Bicycle accidents can be devastating, causing severe injuries and even death. It’s important to understand your legal rights and options. We’ll explore the factors determining whether you can claim compensation for a bicycle accident and what types of damages you may recover.
If you were involved in a bicycle accident caused by a driver’s negligence, consulting with a bicycle accident lawyer can help you to file a compensation claim for the accident and what types of damages you may recover.
You may claim compensation for a bicycle accident if:
- You suffered injuries because a motorist hit you while you were riding your bike
- You have lost a loved one because a motorist hit them while they were riding their bike
- Your loved one has suffered severe injuries in a bicycle accident and cannot claim compensation on their own
You can also claim compensation if you were a bicyclist or pedestrian injured by a bicyclist.
Types of Bicycle Accidents That May Lead You to Claim Compensation
Bicyclists face many hazards, especially when traveling near or on busy roadways. Several types of bicycle accidents may warrant legal action or an insurance claim, including:
Collisions Between Motorists and Bicyclists
A large percentage of motorist-bicyclist collisions might not happen if motorists follow traffic laws. It also notes that bicyclists face a much higher risk of injury when a vehicle strikes a bike rider.
A motorist may strike a bike rider because:
- They do not understand or respect the bike lane
- They are distracted
- They are intoxicated
- They lose control of their vehicle or cannot stop in time because they are speeding
- They fail to yield the right of way to the bicyclist
Liable motorists should cover the damages of any bicyclist they hit.
Accidents Where a Motorist Forces a Bicyclist Off the Roadway
Even if a motorist does not directly strike a bicyclist, they may cause severe injury or death by running the motorcyclist off the road. Research shows that bike lanes reduce the risk of motorist-bicyclist collisions, but motorists who fail to respect a biker’s right of way may cause the bicyclist to exit the roadway dangerously.
Collisions Between Two Bicyclists, or a Bicyclist and a Pedestrian
If you suffered injuries as a bicyclist or pedestrian hit by a bicyclist, you might claim compensation for your damages. Though bicycle-on-bicycle and bicycle-on-pedestrian accidents are generally less harmful than motorist-on-bicyclist accidents, each of these accident types can cause significant damage.
Single-Bicycle Accidents Resulting From Dangerous Road Conditions
Bicyclists have a reasonable expectation of safety when riding on certain roadways.
Dangerous road conditions can catch bicyclists by surprise and cause serious injuries, and road-related hazards include:
- Work crews obstructing the bike lane
- Potholes
- Uneven surfaces
- Loose gravel or other debris in the roadway
- Uneven or missing manhole covers
- Debris from motor vehicle accidents in the roadway
- Defective traffic signals or signage
Municipalities must take reasonable steps to protect bicyclists from harm. Failure to provide basic protections can make a municipality liable for resulting accidents.
If you or a loved one suffered injuries because of one of these accident types or another circumstance not listed here, consider hiring a lawyer to seek compensation.
Potential Ways to Get Compensation for a Bicycle Accident
The way your bicycle accident happened may affect your options for seeking compensation.
The two primary paths to compensation for bike accident victims are:
- Insurance claims: Auto insurance, homeowners insurance, and renter’s insurance can cover your losses. If a motorist struck you while you were biking, their auto insurance might cover your losses. If a bicyclist struck you while you were biking or acting as a pedestrian, homeowner’s or renter’s insurance can apply.
- Lawsuits: A bicycle accident may be necessary if insurance does not cover your damages. A liable party’s lack of insurance, coverage limits, and non-covered losses can all be reasons to file a lawsuit.
There is no single strategy that will apply to all bicycle accident cases. Each accident warrants careful consideration, and an attorney can review your unique circumstances to formulate a personalized plan.
Essential Steps to Take After a Bicycle Accident
No two bicycle accident victims respond the same way to a collision. Some victims immediately know something is wrong, while others may believe they are fine following an accident.
Regardless of your unique response to your accident, there are two steps that every bike accident victim should follow:
- Get medical attention as soon as possible: There are several reasons to get medical attention as soon as possible. For one, you need to get a clear diagnosis for each of your accident-related injuries. Secondly, you need to establish the connection between your bicycle accident and all resulting injuries. That way, liable parties cannot credibly claim that your injuries are unrelated to the collision.
- Speak with an attorney about your accident: While the fallout from a bicycle accident is foreign to most victims, it is familiar territory for many bicycle accident lawyers. A law firm can provide advice specific to your circumstances and begin working on your case should you ask them to.
The National Safety Council (NSC) cites the tragic statistic that more than 1,000 bicyclists may lose their lives in a year due to traffic accidents. If you have lost a loved one, you may seek a professional’s counsel to address grief and any other hardship you are facing. You may also contact a lawyer.
How to Choose a Bicycle Accident Attorney
You may use objective and subjective criteria when deciding which bicycle accident attorney to hire for your case.
Some objective criteria to apply to prospective law firms are:
- Practice areas: If a law firm does not count bicycle accidents among its primary practice areas, you might consider marking them off your list. There should be plenty of local firms that regularly handle bicycle accidents, and experience is vital when seeking a lawyer.
- Case results: While experience is vital, case results are even better. If two competing firms seem similarly experienced, you might use the firms’ case results as a tiebreaker when deciding which to hire.
- Firm size: While smaller firms may offer a more personalized legal approach, many large firms still provide a one-on-one feel. A larger, established firm may also have financial resources than a smaller firm. While a firm’s size is not necessarily a dealbreaker, it is one factor to consider when seeking a bicycle accident attorney.
- Fee structure: Most different stages of personal injury firms will offer a contingency fee structure. In these cases, you won’t pay the firm anything upfront or out of pocket. This may be preferable, as it assures that the law firm takes the financial risk.
You can also rely on subjective criteria, including:
- Testimonials: Former clients often leave reviews of a law firm. These reviews may document the good, bad, and ugly regarding a firm’s results and client service. Reviewing these testimonials on public forums like Google Reviews should be a part of your pre-hiring research.
- Your personal interactions with the firm: Bicycle accident attorneys typically offer free consultations. You can use these cost-free phone calls to gauge how patient and honest a law firm is and whether a specific firm is a good fit for your case.
Never wait to start your search for an attorney. Multiple deadlines may demand you begin your case as soon as possible. That being said, you should also make a measured, data- and instinct-driven choice of attorney.
Why Bicycle Accident Victims Hire Attorneys Rather Than Leading Their Own Cases
Bicycle accident victims hire an attorney to lead their cases because of:
- The experience and resources a lawyer can provide: When you hire a bicycle accident lawyer, you may also be hiring paralegals, investigators, and professionals that work for (or with) the law firm. Furthermore, an attorney’s experience leading previous bike accident cases may prove valuable in resolving your case.
- The financial support a law firm provides: Personal injury law firms typically cover the cost of each case they handle. This means paying to hire professionals, covering filing fees, and bearing the cost of all other case-related expenses. This is an appealing prospect to many bicycle accident victims who may be facing financial hardship because of their accident.
- The complexity of a bicycle accident claim or lawsuit: Merely filing lawsuits and insurance claims involve properly completing countless complicated tasks. You don’t just want to complete your case—you want to win. For many bicycle accident victims, learning the ropes of a claim or lawsuit is a non-starter, as they recognize that a lawyer may be better positioned to present a strong case.
- The potential health consequences of over-taxing yourself after an accident: Those who suffer injuries or lose a loved one typically need rest, calm, and various treatments. For the most part, these parties are not prepared to handle the demands of a claim or lawsuit.
You may have other reasons for hiring a lawyer after your bicycle accident. Whatever your reasoning is, our firm is ready to help you seek the financial recovery you deserve.
How a Bicycle Accident Lawyer Will Fight for Your Financial Recovery
A bike accident attorney can lead you through every step of the legal process. If you are merely seeking compensation through an insurance claim, an attorney can lead that process too.
Duties that most bicycle accident attorneys handle are:
Securing All Relevant Evidence
Your attorney’s most urgent responsibilities include gathering evidence.
Some evidence may disappear or deteriorate, so your lawyer will act quickly to get:
- Witness accounts
- Video Footage
- Photographs of property damage
- Photographs of injuries
- Any available police report
- Experts’ Reconstructions of your bike accident
- Any other relevant evidence
Evidence is one of the critical building blocks in any bicycle accident case. An experienced lawyer will know which evidence to look for, and they’ll spare no time or expense in getting high-quality evidence.
Calculating and Documenting Damages
Your attorney will work to prove the damages resulting from your bicycle accident.
Useful documentation may include:
- Photographs of visible injuries
- X-rays, MRIs, CT scans, and other medical images of injuries
- Medical bills
- Invoices for the repair of your bicycle, temporary transportation, and other accident-related expenses
- Proof that you have missed work and lost income because of your accident
- Expert testimony about psychological and emotional injuries
Your attorneys should gather all relevant documentation to your claim or lawsuit.
Leaning on Qualified Experts
Many law firms hire professionals to strengthen their clients’ bicycle accident cases. Professionals can testify about liability or damages, reconstruct an accident, or assist in other meaningful ways.
Leading Settlement Negotiations
Your attorney will be your representative during settlement negotiations. These negotiations are often contentious, high-stakes meetings that can potentially resolve your case. Having a qualified attorney represent you during settlement discussions may pay great dividends.
Completing a Trial When Necessary
While most civil cases settle, your attorney should be willing to take your case to trial if necessary. In legal terms, “if necessary” generally means a lawyer cannot get a fair settlement for their client. Then, a trial may become a serious consideration.
Recoverable Damages for a Bicycle Accident Victim
Bicycle accidents generally cause economic and non-economic damages that vary from victim to victim.
Damages When a Bike Accident Causes Non-Fatal Injuries
When a bicycle accident causes non-fatal injuries, recoverable damages may include:
- Medical bills
- Damage to a bicycle (and the cost of repairing the bike)
- Damage to other personal property
- Pain and suffering
- Lost income
- Lost earning power
- Other professional damages
- Temporary transportation expenses
Your attorney will create a detailed account of your damages.
Damages When a Bike Accident Causes Fatal Injuries
If your loved one passed away because of a bicycle accident, we extend our condolences.
Wrongful deaths are the worst-case scenario when any accident happens, and your bicycle accident lawyer may seek justice for:
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- The decedent’s pain and suffering
- Surviving loved ones’ pain and suffering
- The loss of spousal companionship
- The loss of parental guidance
- Funeral costs
- All other damages resulting from a loved one’s passing
The high stakes in every bicycle accident case demand that you hire a bicycle accident lawyer. When a loved one loses their life, the stakes of a resulting lawsuit escalate.
Retain an Attorney To Seek Compensation for Your Damages Today
Bicycle Accident Attorney, Phillip J. Barkett
Remember that there may be a fixed deadline for filing your case. Research bicycle accident lawyers in your area, compare firms using the criteria provided here, and retain a firm you trust.
You aren’t alone after your accident, as a personal injury law firm in Missouri will fight for the justice you deserve.