Yes, you can absolutely sue someone for hitting you on a bike in Missouri. If a driver’s carelessness caused the accident that left you injured, you have the right to seek financial compensation for your losses.
Getting struck by a motor vehicle while riding a bike can leave you with mounting medical bills and in financial strain if you are unable to work due to your injuries. Understanding your rights and how to hold a negligent driver accountable can help you get the justice and support you need to heal.
Key Takeaways
- A cyclist injured by a driver may file a personal injury lawsuit to recover compensation.
- Holding a driver responsible requires proving their actions were negligent, meaning they failed to drive with the highest degree of care.
- Compensation can cover economic costs like medical bills and lost income, as well as non-economic impacts like pain and suffering.
- Missouri law provides specific rights and responsibilities for bicyclists on public roads.
- There is a limited time frame, known as the statute of limitations, to file a bicycle accident lawsuit in Missouri.
- An attorney can manage the legal process, from investigation to negotiating with insurance companies.
Understanding Your Rights as a Cyclist in Southeast Missouri
When you’re riding your bike, whether commuting down Broadway in Cape Girardeau or enjoying a weekend ride on a quiet Scott County road, you are not just a cyclist; you are a vehicle operator with rights. According to Missouri Revised Statutes Chapter 307, bicyclists are granted the same rights and are subject to the same duties as the drivers of motor vehicles.
This means you have the right to be on the road, and other drivers have a legal duty to share it with you safely. They must provide a safe passing distance, yield the right-of-way when required, and pay attention to their surroundings. When they fail to do so, and you get hurt, they can be held legally responsible for their actions. It is not your burden to bear the financial and physical costs of someone else’s mistake.
What Does It Mean to Prove Negligence in a Bike Accident?
Winning a personal injury case after a bicycle accident hinges on proving the driver was negligent. “Negligence” is a legal term that, in simple terms, means someone was careless and their carelessness caused harm. It doesn’t mean they intended to hurt you, only that they failed to act with the reasonable care required of all drivers.
To successfully sue someone for hitting you on a bike, your legal team will work to establish four key elements:
- Duty of Care: Every driver on the road has a legal obligation, or duty, to operate their vehicle safely to avoid harming others, including cyclists. This includes obeying traffic laws and being aware of their surroundings.
- Breach of Duty: The driver violated this duty. This could be through a specific action, like texting while driving, speeding, or running a stop sign, or a failure to act, like not checking a blind spot before changing lanes.
- Causation: The driver’s breach of duty was the direct cause of the accident and your resulting injuries. For example, because the driver was looking at their phone, they did not see you in the crosswalk and hit you.
- Damages: You suffered actual harm as a result of the accident. This includes measurable costs like medical bills and lost wages, as well as intangible harm like physical pain and emotional trauma.
Proving all four of these elements is the foundation of a strong legal claim for the compensation you need to recover.
What Kind of Compensation Can You Recover After a Bike Accident?
The impact of being hit on your bike goes far beyond the initial crash. You are likely facing a mountain of medical bills, time off work, and significant physical and emotional pain. The goal of a personal injury claim is to recover compensation, known as “damages,” that covers all of these losses, helping you become as whole as possible again.
Damages are typically broken down into two main categories:
Economic Damages: These are the tangible financial losses you have incurred because of the accident. They are straightforward to calculate and include things like:
- All medical expenses, from the initial emergency room visit to ongoing physical therapy and future surgeries.
- Lost wages from being unable to work during your recovery.
- Loss of future earning capacity if your injuries prevent you from returning to your previous job.
- The cost to repair or replace your bicycle and any other damaged property, like your helmet or phone.
Non-Economic Damages: These damages are meant to compensate you for the intangible, personal losses that do not have a specific price tag but have a profound impact on your life. They can include:
- Pain and suffering, which accounts for the physical pain and discomfort from your injuries.
- Emotional distress, including anxiety, depression, and trauma resulting from the accident.
- Loss of enjoyment of life, if your injuries prevent you from participating in hobbies and activities you once loved, like cycling the Cape LaCroix Trail.
A thorough evaluation of both types of damages is essential to understanding the full value of your claim and ensuring you receive the financial support you need for a complete recovery.
Steps to Take After a Bicycle Accident to Protect Your Rights
After you have received initial medical care and are back home, the things you do in the following days and weeks can have a big impact on your ability to secure fair compensation. While you focus on healing, taking a few organized steps can help protect your legal rights.
- Document Everything You Remember. As soon as you feel up to it, write down every detail you can recall about the accident. Note the time, date, location, weather conditions, and exactly what happened. What you saw, heard, and felt can be crucial evidence later.
- Preserve All Evidence. Keep your damaged bicycle, helmet, and clothing in the condition they were in after the crash. Do not have them repaired or thrown away. Take clear photos of your injuries as they heal, as this provides a visual record of your recovery process.
- Create a File for All Paperwork. Stay organized by keeping all accident-related documents in one place. This includes medical bills, explanation of benefits from your health insurer, receipts for prescriptions, and any letters you receive from an insurance company.
- Follow Your Doctor’s Treatment Plan. It is vital to attend all follow-up appointments, physical therapy sessions, and other treatments your doctor recommends. This not only helps your physical recovery but also creates an official record of the severity of your injuries and the treatment required.
- Be Careful When Speaking to Insurance Adjusters. The other driver’s insurance company may contact you quickly. Remember that their goal is to pay out as little as possible. It is best to avoid giving a recorded statement or accepting any early settlement offers until you have had the opportunity to speak with a legal professional about your rights.
Taking these proactive steps can create a strong foundation for your personal injury claim and help ensure you are treated fairly throughout the process.
How a SEMO Bicycle Accident Lawyer Can Help Your Case
Trying to handle a legal claim while recovering from serious injuries can feel overwhelming. This is where a compassionate and dedicated legal team can make all the difference. A SEMO bicycle accident lawyer acts as your advocate, taking the legal burdens off your shoulders so you can focus completely on your health and well-being.
An experienced attorney can provide invaluable assistance by:
- Conducting a Full Investigation: They will gather all evidence related to your accident, including the police report, witness statements, photos of the scene, and traffic camera footage if available.
- Managing All Communications: Your lawyer will handle all phone calls, emails, and negotiations with the at-fault driver’s insurance company, protecting you from tactics designed to devalue your claim.
- Calculating Your Total Damages: They will work with medical and financial professionals to determine the full, long-term cost of your injuries, ensuring no expense is overlooked.
- Fighting for a Fair Settlement: Armed with strong evidence, your attorney will negotiate skillfully on your behalf to secure a settlement that fairly compensates you for everything you have been through.
- Preparing Your Case for Trial: While most cases are settled out of court, if the insurance company refuses to make a fair offer, your lawyer will be prepared to represent your interests in front of a judge and jury.
Having a knowledgeable legal guide in your corner provides peace of mind and significantly improves your chances of achieving a just outcome.
FAQ for Suing Someone for Hitting You on a Bike
Here are answers to some common questions that arise after a cyclist is injured by a negligent driver.
What if I was partially at fault for the bicycle accident?
Missouri follows a “pure comparative fault” rule. This means you can still recover damages even if you were partially at fault, but your compensation award will be reduced by your percentage of fault. For example, if you were found to be 10% responsible, your final award would be reduced by 10%.
How long do I have to file a lawsuit after being hit on my bike in Missouri?
In Missouri, the statute of limitations for most personal injury claims is five years from the date of the accident. This is outlined in the Missouri Revised Statutes section 516.120. It is very important to act within this time frame, because if you miss the deadline, you will likely lose your right to sue forever.
What happens if the driver who hit me doesn’t have insurance?
If the at-fault driver is uninsured or underinsured, you may be able to file a claim through your own auto insurance policy. Many policies include Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage, which is designed to protect you in this exact situation.
How much does it cost to hire a lawyer for a bike accident case?
Most personal injury law firms work on a contingency fee basis. This means you pay no upfront fees. The law firm covers all the costs of investigating and pursuing your case, and they only receive a fee as a percentage of the total compensation they recover for you. If you do not win your case, you owe nothing.
Can I still get compensation if the driver fled the scene (a hit-and-run)?
Yes, you may still have options for compensation. A claim could potentially be filed under your own Uninsured Motorist (UM) insurance coverage. It is also possible that a thorough investigation could identify the driver who fled, allowing you to pursue a claim against them directly.
Will I have to go to court if I sue the driver?
The vast majority of personal injury cases are resolved through a negotiated settlement without ever going to trial. A settlement is an agreement between you and the insurance company to resolve the claim for an agreed-upon amount. However, if a fair settlement cannot be reached, your attorney must be ready to take your case to court.
Let Our Bicycle Accident Lawyer Help You with Your Claim
If you’ve suffered injuries in a bicycle accident, the dedicated team at Cook, Barkett, Ponder & Wolz is ready to stand by your side and fight for the justice you deserve. We have a deep understanding of the law and the challenges people face right here in Southeast Missouri.
We believe that every client’s story matters. We take the time to listen and understand how this accident has affected your life, allowing us to build a powerful case that reflects your unique situation. With over 100 years of combined trial experience, we have the resources and commitment to hold negligent drivers accountable. Let us handle the legal complexities so you can focus on what is most important: your healing.
If you or a loved one has been injured in a bicycle accident in Cape Girardeau, Sikeston, Poplar Bluff, or anywhere in the SEMO region, reach out us today. Contact us at (573) 335-6651 or through our online form for a free, no-obligation case evaluation to help you understand your options.