Bicycling is a popular mode of transcription and recreation, but it comes with inherent risks, particularly from road hazards. While many cyclists are vigilant about their surroundings, unforeseen dangers can lead to serious accidents.
Discuss your situation with a bicycle accident attorney if you’re involved in a bicycle accident caused by a road hazard. An Augusta bicycle accident lawyer will evaluate your case, guide your claim, and strive to secure the financial recovery you deserve.
Bike Accidents are Common and Dangerous
Riding a bicycle has many risks, and bicyclists experience collisions too frequently. In a recent year, over 41,000 bicyclists have suffered injuries in accidents. Over the last five years, the average for injury crashes involving bicycles is about 45,400 a year. The number of bike accident fatalities has only been steadily rising over the last few years.
While fun to ride, bicycles are dangerous. They provide cyclists no protection in the event of a collision, making it more likely for bike riders to suffer devastating injuries, including head injuries, back injuries, and broken bones. In the most serious situations, cyclists eventually succumb to their injuries.
How Road Hazards Cause Bicycle Accidents
Hazards make it much harder for everyone, from drivers to pedestrians, to navigate the roads. Hazardous hazards make it difficult for cyclists to stay upright and avoid falling or colliding with others.
Loss of Traction
Certain hazards, like gravel and wet leaves, can reduce bicycle tire traction. Without proper traction, bike riders have much less control over their bikes, making it harder to maneuver safely, especially when trying to turn or brake quickly. A loss of traction often results in sliding and skidding, increasing the chances of cyclists crashing.
Balance Disruption
Sudden road surface changes, like broken pavement, can significantly impact a rider’s balance. To safely ride a bike, riders must balance perfectly on two tires. Therefore, a disruption in the cyclist’s balance makes it more challenging to stay upright, leading to shakiness, a loss of control and falls or collisions.
Sudden Stopping
When cyclists are riding along, the last thing they expect is to make unexpected stops. However, when certain road conditions, like large debris, get in their way, they must make sudden stops in an effort to avoid running into whatever is on the road. This quick deceleration can cause cyclists to fall over their handlebars and into the road. In some cases, bike riders may not have enough time to stop, resulting in a collision with the road hazard ahead.
Road Conditions that Commonly Result in Bike Accidents
While road hazards can affect anyone, they more commonly impact bicycle riders, who are more vulnerable. Therefore, dangers on the road are more likely to result in collisions and extensive injuries.
Bicyclists can encounter various dangerous road conditions, but the following are some of the most common.
Potholes
A pothole is a hole or depression in a roadway caused by weather, poor road maintenance, and traffic wear. When the road surface deteriorates, it can create a hollow spot that is hazardous for vehicles and cyclists and can cause damage.
Potholes vary in size and location. Many times, cyclists do not see potholes coming until it’s too late. When a bike rider hits a pothole, it can easily cause them to go off-balance and lose control of their bicycle. Depending on the pothole’s depth, cyclists might fall into traffic or get stuck and thrown from their bikes.
Loose Gravel
Gravel is not usually a big deal for larger cars and trucks, as it doesn’t tend to disrupt the driving experience much due to larger tires. However, loose gravel on the road can affect bike tires, causing them to lose grip. Loss of traction can cause cyclists to lose control of the bike and fall off.
Debris
Debris is often present on roadways, especially after bad weather or when the road is not regularly maintained. Loose branches, rocks, and trash can obstruct a cyclist’s path. When bicyclists ride over these, they may lose traction and balance, leading to falls.
Additionally, glass and sharp objects regularly find their way onto roadways. These items can puncture tires, resulting in burst tires, which can be particularly dangerous at higher speeds or in traffic.
Sewer Grates
Sewer grates are necessary for proper water drainage. However, improperly designed grates or placed in inconvenient locations can impact bike riders.
Grates often have gaps large enough for bike tires to get trapped, causing cyclists to get thrown over their bicycles or into traffic. When grates are parallel to the direction cyclists travel, it can cause significant dangers for all riders, especially because they can be hard to see from a distance.
Inadequate Signage
If road hazards are not properly marked, cyclists may not have sufficient time to react. Effective signage can help alert cyclists to potential dangers ahead and avoid them.
Sometimes, signs are present but obscured by vegetation or other structures, making it difficult for cyclists to receive important warnings. Frequent road maintenance is necessary to ensure signage is available and visible.
Road Construction
Construction on and beside roadways is essential but can be dangerous for cyclists under many circumstances. Road construction zones may have unmarked hazards or debris, making it challenging for cyclists to navigate safely.
Additionally, detours may be available to avoid going through construction zones, but alternate routes may not be well-marked or safe for bike riders, leading them into risky situations.
Who’s Liable for a Bicycle Accident Caused by a Road Hazard?
Determining liability for a bicycle accident caused by a road hazard can be complex and often depends on several factors. Potentially liable parties include:
- Governmental entities: If the hazard was due to poor road maintenance, a city or state agency responsible for road upkeep might be liable.
- Construction companies: If a construction zone is poorly marked or maintained, the contractor may be held responsible for any accidents resulting from their negligence.
- Private property owners: When a road hazard is on private property (like a parking lot), the property owner may be at fault if they fail to maintain the area.
Additionally, other road users may play a part in your accident. For example, if a driver swerved to avoid a road hazard and caused your collision, they might share liability.
A bike accident attorney can thoroughly investigate your accident to determine what caused it and who is responsible. Knowing who is liable for your collision helps ensure you hold all parties accountable for their wrongdoing.
What To Do Following a Bicycle Accident
If you’ve been in a bicycle accident, it’s normal to feel stressed and overwhelmed, especially if you’re dealing with injuries. However, taking the right steps in the days and weeks following your collision can protect your legal rights and aid your future case.
Prioritize Your Health
Following a bicycle collision, seek medical attention. Even if you feel fine or you believe your injuries are “not that bad,” it’s important to get checked by a healthcare professional. Some injuries, like certain brain or internal injuries, may not be immediately apparent.
Additionally, be sure to follow medical advice. Adhere to any treatment plans or recommendations from your doctor. Doing so helps you on your healing journey and builds your medical records, which play a role in compensation claims.
Document the Incident
As soon as possible after your accident, record everything you remember about the collision, including the time, location, conditions, and how it happened. Memory tends to become unclear even just days after an incident, so it’s best to write everything down while it’s still fresh in your mind.
Photos are also helpful for your case. Even if you cannot take pictures at the scene, document your injuries and the condition of your bike.
Consult a Bicycle Accident Lawyer
Bike accident cases can be challenging to navigate alone. Having a knowledgeable attorney on your side can significantly impact your case and result.
Schedule a consultation with a local bicycle accident lawyer as soon as possible. During your consultation, your lawyer will ask questions about the accident, review any evidence and documentation you have, and provide their initial thoughts and opinions about your situation.
You’ll also have the opportunity to get to know the attorney and ask questions before hiring them to take on your case, which will make you feel more confident as you proceed.
Potential Compensation for Bike Accident Cases
Compensation for bicycle accident cases can vary based on the specifics of your case. Damages you may be entitled to receive for your collision include, but are not limited to:
- Past and future medical expenses: This includes costs for hospital stays, surgeries, rehabilitation, and any ongoing medical treatment. Additionally, you may incur expenses for medications, physical therapy, and follow-up appointments as part of your recovery.
- Property damage: The cost to repair or replace your bicycle and any other personal property damaged in the accident is also included. This may encompass expenses for gear, clothing, or accessories that were lost or destroyed during the incident.
- Lost earnings: If you missed work due to the accident, you can claim compensation for lost income, including future earning potential, if your injuries affect your ability to work in the short or long term.
- Pain and suffering: Compensation for physical pain, emotional distress, and reduced quality of life resulting from the collision and your injuries.
- Out-of-pocket expenses: include transportation to appointments, medical supplies, and any other related costs incurred due to your bike crash.
To determine the damages you can pursue, your bike accident attorney must review several factors that influence compensation, including:
- The severity of your injuries
- The total cost of medical treatment
- Whether you require ongoing medical care
- Whether you’ve had to take time away from work, and if so, the total of your lost earnings
- Whether your accident has affected you mentally and emotionally
- Any other economic or non-economic losses you’ve suffered as a result of your bike crash
Knowing how much your case is worth is a critical detail. Bike accident lawyers have the skill and resources to accurately calculate the value of your injuries and losses and get you the compensation you deserve. Without legal representation, you’re more likely to settle your case for much less, which can mean more financial burden in the future.
Legal Time Limits for Filing Your Claim
If you are interested in filing a claim and seeking financial recovery for your bike crash, you should remember to keep time restrictions in mind.
Every state has statute limitations for several cases, including bicycle accident claims. These laws limit the time you have to file your lawsuit in court. Depending on your state, you may only have a few years to file your claim. While this may seem like sufficient time, you should give yourself plenty of time to file insurance claims (if applicable) and effectively handle vital pre-lawsuit steps.
It is also worth noting that if your claim is against a governmental entity, statute limitations don’t normally apply. Claims against the government must typically be filed much quicker than other claims, and failing to file on time can result in losing your right to pursue compensation altogether.
Bicycle accident cases are unique and subject to different rules and procedures. Therefore, it’s essential to have strong legal representation to put yourself in a better position to reach a favorable outcome. A bicycle accident attorney can handle your claim promptly to avoid errors and missed deadlines and fight for fair compensation.
If a Road Hazard Caused Your Bike Accident, Speak with a Lawyer Right Away
Road hazards present significant dangers to cyclists and contribute to a substantial number of accidents each year. Understanding the nature of these hazards and your legal options can help ensure you get the financial recovery you need from responsible parties.
Do not wait to seek legal guidance if you’re hurt in a bicycle crash caused by a dangerous road condition. A knowledgeable Augusta personal injury attorney can take on your claim and do everything necessary to get you the best possible outcome.