Bicycling has become a widely embraced mode of transport, chosen by many for leisure, exercise, and daily commutes. While cyclists are expected to adhere to traffic laws and ride safely, it is equally crucial for motor vehicle drivers to share the road responsibly, avoiding harm to others. Despite these shared responsibilities, bicycle accidents are on the rise, often resulting in severe injuries.
Causes of Bicycle Accidents:
Various factors contribute to bicycle accidents, with driver negligence being a prominent cause, including:
- Distracted driving
- Sideswiping
- Rear-ending
- Drifting into a bike lane
- Backing up
- Pulling out into traffic
- Running stop signs or traffic lights
- Opening car doors
Simultaneously, cyclists are obligated to follow local and state traffic laws, exercising due care to prevent injuries. This involves stopping at traffic signals, refraining from riding on sidewalks, and adhering to safety rules such as wearing helmets and using proper turn signals. Bicycles should be equipped with reflectors, working brakes, and lights at night, with failure to do so potentially impacting injury claims due to contributory negligence.
Common Bicycle Accident Injuries:
Collisions or accidents can result in serious injuries for cyclists, including:
- Broken bones and fractures
- Lacerations and bruises
- Neck and spine injuries
- Nerve damage
- Jaw and facial injuries
- Paralysis
- Traumatic Brain Injuries
Bicycle Accident Negligence Claims:
Negligence on the part of a driver, failing to exercise proper caution and avoid hitting a cyclist, can lead to a valid claim. Demonstrating that the driver breached their duty not to injure others is essential for a successful claim. A traffic violation relative to the accident can establish “negligence per se.” Claims without a traffic violation rely on eyewitness testimony or other evidence of the driver’s negligence.
In addition to driver-related claims, bicycle accidents can result from poorly maintained streets and sidewalks or mechanical defects, leading to lawsuits against responsible parties.
Recovering Damages in a Bicycle Accident:
Negotiating settlements with insurance companies is a common aspect of bicycle accident cases. However, insurers often attempt to settle for minimal amounts, necessitating the involvement of an attorney. If a reasonable settlement is not offered, litigation may be required. Injured bicyclists may be entitled to damages, including lost wages, medical expenses, and pain and suffering. Cases involving traffic law violations or driving under the influence may allow for punitive damages.
A comprehensive investigation, evidence collection, witness interviews, and expert analysis are crucial for a successful bicycle accident claim, highlighting the importance of consulting a skilled attorney.