Bicycle Accident Attorney

Need an attorney who will fight for the most money possible after your bicycle accident?

Bicycles are becoming more prevalent as an environmentally friendly alternative to cars. They’re a good way to stay healthy and exercise, and you don’t have to worry about gas or monthly loan payments.

But bicycle accidents do happen and can cause serious injuries, even fatalities. A bicycle doesn’t have any airbags or seat belts. It offers no protection around your person. So, if you get hit by a car, the result could be catastrophic. If you’ve been injured in a bicycle accident, you need to hire an experienced personal injury lawyer to make sure you receive full and fair compensation. Let’s take a closer look at bicycle accidents, including how an attorney could help you if you or a loved one sustained an injury from someone’s negligence.

Call My Rights Law’s Bike Accident Lawyer

Being injured in a bicycle accident is bad enough. But taking on the seemingly at-fault person without having an experienced personal injury lawyer on your side could make things worse for you. The skilled motor vehicle accident lawyers at My Rights Law have extensive expertise fighting for victims of bicycle accidents – we protect the injured cyclist’s rights. We will carefully investigate the facts of your case, find out who is potentially liable for your injuries, and aggressively pursue all remedies against them. If you are injured in a bicycle accident, then call (888) 702-8882 or contact us by filling out our secure web form to consult with one of our knowledgeable injury lawyers today.

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Bicycle Accidents

If you are in a bicycle accident, there are a couple of things you should do. First, call 911 so that they can dispatch the police and an ambulance to treat any injuries. Second, record everything you can. Take photos and/or video of the scene. Make sure you get the contact information of anyone involved in the accident and any potential witnesses. Write down what happened and make a note of any license plate numbers and insurance information. This will all be helpful later to a personal injury attorney trying to build your case.

Causes Of Bicycle Accidents

Accidents are unpredictable. But while we may not know when accidents will happen, we do know scenarios that make them more likely. Here are some of the most common causes of bicycle accidents:

  • Inattention: Just like distracted driving is one of the root causes of car accidents, it also causes bike accidents, whether the distracted person is the driver of the car or the cyclist. It’s not just about driving to work with the radio on anymore. Technology has completely changed the way we operate. You can stream music, send texts, read emails, and check social media, all on your phone. Our attentions are more divided than ever, and when someone is more focused on their phone than driving a car or steering a bike, accidents can happen.
  • Failure to follow the rules: All cities and states have their own rules for driving. When someone disobeys these rules by speeding, driving through a red light, or not stopping at the stop sign, accidents can happen.
  • Driving or cycling under the influence: If a driver or cyclist is under the influence of a controlled substance, an accident is more likely to happen because their judgment is compromised. Maybe they’ll forget to look for pedestrians at the crosswalk or fail to see a stop sign, which can lead to an accident.
  • Poor weather: Weather has a huge effect on the roadways. A storm can cause serious problems for drivers and cyclists, making a normally easy route a very dangerous one. For instance, the storm might cause poor visibility or mask potholes. Alternatively, if a driver is on a familiar route and fails to compensate for the weather, they might go too fast or not leave enough time for braking.

Rules For Cyclists

Drivers must take care to watch out for bicyclists. But cyclists also have their own rules to follow, which could include:

  1. Use bike lanes: While bike lanes are not always present, when they are, cyclists should always make use of them. That way, drivers know exactly where the cyclists are and can stay clear of them. Motorists are prohibited under the law from driving in bike lanes.
  2. Go with traffic: Bicycles must always go with the flow of traffic, not against it.
  3. Wear a helmet: Even if your state does not require it, wearing a helmet is a good safety practice for everyone.
  4. Do not cover your ears: Cyclists are typically prohibited from wearing headphones or earbuds in both ears. Cyclists need to be aware of their surroundings so that they can hear approaching cars and sirens, as well as other cyclists trying to pass.
  5. Meet equipment requirements: Cyclists generally need to have working brakes and handlebars. If you are riding your bike at night, you are also required to have lights and reflectors so that cars and other cyclists can see you.

Negligence

If you’ve been injured in a bicycle accident, you may be able to sue the person who injured you if you can show they were negligent. To do so, you must prove the following:

  • Duty: The person who caused the accident must have had some type of duty towards you. For bicycle accidents, the duty of the defendant (most likely it will be a driver) who harmed you was to operate their vehicle in a careful and reasonable way.
  • Breach: You must prove that the duty was breached. For example, if the driver was intoxicated, they broke their duty to operate their vehicle safely.
  • Cause: You must be able to show that the defendant’s breach of duty directly caused your injuries.
  • Injury: You need to show that you were, in fact, injured as a result of the defendant’s negligence.

Damages

If you’ve been injured in a bicycle accident due to someone else’s negligence, you can sue for compensation, called damages in law. There are two main types of damages: economic and non-economic damages.

Economic damages aim to restore the injured party to their economic situation before the accident. This includes:

  • Medical bills: You can get compensated for medical costs you incurred as a result of the accident. This includes doctors’ bills, emergency room visits, hospital stays, surgeries, blood tests, radiology tests, and any follow-up appointments. Any therapies are also recoverable, including any costs for physiotherapy, occupational therapy, counseling, and physiatrist sessions. Lastly, any home-care costs are included.
  • Lost wages: You probably took at least one day off work after the accident. Depending on how severe the accident was, you might be off work for a while – weeks, maybe months. Any income you lose due to your injuries is recoverable.
  • Loss of future earnings: Your accident might have injured you in such a way that you can no longer do your job. Perhaps you had to find a job in another field or a different department. Or perhaps you can still do your job, but you can no longer be promoted because your injuries would prevent you from carrying out the duties required. This loss of future earnings can be estimated by an expert and recovered as part of your damages.

Non-economic damages is compensation for other types of loss, including:

  • Pain and suffering: If you were injured in a bicycle accident, you probably were or are in pain, whether physical, mental, or both. You can receive compensation for any pain and suffering you incurred due to your injuries.
  • Loss of consortium: After the accident, you might not be able to do the things you used to, which may have affected your relationships. This loss of ability to give companionship, love, affection, and assistance to your spouse or domestic partner is also recoverable.

If a loved one was killed in a bicycle accident, you might be able to file a wrongful death suit. The following family members can bring a wrongful death suit:

  • Surviving spouse
  • Domestic partner
  • Children
  • Grandparents of deceased children
  • Parents

Comparative Fault System

Many states operate under a comparative fault system. This means that any money awarded to you will be reduced by the percentage of fault that can be attributed to you.

For example, suppose a woman was texting while riding her bicycle with one hand. A car sped through a red light and hit the woman. The court determines that the car running the red light contributed to 60 percent of the accident, while the other 40 percent was due to the woman texting while riding her bike. The woman can only recover 60 percent of her losses.

Time Period To Bring A Claim

Most often, you have a short period to bring a personal injury claim. If a loved one died in a bicycle accident, you could potentially bring a wrongful death claim. If you don’t file a lawsuit within your state’s required time period, your claim will most likely be barred. Your best option is to hire an experienced personal injury lawyer as soon as possible to make sure that you receive full and fair compensation.

Contact An Experienced Bicycle Accident Lawyer Today

When you hire a skilled personal injury attorney, you might get a better result. The bicycle crash lawyers at My Rights Law are dedicated to helping people injured by bicycle accidents receive the maximum compensation possible. If you or a family member is the victim of this type of accident, give us a call now for a free bicycle accident case evaluation. Most cases are handled on a contingency fee basis which means we don’t charge attorney’s fees unless we obtain monetary compensation for you and your family. Call (888) 702-8882 or leave a message on our secure web form today to find out more about how we can help you.