for months. You should receive more money for pain and suffering than if your injuries healed after a few weeks.

Age And Health

Younger people in good health tend to receive more compensation in bicycle accident claims than older people in poorer health. Younger injury victims have more work years ahead of them, so their lost income compensation for a serious injury can be higher.

Talk To A Bike Accident Lawyer Today

Did a driver hit and injure you on your bike? You should retain a bike accident attorney today to demand fair compensation for your injuries. An attorney will review your case and determine if another person’s negligence caused your injuries. Speak to a law firm in your area today for more information.

Your personal injury attorney is not paid by the hour. They are compensated with a contingency agreement, meaning they are paid a portion of your settlement or jury award. There are no upfront legal expenses to be worried about, and your attorney isn’t paid unless your claim is successful. You have no reason to delay in scheduling your free consultation now.

Schedule a Free Initial Consultation Today!