Bicycle accidents typically happen when motorists speed, fail to yield the right-of-way, engage in distracted driving, or drive while intoxicated. The total value of a bicycle accident case depends on many case-specific factors, including the severity of the bicyclist’s injuries, the circumstances surrounding the accident, and the amount of insurance coverage available.

A skilled bicycle accident attorney in Cape Girardeau can estimate the likely settlement or verdict value of your claim and pursue the compensation you need to become whole again.

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How Do Bike Accidents Most Commonly Occur?

Bicycle accidents resulting from driver negligence are a serious concern, as they often result in severe injuries or even fatalities for cyclists.

• One major cause of bicycle accidents due to driver negligence is distracted driving. When drivers are texting, talking on the phone, eating, or otherwise not paying full attention to the road, they may fail to notice cyclists. This lack of awareness can lead to drivers not seeing a cyclist until it’s too late, causing collisions.

• Failing to yield the right-of-way is another common issue. At intersections, drivers often overlook cyclists or underestimate their speed and distance. This is particularly dangerous at stop signs and traffic lights, where drivers may turn in front of an oncoming cyclist or pull out into an intersection without properly checking for bikes.

• Dooring is a specific type of accident that occurs when a parked car’s door is opened into the path of an oncoming cyclist. Drivers and passengers often do not check for approaching cyclists before opening their doors, leading to sudden and severe collisions. This type of negligence is particularly common in busy urban areas with parked cars along the streets.

• Speeding is another factor that contributes to bicycle accidents. When drivers exceed speed limits, they have less time to react to cyclists on the road. High-speed collisions are especially dangerous due to the significant force involved, often resulting in serious injuries to the cyclist.

• Aggressive driving, including behaviors such as tailgating, honking, and deliberately cutting off cyclists, also leads to accidents. Some drivers may not understand that cyclists have the same rights to the road as motor vehicles and may act out of frustration or impatience, creating hazardous situations.

• Impaired driving due to alcohol or drugs greatly increases the risk of accidents. Impaired drivers have slower reaction times, impaired judgment, and decreased awareness, making them much more likely to collide with cyclists.

• Lastly, failing to follow traffic laws, such as running red lights or ignoring stop signs, is a significant cause of bicycle accidents. When drivers do not obey the traffic laws, they create unpredictable and dangerous situations for everyone, including cyclists.

Most Common Injuries for Bicyclists

Bicyclists are vulnerable on the road, and accidents can lead to various injuries, some of which can be severe or even life-threatening.

• One of the most common injuries in bicycle accidents is head trauma. Despite wearing helmets, cyclists can suffer from concussions, skull fractures, or even traumatic brain injuries (TBIs) if they hit their heads on the pavement or another hard surface. TBIs can have long-term effects on cognitive function, mood, and physical abilities.

• Another frequent injury is fractures. Cyclists often break bones in their arms, legs, wrists, or collar bones when they fall or collide with a vehicle. The force of the impact can cause these bones to crack or shatter, requiring medical intervention, including surgery and extended rehabilitation.

• Road rash is also a typical injury. When a cyclist skids across the pavement, their skin can be scraped off, causing painful abrasions. While road rash may seem relatively minor when compared with other injuries, it can lead to infections if not properly treated and cleaned.

• Spinal injuries are another serious concern. A hard fall or collision can damage the cyclist’s spinal cord, leading to partial or complete paralysis. Even less- severe spinal injuries can cause chronic pain and mobility issues that significantly affect a cyclist’s quality of life.

• Internal injuries, such as damage to internal organs, can occur in high-impact bicycle crashes. These injuries are not always immediately apparent and can be life-threatening if not diagnosed and treated promptly. For example, a punctured lung or internal bleeding requires urgent medical attention.

• Knee injuries are also common among cyclists, both from overuse and from accidents. The force of a crash can twist or strain the knee, causing ligament tears or other damage that can be debilitating and require surgical repair.

• Facial injuries, including broken noses, dental damage, and lacerations, often result from the face hitting the ground or another object. These injuries can be particularly distressing and may require reconstructive surgery.

• Lastly, soft tissue injuries, such as sprains, strains, and bruises, are common. These injuries may seem minor but can cause significant pain and limit mobility for weeks or even months.

Factors That Can Affect the Value of a Bike Accident Case

When a bicyclist suffers an injury in an accident, several factors can influence the value of their claim or lawsuit.

• One major factor is the severity of the cyclist’s injuries. More severe injuries, such as traumatic brain injuries, spinal cord damage, or multiple fractures, typically result in higher compensation due to the extensive medical treatment, long recovery periods, and potential for long-term disability. Medical expenses, both current and future, play a significant role in determining the value of the claim.

• Another important factor is the effect on the victim’s quality of life. If the injuries lead to chronic pain, permanent disability, or a loss of the ability to participate in activities once enjoyed, the compensation amount may be higher. This also includes any emotional and psychological distress resulting from the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).

• The amount of income lost due to the accident is also critical. If the injured bicyclist cannot work temporarily or permanently, they may be entitled to compensation for lost income and loss of earning capacity. This includes any future income they would have earned if not for the accident.

• The amount of available insurance coverage can also affect the claim’s value. If the at-fault driver has substantial insurance coverage, there may be more funds available to compensate the injured bicyclist. Additionally, if the cyclist has uninsured or underinsured motorist coverage, this can help cover the difference if the driver’s insurance is insufficient.

In terms of compensation, injured bicyclists may be eligible to recover various damages. These include medical expenses (both past and future), lost income, loss of earning capacity, pain and suffering, emotional distress, and property damage (such as the cost to repair or replace the damaged bicycle). In some cases, punitive damages may be awarded if the driver’s conduct was especially reckless or egregious.

Proving a Bicycle Accident Case With Evidence

Proving the legal elements of a bicycle accident case requires gathering strong evidence to establish liability and support the claim for damages. The main legal elements to prove are duty, breach, causation, and damages.

First, you must establish that the driver owed a duty of care to the bicyclist. All drivers have a legal obligation to drive safely and obey traffic laws to prevent harm to others on the road, including cyclists. Evidence like traffic laws and regulations can demonstrate this duty.

Next, you need to prove that the driver breached this duty of care. This means showing that the driver acted negligently or recklessly. Evidence to establish a breach can include:

• Police Report – If the police responded to the accident, their report could provide valuable details about the scene, statements from witnesses, and any citations issued to the driver.

• Witness Statements – Eyewitnesses who saw the accident can testify about the driver’s behavior, such as speeding, running a red light, or failing to yield.

• Surveillance Footage – Video footage from traffic cameras or nearby businesses can capture the accident, showing exactly how it occurred.

• Photographs – Pictures of the accident scene, damage to the bicycle, and any visible injuries can help to demonstrate the extent of the breach.

To prove causation, you must show that the driver’s breach directly caused the accident and the bicyclist’s injuries. This involves linking the driver’s actions to the harm suffered. Potential evidence here includes:

• Medical Records – Documentation of the injuries sustained in the accident, including doctor notes, treatment plans, and diagnostic tests, can help to establish that the injuries were a direct result of the accident.

• Expert Testimony – Medical experts can testify about the cause of the cyclist’s injuries, while accident reconstruction experts can explain how the accident happened and how the driver’s actions led to it.

Finally, you need to demonstrate the damages incurred. This means proving the extent of the injuries and the financial and emotional effects. Evidence for damages can include:

• Medical bills, which are detailed records of all medical expenses related to the accident, including hospital stays, surgeries, medications, and physical therapy

• Employment records, which provide proof of lost income due to the inability to work, including pay stubs and employer statements

• Personal testimony, or the bicyclist’s own account of how the accident has affected their daily life, emotional well-being, and ability to enjoy activities they once did

Once a personal injury lawyer files a lawsuit on the injured cyclist’s behalf, the legal process unfolds with several key steps:

• Filing the Complaint – The lawyer drafts and files a legal document called a complaint in the appropriate court. The complaint outlines the details of the accident, the injuries sustained, and the damages sought. This initiates the lawsuit.

• Serving the Defendant – The defendant (the person or entity being sued) must be formally notified of the lawsuit. This process is called “service of process.” The defendant is typically served with a copy of the complaint and a summons, which informs them of the legal action and their obligation to respond.

• The Defendant’s Response – The defendant has a specified period, usually 20-30 days, to respond to the complaint. They can either admit or deny the allegations. In many cases, the defendant will file an answer, disputing the claims and potentially raising defenses.

• Discovery – Both sides engage in discovery, a pre-trial phase where they exchange information and gather evidence. This can include written questions (interrogatories), document requests, and depositions (sworn, out-of-court testimony). Discovery helps both parties build their cases by uncovering facts and evidence.

• Motions – Either party may file pre-trial motions to resolve certain issues before trial. For example, a motion to dismiss can argue that the case should be thrown out for legal reasons, while a motion for summary judgment can request the court to make a ruling based upon the undisputed facts.

• Settlement Negotiations – Throughout the process, both parties may continue to negotiate. Many cases are settled out of court to avoid the uncertainty and expense of a trial.

• Trial – If a settlement isn’t reached, the case proceeds to trial. Both sides present their evidence and arguments to a judge or jury, who then decide the outcome. The trial involves opening statements, witness testimonies, cross-examinations, and closing arguments.

• Verdict and Appeals – After deliberation, the judge or jury delivers a verdict. If either party is dissatisfied with the outcome, they can appeal the decision to a higher court, which can affirm, reverse, or remand the case for further proceedings.

Contact a Knowledgeable Bicycle Accident Lawyer in Your Area Today

If you or someone you love suffered injuries in a bicycle accident that a negligent motorist caused, a skilled personal injury lawyer in your jurisdiction will work hard to maximize your total compensation award. Your attorney can represent you during all settlement negotiations with insurance company adjusters – or during litigation – and pursue the monetary damages you need to recover for your losses.