Bicycling is a popular mode of transportation, exercise, and recreation for many Americans, promoting an active lifestyle, social interaction, and environmental well-being.
Unfortunately, despite its numerous benefits, cycling comes with the potential for accidents and severe injuries involving motor vehicles.
Individuals caught in such accidents often face substantial medical bills, enduring not only physical pain but also various challenges and financial hardships. You can seek your rightful compensation for these injuries. However, insurance companies make achieving a fair financial recovery an uphill battle, necessitating the assistance of a skilled bicycle accident attorney to lead the fight on behalf of the victims.
Factors and Causes Leading to Bicycle Accidents
Bicycle accidents can result from various factors, particularly when negligence is involved. Bicycles may be less visible to drivers who rarely see them on the road. In cases where bicycle accidents stem from the negligence of another party, several common causes are the following:
Distracted Driving
Distracted driving is a leading cause of motor vehicle collisions involving bicycles.
Drivers engrossed in activities such as texting, talking on the phone, using social media, interacting with passengers or pets, or eating and drinking are more prone to causing accidents simply because they don’t see bicyclists or see them within enough time to stop an accident.
Impaired Driving
Whether impaired by drugs or alcohol, drivers experiencing decreased judgment, slowed reaction times, and impaired visual perception pose an increased risk of colliding with bicyclists. Their reduced ability to detect and respond to cyclists heightens the likelihood of accidents, especially with bicyclists.
Drowsy Driving
Early morning or late-night driving presents an elevated risk of severe collisions, especially for those completing work shifts. Studies indicate that drowsy driving can be as dangerous as drunk driving, underscoring the potential dangers for both drivers and cyclists.
Failure to Leave a Suitable Buffer
Drivers tailgating bicyclists and passing them within an unsafe distance create hazardous conditions. This increases the chances of collisions and limits options for drivers and cyclists to prevent accidents.
Failure to Yield
In various traffic scenarios, such as roundabouts and intersections with merging lanes, drivers must yield to oncoming traffic, including bicycles. Failure to adhere to this obligation significantly raises the risk of accidents.
Running a Stop Sign or Red Light
Disregarding traffic signals, especially at intersections, is a prevalent cause of accidents. When drivers fail to stop at signs or signals, the risks compound when they overlook bicyclists with the legal right of way.
Turning Without Looking
Despite having a green light to turn at intersections, drivers must remain vigilant for bicyclists and pedestrians. Turning without proper observation is a frequent yet avoidable cause of accidents at intersections.
Traffic Weaving
Drivers weaving through traffic are less likely to notice bicyclists on the road, increasing the likelihood of accidents. Weaving drivers may drift into bike lanes and shoulders, posing severe dangers to cyclists.
Unsafe Lane Changes
Even a single unsafe lane change can result in a severe crash. Accidents involving unsafe lane changes often occur when drivers merge into cyclists’ lanes without ensuring the desired lane is clear. Vigilance and cautious lane changes are crucial to prevent such accidents.
Do You Have a Valid Bicycle Accident Injury Claim?
You may wonder about a possible injury claim if you’ve recently experienced a bicycle accident. Most injury claims hinge on negligence, defined as the failure to exhibit the level of care that a reasonably prudent person should in similar circumstances.
A valid bicycle injury claim must encompass the four essential elements of negligence:
- Duty: The individual responsible for the accident, or in some instances, another party, must have had a duty to act in a manner ensuring your safety. For example, they should have refrained from weaving between traffic lanes.
- Breach of Duty: There must be evidence indicating that the person responsible for the accident breached their duty somehow—such as a witness or video surveillance showing them weaving between traffic lanes.
- Injuries: The breach of duty should directly cause the injuries you sustained.
- Damages: As a consequence of your injuries, you should have incurred compensable damages. These damages may encompass various aspects such as medical expenses, lost income, pain and suffering, scarring, and disfigurement, among others.
During a complimentary consultation with a bicycle accident attorney, they will meticulously assess your claim to ascertain the presence of these four elements of negligence.
Suppose they determine they can substantiate these criteria. In that case, you possess a valid claim worth pursuing to seek compensation for the injuries and damages you have suffered.
Damages in Bicycle Accident Claims
People who suffer injuries in a bicycle accident might have several damages for which the person who caused the accident or their insurance company owes them compensation.
They may be incurring tens of thousands of dollars in medical bills, missing paychecks from being unable to go to work, all the while dealing with pain and physical limitations from their injuries.
Damages should cover both financial losses or obligations and intangible losses.
Financial or economic damages might include:
- Past and future medical expenses
- Past and future lost income
- Travel expenses for medical appointments or treatment
- Repairs or replacements for your bicycle or other damaged property
Intangible losses or non-economic losses might include:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Mental anguish
- Scarring and disfigurement
You might have other damages not listed here. If you hire a skilled bicycle accident lawyer, they can determine your damages and fight to get you compensation.
The Importance of Medical Assessment Following a Bicycle Accident
Even in the aftermath of a seemingly minor bicycle accident, you may have sustained significant injuries that might not immediately manifest. Symptoms for these injuries can surface days or weeks after the incident.
You need to seek medical attention after any bike accident, regardless of whether you feel alright and don’t exhibit concerning symptoms.
Immediate medical evaluation is particularly crucial if you experience any of the following severe symptoms:
- Loss of consciousness, confusion, vision changes, or a cracked helmet: These signs may indicate head trauma, and seeking medical attention is essential to assess the extent of the injury.
- Difficulty with breathing or painful breathing: Respiratory issues may signify internal injuries, and prompt medical evaluation is necessary for an accurate diagnosis.
- Tender, distended, or hard areas of the abdomen: Such symptoms can indicate internal organ injuries, warranting immediate medical assessment.
- Numbness, tingling, or the inability to move fingers or toes: These sensations may suggest nerve damage or other serious injuries requiring prompt medical attention.
- Difficulty moving the neck: Neck injuries, including whiplash, may not be immediately apparent, but a medical professional should assess any difficulty in neck movement.
- Deep lacerations: Extensive or deep cuts may require medical attention to prevent infections and ensure proper wound care.
- Profuse bleeding: Excessive bleeding requires immediate medical intervention to control the bleeding and prevent complications.
- Shooting pain in an extremity or difficulty moving it: These symptoms may indicate fractures, dislocations, or nerve damage, necessitating urgent medical evaluation.
Even if you don’t experience these severe symptoms, a medical evaluation can help identify latent injuries and ensure timely treatment. Seeking prompt medical attention is crucial for your well-being and for establishing a record of injuries in case you decide to pursue a legal claim for compensation.
The Next Steps After a Bicycle Accident
After the immediate chaos subsides, injured cyclists should take additional steps to protect their well-being and potential legal claims. Here’s a guide to the next steps:
See a Doctor and Continue Your Treatment Plan
Schedule a medical examination promptly if you haven’t had one already. Timely documentation of injuries is crucial. Adhering to any prescribed treatment plan or physical restrictions is essential for both recovery and building a strong case.
Contact a Reputable Bicycle Accident Lawyer
Promptly engage with a reputable bicycle accident lawyer. Even if uncertain about the eligibility for a personal injury claim, discussing the case with a lawyer is imperative.
Delays in seeking legal advice can diminish the value of a claim due to the statute of limitations. Most bicycle accident attorneys offer free consultations to guide accident victims through the initial steps of their claims.
Don’t Repair or Throw Out Evidence
Preserve evidence by refraining from repairing or discarding the damaged bicycle, helmet, or safety gear worn during the accident. You may feel tempted to resume normalcy, but the damaged items serve as crucial evidence depicting the nature and impact of the accident. Keep receipts for any replacements, and retain the damaged items until the case concludes.
Document Any After Effects and Other Crucial Details
Document any lingering effects or symptoms post-accident. Even if not reported to a physician, these details can be valuable in supporting your claim and maximizing damages.
Maintain a journal specific to the accident, recording symptoms such as headaches, dizziness, sleep disturbances, pain, immobility, and any disruptions to work, school, or family activities.
By proactively taking these steps, injured cyclists can contribute to both their recovery and the potential success of their legal claims. You should note that acting quickly and preserving evidence is paramount in securing fair compensation.
Do Bicycle Accident Cases Settle Out of Court?
Litigation is sometimes a long and emotionally taxing process for injured individuals. It’s also expensive and draining for the at-fault party and their insurance companies and legal counsel. For these reasons, most of the time, both parties will negotiate a settlement.
A settlement is an agreed-upon amount of money the at-fault party, usually through their insurance company, will pay the injured party to drop their claim and not pursue it in court. Sometimes, the amount of the settlement is kept confidential.
In return, the injured party agrees to permanently drop their claim against the at-fault party. Injured parties are not required to accept a settlement.
Still, you should consult with your bicycle accident lawyer to determine the best course of action. There might be several benefits to settling your case over pursuing it in court that you will want to consider.
How a Bicycle Accident Attorney Can Help You
While it’s true that your lawyer plays a crucial role in assessing damages, collecting evidence, and establishing liability, their commitment goes beyond these essential responsibilities. They provide various additional services designed to enhance your experience throughout the legal process.
Here is a detailed list of some of the valuable services your lawyer can offer:
Bicycle Accident Attorney, Jacob D. Lawrence
- Handling Communication: Rather than engaging in back-and-forth exchanges with the opposing party and their team, allow your lawyer to take the lead. Efficient communication is vital in navigating the complexities of your case, and your lawyer will skillfully manage all relevant discussions on your behalf.
- Negotiating a Settlement: Insurance companies, driven by profit motives, may attempt to offer a low settlement. Your attorney serves as a strategic advocate, countering such offers to secure the compensation you rightfully deserve. Their negotiation skills provide help towards maximizing your recovery.
- Representing You in Court: If a mutually agreeable settlement proves unattainable, your lawyer is ready to take your case to trial. With a wealth of courtroom experience, they will represent your interests, presenting a compelling case before the court to seek a favorable outcome.
- Status Updates on Your Case: Stay informed every step of the way. Your lawyer will keep you in the loop. Whether there are changes in your case’s dynamics or new developments arise, you can rely on timely and transparent updates from your legal representative.
By entrusting an experienced personal injury lawyer with your case, you not only benefit from legal knowledge and skills but also gain a dedicated partner committed to streamlining the entire legal claims process for your convenience and peace of mind.
Often, driver inattentiveness and poor infrastructure design cause bicycle accidents, leaving victims with painful injuries that take over their lives. If this happens to you or a loved one, there is help when you explore your legal options. Contact a seasoned bicycle accident lawyer today for help.