In Missouri, bicycles play a substantial role in both transportation and recreation, especially as the warmer months roll around. For this reason, Missouri has strict laws concerning bicycles, which aim to keep both cyclists safe. Additionally, in an effort to further promote safety, motorists must follow road rules and share the road responsibly.
Still, no cyclist is immune to collisions. So, what happens when a bicycle accident occurs? What rights do bicyclists have? A Cape Girardeau, MO bicycle accident attorney can guide you through the legal process and provide clarity concerning your rights and options under Missouri law.
Understanding Missouri’s Bicycle Laws: The Basics
First and foremost, it’s helpful to become familiar with Missouri’s bicycle laws. Understanding these laws provides a background to better comprehend other laws and how they impact both cyclists and motorists on the road.
What is a “Bicycle” Under Missouri Law?
Missouri law is specific when it comes to bicycle laws, even providing a legal definition of what the state considers a bicycle.
Under Missouri law, a bicycle is a “vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, or two parallel wheels and one or two forward or rear wheels, all of which are more than fourteen inches in diameter, except scooters and similar devices.”
The law also defines a motorized bicycle. While it is still called a “bicycle,” there is a strong distinction between a regular bicycle and a motorized bicycle – so much so that a motorized bicycle is considered a motor vehicle for purposes of insurance policies, unlike traditional bicycles.
Equipment Requirements for Bicycles
Missouri law requires bicycles to maintain certain equipment, including:
- Brakes: Every bicycle must be equipped with a brake that allows cyclists to stop when needed.
- Lights and reflectors: When riding between sunset and sunrise, bicycles must have a front lamp with a light visible at least 500 feet, a rear-facing reflector or red lamp visible from at least 600 feet, and reflective materials and/or lights visible from the front and back on the bike’s moving parts and each side of the bike.
These safety features help with visibility and can potentially avoid collisions.
Riding Regulations for Bicyclists
Just like motorists have rules they must follow, so do bicyclists. Generally, bicycle riders must obey all traffic signs and signals, including stopping at red lights and stop signs. They should also yield the right of way when necessary, like when pedestrians are walking through a crosswalk, or an emergency vehicle is approaching.
Bicyclists must always ride with traffic, not against it. Riders must also ride to the right of the road, except when making left turns or passing. This is key, as motorists must keep a watchful eye out for bicyclists to safely share the road.
Cyclists are generally allowed to ride on the sidewalk, except when riding through busy business districts, so long as they yield the right of way to pedestrians. Bicyclists often feel safer riding on sidewalks to avoid riding alongside vehicles, as riding on the road can present many dangers for cyclists.
Bicyclists and Motorists – Sharing the Road
As mentioned, bicyclists share similar responsibilities when riding as motorists. Experienced motorists should have a thorough understanding of road rules, especially as they pertain to bicycles. Failing to follow the law can have unfortunate repercussions for cyclists and open motorists up to liability.
Even though motorists are operating vehicles, they should still be aware of Missouri’s bicycle laws. Becoming familiar with these rules helps drivers understand what is expected of bicyclists, which can in turn help them better share the road and keep cyclists safe.
For example, motorists should know when to yield the right of way to bicyclists. They should also take special care when driving down the street to avoid getting too close to bicycles and when opening car doors on the side of the road to prevent car door accidents.
Additionally, Missouri law aims to protect “vulnerable road users,” like bicyclists. If a driver operates a vehicle in a careless or distracted manner and causes serious harm or death to a vulnerable road user, they could face criminal consequences. This means that a motorist may face both criminal charges and civil liability in some cases.
Missouri road rules – for motorists and bicyclists – can significantly help keep everyone on the roads free from harm. It is up to everyone, especially drivers, to drive responsibly to minimize risk.
Bicycle Accidents – How They Happen and Who’s At Fault
Even with bicycle safety efforts in Missouri, accidents still happen more frequently than they should. Along with the state of Missouri, bicycle collisions happen everywhere, significantly contributing to serious injuries, and in the most serious cases, even death. Every year, about two percent of motor vehicle collision deaths are cyclists, and bicycle accident fatalities increased by 37 percent over a recent decade.
The “how” and the “who” of a bicycle accident matter. Determining what caused a bicycle crash and who is responsible can substantially help cyclists seek justice and financial recovery for their injuries and losses. An experienced bicycle accident lawyer can determine liability in your case and hold the at-fault party or parties accountable.
What Causes Bicycle Collisions Most Often?
Negligence is commonly the cause of bicycle accidents. When a party is negligent, it means they failed to act in a reasonable manner like another similarly situated party would have acted.
Bicycle crashes are often caused by dangerous driving behaviors. While strict road rules should lessen the occurrence of accidents caused by motorists, these collisions still happen. Some of the driving actions frequently resulting in bicycle collisions include:
- Speeding: Speeding always creates unnecessary danger on the road, as there are numerous consequences to speeding. When a driver speeds, they increase the stopping time and distance, are more likely to lose control of their vehicles and cause more catastrophic collisions.
- Distracted driving: It’s common to get distracted while driving, but falling into the temptation of a distraction, such as sending a text or changing the song on the radio station, can result in accidents. Drivers must always pay close attention to the road, especially because bicycles can be easy to miss.
- Reckless driving: Driving recklessly encompasses many hazardous behaviors, including weaving in and out of lanes and racing. Reckless driving is illegal in many states. Missouri’s law does not specifically define reckless driving – instead, it is referred to as “careless and imprudent” driving.
- Impaired driving: Driving while under the influence of alcohol or drugs is illegal in every state. Impaired drivers cannot safely operate a vehicle in such a state, making collisions more likely.
- Fatigued driving: Drowsy driving is more unsafe than it may seem. Fatigue can actually have a similar effect on the body as alcohol, making it much harder to operate a vehicle responsibly and remain vigilant while driving.
- Failure to yield: Right-of-way laws in Missouri are key, as they indicate when a motorist must yield to others, including bicyclists. Failing to yield where necessary can result in collisions.
- Running red lights and stop signs: Red lights and stop signs are essential for maintaining order on roads. When a driver runs a red light or fails to stop at a stop sign, they’re more likely to miss a cyclist crossing the intersection and collide with them.
Along with driver negligence, bicycle accidents can happen for other reasons, including hazardous road conditions and product defects. Determining the cause of a bike crash is necessary to shed some light concerning fault and liability.
Who Could be Liable for a Bicycle Crash?
Simply put, liability depends on the cause of the crash. The party responsible for causing the accident will usually be legally and financially responsible.
Parties often found liable in bicycle collisions include:
- Motorists
- Drivers’ employers
- Governmental entities
- Maintenance and repair companies
- Product designers, manufacturers, and distributors
Knowing who is responsible for a bicycle accident is necessary to ensure you seek compensation from the appropriate party. While many bike crashes are caused by one party, multiple parties can share fault, depending on the circumstances.
Bike Riders Face Serious, Life-Threatening Collision Injuries
One of the biggest issues with bicycles is the lack of protection. Unlike cars, which are equipped with numerous safety features, bicycles offer riders absolutely no protection in the event of an accident. This is the primary reason why cyclists so often end up seriously hurt after accidents.
Bicycle crash injuries can affect any part of the body, but especially the head. Missouri has no general law requiring cyclists to wear helmets while riding, so even if a bike rider isn’t wearing a helmet, they’re not in the wrong. Unfortunately, though, this is why head injuries are so prevalent in bicycle collisions. Head injuries include scalp lacerations and skull fractures, but brain injuries, like concussions and hemorrhages, are also common.
Along with head and brain injuries, cyclists also regularly suffer:
- Road rash
- Internal injuries
- Facial injuries
- Broken bones
- Back and spinal cord injuries
Cycling accident injuries don’t just affect riders physically but also financially. These injuries commonly require extensive medical care, which can be costly. Riders are often unable to carry the financial burdens alone, leaving them without proper treatment. This is one of the main reasons why it’s vital to seek proper compensation.
Rights of Injured Bicycle Riders in Missouri
If you suffer harm in a bicycle accident caused by negligence, you have rights as an injured cyclist.
Injured bicycle riders have the right to seek compensation after an accident. Missouri is a fault state, meaning fault matters in an accident, even a collision involving a bicycle. If a motorist caused your crash and resulting injuries, you can file a third-party insurance claim through their auto insurance. Filing an insurance claim can allow you to recover financially for your related injuries, losses, and expenses.
Depending on the situation, you may also have the right to file a personal injury lawsuit. Should the insurance company deny your claim or try to escape a fair settlement, you can file a legal claim to continue your pursuit of monetary recovery. Also, if the responsible party is uninsured, a lawsuit will likely be your best bet.
Whether your situation involves an insurance claim, a personal injury lawsuit, or both, you have options to seek rightful compensation. Getting help from a skilled legal advocate can ensure you understand your rights and go down the best path for your situation.
Potential Compensation for Bicyclists Injured in Bicycle Accidents
Compensatory damages can help provide financial recovery to cover your accident-related expenses and losses. Based on the specifics of your case, you can be entitled to receive compensation for:
- Present medical bills
- Anticipated medical expenses
- Therapy and rehabilitation
- Lost earnings
- Diminished earning potential
- Emotional distress
- Pain and suffering
- Disability
- Loss of enjoyment of life
The value of your bicycle accident claim depends on many critical factors, such as the severity of your injuries, how your injuries have impacted your life, and the total cost of your medical treatment. Understanding how much your case is worth can ensure you get the settlement you deserve.
How a Bicycle Accident Attorney Can Help
Bicycle accident claims can be challenging to navigate and may involve several complexities. A bicycle accident lawyer has the experience, knowledge, and skills necessary to handle your claim timely and efficiently.
When you hire a lawyer, you don’t have to worry about handling your claim alone. Your attorney can take over and handle all case-related tasks, from investigating your accident and calculating your damages to communicating with the insurance company and engaging in settlement negotiations.
Having an accident attorney on your side means having a strong legal ally from beginning to end.
Injured in a Bike Accident? Call a Missouri Bicycle Accident Lawyer Today
Missouri law features many rules concerning bicycles. These laws exist to protect bike riders while riding on the roads, but also in the event of a collision. If you’re a bicyclist injured in an accident, you can trust that the law in Missouri affords protections to pave the way toward justice and favorable compensation.
Consult a Cape Girardeau, MO personal injury attorney to learn about your rights under the law today.