Cycling offers a sense of freedom, efficiency, and connection to the environment that’s unmatched by other modes of transportation. However, sharing the road with larger vehicles has its risks, and if you’ve been hit while riding, the experience can be painful and financially stressful.
Fortunately, you do have options. You can take legal action to hold the responsible party accountable for the harm they caused. Here’s everything you need to know about suing someone for hitting you on a bike, the legal steps involved, and how a bike accident lawyer can obtain every dollar you have coming.
As a cyclist, you have the same rights on the road as any other driver. Traffic laws don’t just apply to cars, motorcycles, and trucks; they also extend to bicycles. You have the right to pursue justice if you were hit by a car, truck, or any other vehicle. Bike accident attorneys understand how these rights apply to your situation and can identify all the potential options for a successful case.
Determining who’s responsible is essential for building a strong case when you’re involved in a cycling accident. Liability defines who should be held accountable for your injuries and damages, and often, the driver who collided with you bears responsibility.
However, assessing liability isn’t always straightforward. A thorough review of all potential factors can help ensure that the right parties are held accountable. Here’s a closer look at who may be liable for your cycling accident and how a bike accident lawyer can help assess the causes.
In most bicycle accidents, the driver is primarily responsible, especially if they violated traffic laws or drove recklessly. Several common driver behaviors can place them at fault, including:
While drivers are often the primary cause of cycling accidents, other factors can also play a role. A thorough assessment of these contributing elements can help your lawyer build a comprehensive case.
Hazardous road conditions are a common issue for cyclists, as even minor imperfections can lead to loss of control and accidents. Potholes, uneven surfaces, or broken pavement can be dangerous, especially if the local government or property owner failed to maintain the road properly. You may have a case against the responsible municipality or property owner if poorly maintained roads contributed to your accident.
Sometimes, an accident isn’t solely the result of driver behavior but rather an issue with your bike. A defective bicycle part, like a faulty brake or a broken chain, can cause you to lose control and lead to an accident. In these cases, the manufacturer, distributor, or retailer of the bike or bike parts might be partially liable. A bicycle accident lawyer can investigate whether a defect played a role and hold the appropriate parties accountable.
Weather can also impact liability in an accident. Rain, fog, or ice can reduce visibility or make roads slippery, increasing the chances of a collision. While drivers are expected to adjust their driving behavior to weather conditions, they may face liability if they fail to do so. Your attorney can review the weather at the time of the accident and how it may have contributed to the incident.
When you’re hit on a bike, you may experience significant physical, emotional, and financial tolls. In a lawsuit, the compensation you seek is often referred to as “damages,” which can include tangible and intangible losses. Here’s a breakdown of the damages you may be eligible to pursue:
The cost of medical care can be overwhelming, especially if you need surgeries, physical therapy, or specialized treatments. Medical expenses cover immediate treatment, ongoing medical care, future procedures, and any necessary rehabilitation.
If your injuries prevent you from working, you can seek compensation for lost income. For more severe injuries that affect your ability to work long-term, you may also be eligible for loss of earning capacity, which accounts for the income you would have earned had the accident not occurred.
Pain and suffering damages account for the physical discomfort and emotional trauma resulting from the accident. These damages are less concrete than medical bills or lost income, but they’re just as important in addressing the full scope of your suffering.
Bicycles, gear, and other personal belongings can suffer serious damage in an accident. You can seek compensation to repair or replace these items as part of your claim.
Severe injuries can take away your ability to enjoy your life as you once did. This can mean giving up hobbies, outdoor activities, or time with family. A bike accident lawyer can help quantify this loss and include it in your claim.
As a cyclist, you encounter unique physical and legal challenges on the road. Unlike car drivers, you’re more vulnerable to severe injuries, and you lack the protection of a vehicle frame. Legally, cyclists often deal with biases impacting how their cases are perceived and resolved. Here’s how these challenges may affect your claim and how an attorney can help ensure fair treatment.
Many people view cyclists as unpredictable or even reckless, which can lead to unfair assumptions about fault in accident cases. This bias may come from drivers, insurance companies, or even juries, and it can create obstacles in proving your right to compensation.
An attorney can address these biases by presenting clear evidence – such as witness statements, traffic camera footage, and more – to demonstrate that you were following the law and aren’t to blame for the accident. With proper representation, you can counteract these biases and ensure a fair consideration of your case.
Cyclists face a higher risk of severe injuries compared to drivers. Without a protective barrier, a collision can result in serious, sometimes life-altering injuries. This vulnerability means that cyclists often require more extensive and costly medical treatment, which can lead to higher compensation needs.
An attorney will advocate for the full amount you’re owed, ensuring that compensation accounts for both immediate medical expenses and any long-term impact on your health, mobility, and quality of life.
Insurance adjusters may not fully understand the unique aspects of cycling injuries or the costs of replacing or repairing high-end bicycles and specialized gear. This lack of understanding can lead to undervalued settlements that don’t fully cover your losses.
A lawyer with experience in bicycle accident cases can help bridge this gap, advocating for the complete value of your claim and ensuring that your injuries and property losses are accurately accounted for. With a legal advocate on your side, you’re better equipped to receive a fair settlement from insurance companies that may otherwise overlook the specifics of cycling-related cases.
In facing these unique challenges, having an attorney who understands both the physical and legal aspects of cycling accidents can make a critical difference in how your case is handled and resolved.
While you can pursue a claim on your own, the guidance of a bicycle accident lawyer can make a significant difference in the outcome. A skilled attorney helps you by:
Several factors can impact the outcome of your case and the compensation you receive. While some of these are beyond your control, understanding them will give you a better idea of how your case will likely proceed:
If you decide to file a lawsuit, knowing what to expect can ease the process. Here’s a step-by-step look at the stages of a typical bicycle accident lawsuit:
Bicycle accident cases can vary in duration, depending on factors like the severity of your injuries, the amount of evidence, and whether the case goes to trial. Here’s a rough timeline:
Your bicycle accident lawyer will work to move your case forward as efficiently as possible while ensuring that every detail is thoroughly covered.
Being hit on a bike can turn your life upside down, but you don’t have to go through it alone. A bike accident attorney will pursue a claim against the responsible party with the right strategic approach. Holding the liable party accountable not only secures your own future but also helps promote safer roads for all cyclists.
By hiring a qualified bicycle accident lawyer, you empower yourself to hold the negligent party accountable and receive the compensation you need to move forward. Don’t let your injuries define your future; take control and pursue justice.
Connect with a personal injury lawyer today to discuss your options and start the journey toward recovery.