Bicyclists must share the road with much bigger vehicles, like passenger cars. Sometimes, bicycles and cars collide, creating severe accidents. The responsible party must pay for the other person’s damages. An attorney will help evaluate the case to help determine who is at fault if a bicycle hits a car. Contact an attorney if you have suffered an injury in a bicycle accident.
Bicycle Accident Facts
Unfortunately, bicycle accidents are common across the United States. According to the National Highway Traffic Safety Administration (NHTSA), more than 1,000 bicyclists died in traffic accidents nationwide in 2022. According to statistics published by the Centers for Disease Control and Prevention (CDC), more than 100,000 bicyclists are involved in injury-causing accidents annually.
Bicyclists represent only one percent of trips made across the country, but bicyclists make up two percent of the total number of accidents each year. The CDC reports that the cost of bicycle accidents reaches $23 billion annually.
There are risk factors that make bicycle accidents more likely, including the following.
- One-third of fatal bicycle accidents involve a motor vehicle driver who operated their car while under the influence of drugs or alcohol.
- Twenty-seven percent of bicycle accidents happen at intersections.
- Sixty-four percent of bicycle accidents happen on sections of roads separate from intersections.
Special Circumstances For Consideration After a Bicycle Hits a Car
When a bicycle hits a car, there are special circumstances to consider. If you have hit a car while riding your bicycle, consider the following. Consult an attorney. Financial compensation is available.
When a Bicyclist Hits a Moving Car
If a driver is moving when a bicyclist hits them, the fault is ultimately determined based on specific factors, including the following.
Placement of Vehicle
Fault is often determined by where the vehicle was placed or in which direction the car was traveling at the time of impact. Details matter. For example, did the driver swerve into the bike lane? If so, then the driver might be liable for the crash.
Right of Way
Did the driver or the bicyclist have the right of way? If the driver violated traffic rules, like failing to yield or running a red light, the driver may be at fault for causing the accident.
Visibility and Awareness
Visibility and awareness should be considered when determining fault. For example, if the driver fails to check their blind spot, they may be responsible for causing the accident.
When a Bicyclist Hits a Parked Car
Bicyclists might be blamed for hitting a stationary vehicle. However, it is crucial to consider all the surrounding circumstances, including whether the car was improperly parked.
When a Bicyclist Hits a Car As It Is Turning
A driver might be liable for causing an accident if the driver made an improper turn. Improper turns include the driver’s failure to yield the right of way or failure to stop at a stop sign or red light. An accident can happen if the driver fails to check for bicyclists before turning.
Each accident is unique, and the facts surrounding the accident determine the fault. Consult with an experienced bicycle accident lawyer and discuss the crash details to determine whether the driver was at fault for causing the accident.
Factors To Consider In a Bicycle Accident Case
No two traffic accidents are the same. Determining who is at fault in a traffic crash that involves a bicycle and a passenger vehicle requires a close examination of the facts of the accident. Working with an attorney allows you to have a legal professional evaluate the following factors as they work to discover who is at fault for the accident.
Circumstances Surrounding The Crash
A careful review of the circumstances surrounding the accident is vital. It is important to speak to a legal professional. The attorney will review the claim and help discover the pertinent evidence that will help prove your case. Evaluating your case will help you understand and obtain a general estimate of its value.
Traffic Laws And Rules
Insurance companies want to find anything to help shift the blame for the accident from their insured to you. Sometimes, the insurance company claims you broke applicable traffic laws and rules. It is vital to have an attorney to investigate the cause of the accident on your behalf to avoid unfair blame-shifting.
Actions Leading Up To The Accident
It is important to share every accident detail with your lawyer, including your actions leading up to the crash. Every detail matters. Try to remember anything that the car’s driver did if you observed their actions leading up to the accident.
Contributing Factors
The passenger vehicle’s driver and insurance provider will likely claim that you were at least partially responsible for causing the accident. An experienced attorney can help argue against any claims that place the fault on you for an accident.
Legal Presumptions
Defense counsel and insurance companies might attempt to rely on legal presumptions to blame you for the accident. A legal presumption is a conclusion or inference of a particular fact. Many legal presumptions are not absolute and can be overcome by presenting evidence that rebuts the assumption. Examples of common legal presumptions include:
- Presumption of adherence to traffic laws and rules
- Presumption of proper vehicle operation
- Presumption of liability
- Presumption of negligence
- Presumption of duty of care
Having an attorney protects you from insurance companies that might claim a legal presumption in bad faith.
Evidence Used To Determine Fault
You must provide evidence of the driver’s fault for causing the accident to win your case. An attorney can help gather and compile relevant evidence that can help support your bicycle accident case. Here are some of the most common evidence victims use in bicycle accident cases.
Accident and Police Reports
Your personal injury attorney must have the opportunity to review the police report after a bicycle accident. The police report will have the first narrative regarding the accident. Reviewing the report will give your attorney insight into the officer’s opinion about fault.
Accident Reconstruction
Accident reconstruction reports help insurance companies, judges, and juries visualize how the accident happened. Working with an attorney is likely the easiest way to access an accident reconstruction expert.
Pictures and Video Evidence
Pictures (and videos) are worth a thousand words. Using visual proof of the scene, injuries, and property damage can help prove the driver’s fault after an accident.
Medical Records
It is vital to share updated and complete medical records with your bicycle accident attorney. These records give your lawyer a complete understanding of your injuries and help them estimate the value of your case.
Personal Accounts and Witness Statements
Your personal account of the accident is important. You must also share each detail of your accident account with your attorney. Similarly, witness statements are crucial to proving your case.
Insurance Information
Insurance information, particularly policy limits, is vital after a bicycle accident. Often, the only money available to pay for your losses is what is available in your insurance policy. Speak with a qualified attorney to help decipher the often-complex world of insurance information.
Traffic Rules
Understanding the applicable traffic rules is vital in a bicycle accident case. There are hundreds of applicable traffic rules. Rely on an attorney to ensure your rights are protected under the law.
Maintenance and Repair Reports
Drivers must ensure that their vehicles are well-maintained and safe. Evidence of a driver’s failure to properly maintain their vehicle can be used as evidence of the driver’s fault for causing the accident.
Potential Injuries In Bicycle Accidents
There is a potentially never-ending list of injuries after a bicycle accident. No matter the type of injuries that you suffered, you deserve compensation. Contact an attorney today to learn more about your rights after an injury in a bicycle accident.
Skin Injuries
Skin injuries can be incredibly painful. Examples of common skin injuries include the following.
Road Rash
A road rash happens when bicyclists fall off their bikes and slide against the road. The injuries from a road rash can cause painful and often infection-prone wounds.
Contusions and Bruises
A bicycle accident can easily cause the victim to suffer from bruises and contusions.
Internal Injuries
Internal injuries require a medical diagnosis. Internal injuries can be severe and require quick medical intervention. Examples of common internal injuries include the following.
Abdominal Injuries
Abdominal injuries include injuries like internal bleeding. Internal bleeding is a medical emergency. Seek medical attention immediately after a bicycle accident to ensure your physical safety and well-being after an accident.
Organ Damage
Organ damage is a risk after a bicycle accident. Getting medical treatment helps catch and treat organ damage. Make sure to see a doctor after getting into a bicycle accident.
Back Injuries
Back injuries can significantly affect the victim’s quality of life. Common examples of back injuries include the following.
Spinal Fractures
The spine is the body’s base and is responsible for much of your movement. Damage to the spinal cord, therefore, can change how you live. Spinal cord injuries are severe and might require surgical intervention or long-term care to treat.
Herniated Discs
Herniated discs typically occur due to gradual wear and tear on the spine. Potential treatments for herniated discs include surgery, medicine, or physical therapy.
Lower Body Injuries
Your legs and lower body are your base, so injuries to your lower body can have serious side effects. Some of the most common types of lower body injuries include the following. Ankle injuries can include sprains, fractures, or dislocations of the ankle joint. Knee injuries can include torn ligaments like ACL or MCL and patellar fractures. Leg injuries can include broken bones in the leg, like the femur, tibia, or fibula.
Emotional Trauma
There is potential for emotional fallout after a bicycle accident. Victims deserve compensation for all of their losses, including the impact of the crash on their mental and emotional well-being. Discuss the effect that the accident had on your mental health.
What Should I Do After a Bicycle Accident?
The steps you take after a bicycle accident are crucial to the success of your case. Consider taking the following steps after getting into an accident.
Seek Medical Attention
Seek medical attention even if you believe that your injuries are minor. Some injuries cannot be identified unless you are medically evaluated. Be sure to follow all recommendations from your physician. Failure to complete a treatment plan allows the insurance company to deny your claim.
Speak To An Experienced Attorney
Speak to an attorney immediately after an accident. Your attorney will work to protect your legal rights after a bicycle accident.
How Can An Attorney Help Me?
Getting legal representation is vital after a bicycle accident. An experienced bicycle accident attorney can help you understand your rights after a crash and get the recovery that you deserve. The following are some of the most beneficial ways an attorney can help after suffering injuries in an accident.
Legal Guidance
You will undoubtedly have a lot of questions regarding your claim. An attorney is dedicated to ensuring you understand your rights and options during each stage of the case.
Legal Representation and Advocacy
Your attorney might file a lawsuit if your case is not settled during negotiation. Once your case goes to trial, your attorney will represent your legal interests in court.
Insurance Negotiations
Settlement negotiations are a crucial part of a civil lawsuit. Getting the best outcome from an insurance company requires experience in the industry. An attorney will help ensure you receive fair compensation from an insurance company.
Preventing Mistakes
Civil lawsuits are subject to various procedural rules. For example, every plaintiff must comply with the statute of limitations. The statute of limitations is a deadline set by state law to file a lawsuit. Missing the statute of limitations is fatal to your case. Hiring an attorney helps protect your claim from being dismissed on technical grounds.
Contact a Bicycle Accident Lawyer Today
You need to have a personal injury attorney working alongside you as you try to get the financial recovery that you deserve after an accident. An experienced bicycle accident lawyer is the best way to get everything you are owed after suffering an injury in a bicycle crash. Contact an attorney today to learn more about your legal options for financial recovery after a bicycle accident.