Some common types of bicycle accidents include head-on collisions with motor vehicles, side-impact accidents, rear-end collisions, and single bicyclist accidents. Collisions can also happen when a motorist turns in front of a ride, sideswipes the biker, or opens their door in front of an oncoming rider (known as “dooring”).
These are only some of the many types of accidents between motor vehicles and bicycle riders. Whenever such an accident happens (or a rider is in a solo accident because of a motorist’s negligence), it is critical that the victim receives fair compensation for their damages. Hire a Augusta bicycle accident attorney to fight for the money you are entitled to.
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Common Types of Motorist Negligence That Cause Bicyclists Harm
Whenever a bicycle accident happens, the victim has to ask: Did a motorist cause this collision? They must ask this question because most accidents happen due to some mistake or failure by a motorist.
Some of the most common types of motorist-related negligence that can lead to bicycle accidents are:
Failing to Understand a Rider’s Right of Way
Motorists must understand the concept of “right of way,” which determines who has the right to proceed in any given circumstance. Bicyclists have a right to:
- Occupy the bicycle lane without a motor vehicle entering their path or striking them
- Cross the street at intersections governed by two or more stop signs
- Cross the street when they have the right of way at a traffic-light intersection
- Occupy the roadway even when no bike lane is present
Riders must also abide by right-of-way rules. That said, the stakes and potential consequences are far greater when a motor vehicle driver violates a bike rider’s right of way.
Engaging in Unsafe Driving Practices
If you’ve been in a motor vehicle, you know that drivers often engage in unsafe behavior. These behaviors endanger the general public but are especially hazardous to riders with little protection from motor vehicles.
Some of the most common types of dangerous driving include:
- Riding too close to others (including) bicycle riders
- Speeding, which arises time and again as the cause of traffic accidents
- Passing others, including riders, when it is unsafe (or even illegal) to do so
- Cutting off others, including bicycle riders
- Merging or veering into a lane occupied by someone else, including a rider
Motor vehicle operators have a duty of care to protect others through alert, cautious driving. They also have a responsibility to look out for bicyclists, who are smaller and more difficult to see than motor vehicles.
Failing to Check for Oncoming Riders
As part of the process of obtaining a driver’s license, trainees learn that walkers, joggers, and bicyclists are more difficult to see than motor vehicles. For this reason, it’s every driver’s responsibility to:
- Remind themselves that a rider may be on the road at any given time, including around a blind corner
- Mentally rehearse what they will do if they encounter a rider
- Respond quickly and appropriately if they encounter a rider
- Use headlights and any other safety-related features to reduce the likelihood of a bicycle accident
When motorists fail to take these steps, they may be more likely to hit a bike rider or cause the rider to lose control of the bicycle.
Being Distracted or Impaired
Nobody who drives a motor vehicle can multitask. Everyone who has obtained a driver’s license knows the dangers of:
- Using a cell phone while driving
- Engaging in distracting conversations while driving
- Consuming excessive amounts of alcohol before or while driving
- Taking prescription or illicit drugs before or while driving
- Allowing one’s emotions, including but not limited to rage, to affect one’s driving
More than half of fatal accidents involving bicyclists happen later in the day or at night when visibility is lower. At these times, motorists’ distraction or impairment can become all the more dangerous, as bicyclists may be especially difficult to see during nighttime hours.
Driving an Unsafe Vehicle
Vehicle defects can cause motorists to lose control of their vehicles, which may lead to a collision with bicyclists. Such defects can be the fault of:
- The vehicle owner, who has a duty to monitor and repair their vehicle as necessary
- The vehicle designer
- The vehicle assembler
- The vehicle seller
If a vehicle- or bike-related defect was a factor in your accident, our personal injury attorney will determine who is responsible for that defect. In many cases, neglect by a vehicle owner allows defects to emerge. In other cases, the vehicle or bike is dangerous due to design- or assembly-related failures.
Dangerous Roads Also Endanger Bike Riders (and Lead to Collisions)
Bikers are very vulnerable to road defects and related hazards, which include:
- Absent signs and signals: Traffic signs and signals are essential to direct the flow of bicycles and motor vehicles. When these signs and signals are not where they should be, bicyclists are often in danger.
- Defective signs and signals: If traffic signs have fallen or become damaged, they may no longer be useful. The same is true of traffic lights that lack power or are malfunctioning. When signs or signals are absent or malfunctioning, motorists and riders must use their judgment, increasing the likelihood of an accident.
- Blemishes in the roadway: When a riding or driving surface has cracks, potholes, or other blemishes, it poses a clear accident risk. A rider or driver may lose control because of such flaws in the road or swerve to avoid hitting such blemishes, causing an accident.
- Lack of a bike lane or sidewalk: Municipalities must take reasonable measures to protect bicyclists. Installing bike lanes and sidewalks throughout a city is a fairly basic means of protecting riders and reducing the likelihood of accidents.
- Lack of lighting: Lights help motorists see bicyclists and help bicyclists see and avoid potential hazards. If a city fails to install functional lights along the roadway, it may be liable for any resulting bike accidents.
- Unsafe work zones: When a work zone interferes with the bike lane, it poses a clear risk of an accident. Work zones can also cause debris in the roadway and contribute to accidents in other ways.
If your accident happened because of road conditions, defective signs or signals, or similar hazards, you may sue the municipality responsible for such hazards. However, personal injury lawsuits against municipalities often have shortened timelines, so do not wait to hire your bicycle accident attorney.
A Bicycle Accident Attorney Will Tell the Story of Your Accident Using Evidence
Once you hire a personal injury lawyer, they will immediately seek evidence supporting your claim or lawsuit. Because evidence can be lost, erased, or degraded, your lawyer will work quickly to obtain:
- Witness accounts: Eyewitnesses may support your account of the bicycle accident. Your lawyer can re-interview any witnesses whose testimony is incomplete or was not recorded by insurance companies or police officers.
- Expert testimony: Your bicycle accident lawyer can hire one or more experts who may testify about who caused your bike accident. An expert may also reconstruct your collision.
- Photographs: Photographs can help tell the story of a bicycle accident. Your attorney will collect and capture any pictures that improve your case’s likelihood of success.
- Video: Footage from traffic cameras and other sources may show how your accident happened.
- Any other relevant evidence: If any other accident is valuable to your case, your lawyer will collect it and skillfully incorporate it into your claim or lawsuit.
Bike riders are most likely to be injured when a motor vehicle hits them—obviously, because they don’t have a metal cage around them (as motor vehicle occupants do). It is important because it underscores motorists’ non-negotiable duty to protect bike riders at virtually any cost.
Your attorney will detail negligence by a motor vehicle driver or any other party whose actions or failures caused your collision.
Your Bike Accident Lawyer Will Also Perform Other Critical Duties—All in Pursuit of Your Financial Recovery
Building successful bike accident claims and lawsuits requires technical knowledge, persistence, and plenty of time. Your bicycle accident lawyer will have each of these requirements and will build your case by:
Obtaining Proof of Damages from the Bicycle Accident
You have suffered because of your bicycle accident. Your lawyer will explain exactly how you’ve suffered and may compose a vivid picture using the following:
- Photographs, MRIs, X-rays, and other images of your injuries
- Your doctors’ diagnoses and documentation of injuries and related symptoms
- Bills from healthcare providers
- Invoices for repairing or replacing your bicycle
- Evidence of lost income (which may include bank and employment records)
Your attorney may rely on invoices and expert testimony to detail your pain and suffering and mental health treatment costs.
Relying on Experts to Strengthen Your Case
Expect a motorist, insurance company, and any other at-fault party to fight your claim or lawsuit. Your lawyer may hire one or more experts so they can negotiate from a strong position, as experts may:
- Help explain who is at fault for your bicycle accident
- Explain and value your accident-related damages
- Reconstruct the collision
- Provide diagnoses and treatment recommendations for physical, psychological, and emotional injuries
Bicycle accident lawyers typically offer contingency fees. Rather than billing you for experts’ services and other expenses, your attorney will receive a percentage of any financial recovery they secure for you.
Negotiate Urgently for the Settlement You Deserve
Your lawyer will make settlement demands based on the following:
- Damages you have already experienced
- Damages you will face going forward
- Economic damages (those with a clear financial cost, like lost income and bike repairs)
- Non-economic damages (those without a clear financial cost, like pain and suffering)
Attorneys who account for all of these damages ensure—if they win for their client—that the client won’t pay any out-of-pocket costs related to the bicycle accident.
Lead Any Lawsuit You Choose to File
While most bicycle accident survivors secure compensation by settling, others win awards by going to trial. The first step toward a trial is filing a lawsuit.
Your attorney can negotiate a settlement after filing a lawsuit. They can also determine that liable parties will not offer the money you deserve, in which case they will initiate court proceedings. Expect your lawyer to have an in-depth discussion about such major developments, as you have the power to decide how your case unfolds.
Fight for You in Court, If Your Case Goes to Trial
If you decide to file a lawsuit and go to court, your lawyer will represent you in the legal process. They will complete pre-trial responsibilities, craft a personalized trial strategy, question witnesses, ask a jury for a fair award, and handle every other trial-related duty.
What to Do Once You Hire Your Bicycle Accident Attorney
Once you hire a lawyer, you should have the time you need to recover. Retaining a lawyer should simplify life significantly, as you won’t need to worry about any aspect of your claim or lawsuit.
As a client whose lawyer is fighting for the compensation you deserve, you should:
- Rest as necessary
- Receive the treatment your doctor recommends
- Answer your lawyer’s phone calls and other correspondence
- Follow your lawyer’s case-related advice
- Contact your attorney if you have any questions or concerns
When it comes to your case, allow your lawyer to do their job. They will protect your rights and update you regularly.
Damages You May Have After Your Bicycle Accident
Bicycle accidents often cause severe injuries due to riders’ lack of protection, and some common damages include:
- Medical bills
- Pain and suffering
- Mental health treatment
- Bicycle repairs
- The cost of replacing your bicycle
- Lost income
Deaths are a realistic outcome when a motorist hits a rider or a rider suffers a severe solo accident. 1,230 riders died in a recent year, and 853 of those riders were hit by a vehicle. If you lost a loved one from injuries they suffered in a bike accident, a wrongful death lawyer will seek justice for you and other affected loved ones.
Now Is the Time to Hire Your Bicycle Accident Attorney
Prioritize your search for a bicycle accident attorney. Your lawyer may need to file your case soon, so now is the time to find and hire the right personal injury lawyer in Augusta.