Most bicycle accidents happen when drivers fail to observe the road or violate a safety-related traffic law. In most cases, a cyclist has no chance to stop a crash from happening.
If you suffer injuries in a bike accident that resulted from another driver’s negligence, you can file a claim with the responsible driver’s insurance company. In addition, you can file a lawsuit directly against the at-fault driver.
When you file a personal injury claim—or a lawsuit in court—the at-fault driver’s insurance company must pay your monetary damages. The insurance company is on the line up to the limits of available insurance coverage. If the at-fault driver did not have motor vehicle insurance, or if they had inadequate insurance to compensate you for your losses, you can file a first-party insurance claim with your own insurer.
If you suffered injuries in a bicycle crash that occurred because of another driver’s negligence, a skilled bicycle accident lawyer in your area can review your legal options and the circumstances surrounding your accident with you.
Your lawyer can help you decide whether you are eligible to pursue a personal injury claim or lawsuit with the responsible driver’s insurance company or with your own insurance company. If you are eligible to move forward, your lawyer can assist you throughout the claim and work to get you the monetary benefits and damages you need to recover for your accident-related losses.
How do Bike Accidents Usually Happen?
Bicycle accidents frequently happen because of other drivers’ negligence. When drivers make mistakes and violate traffic laws while they are behind the wheel, they should be accountable for any accidents and injuries that they cause.
Some of the most common causes of bicycle accidents include:
- Impaired driving. When a driver consumes too much alcohol or drugs, they have significantly less control over their faculties and may experience blurred vision and other physical symptoms. Their concentration and reflexes may also become impaired, and they may be unable to stop their vehicle in time to avoid hitting a bicycle. Passenger vehicle drivers with a blood alcohol concentration, or BAC, of at least 0.08 percent are per se intoxicated. In addition to being subject to arrest for driving under the influence (DUI), offending drivers and their insurance companies may have to pay bicycle accident victims monetary damages in a civil case to compensate them for their losses.
- Speeding. When a car or truck operator significantly exceeds the speed limit, they may be unable to control their vehicle or stop quickly. They are also less likely to see an oncoming cyclist in time and may cause a severe collision if they are driving too fast.
- Failing to use turn signals. Vehicle drivers may also cause bicycle accidents when they fail to execute the proper turn signals when making a turn or switching lanes. If a driver is switching lanes in heavy traffic—and fails to perform the appropriate turn signal—they may cut a cyclist off in an adjacent lane or bicycle lane, causing the cyclist to fall off their bike and suffer serious injuries.
- Inattentive driving. Bicycle accidents also happen when drivers drive in a distracted or careless manner. Distracted driving can take several forms, but it usually involves taking one’s eyes off the road and focusing on an electronic device in the vehicle, such as a GPS navigation system, tablet, or cellular phone. All of these devices can prove distracting and may prevent a vehicle driver from seeing a nearby cyclist on the road.
- Aggressive driving. Finally, bicycle accidents sometimes occur when drivers drive aggressively and recklessly. Many drivers are in a hurry to get to their destinations and resort to tailgating other vehicles, including bicycles. An overeager driver might also weave in and out of heavy traffic or fail to use a turn signal, cutting a cyclist off in traffic and causing them to fall off their bike.
If you suffered injuries when another driver hit you on a bicycle, a knowledgeable bicycle accident lawyer in your area can review your legal options and determine your eligibility for filing a claim or lawsuit. If you are eligible to take legal action, your lawyer can assist you during every stage of your case and work to get you the total monetary compensation you deserve.
What Are Some Common Bike Accident Injuries?
In a bike accident scenario, many accident victims suffer debilitating, permanent, and sometimes deadly injuries. This is because bicycles—unlike cars and trucks—do not have a barrier between themselves and the road. If a car or truck hits a bike, the bicyclist may fall directly onto the road and suffer an injury.
Common injuries that bicyclists suffer in a crash include road rash, spinal cord injuries, full and partial paralysis, bruises, soft tissue contusions, bone fractures, rib fractures, and traumatic head and brain injuries, such as concussions.
Symptoms of many of these injuries, including traumatic head and brain injuries, are not always apparent right away. In fact, symptoms of specific injuries may not appear for days or weeks after a bicycle crash happens. Given this significant time lapse, it is vital that bicycle accident victims visit a hospital emergency room as soon as possible after their crash.
This initial visit will allow an accident victim the opportunity to get checked out—and for a medical provider to physically examine them and order the necessary diagnostic studies, including X-rays and MRIs.
At your initial medical visit, the medical provider can determine if you need additional medical treatment. If you do, the provider can make the necessary recommendations, and you should follow through with any recommended further treatment. In the meantime, a knowledgeable bicycle accident lawyer advocating for you can start gathering the necessary legal documents and pursuing the monetary compensation you deserve.
When to Settle versus Litigate a Bike Accident Case
When you retain legal counsel to represent you in your bicycle accident case, they will assemble a settlement demand package and draft a settlement demand letter on your behalf. Your lawyer can then submit these documents to the appropriate insurance company adjuster and try to work out a favorable settlement for you.
Many insurance companies and their adjusters want to resolve bicycle accident claims as quickly and cheaply as possible. This saves the insurance company money, but it does not ensure you recover the total damages you deserve for your injuries. A skilled bicycle accident lawyer can negotiate with the insurance company several times if necessary and threaten them with litigation if they do not offer you favorable monetary damages.
Moreover, if the insurance company disputes fault for your bike accident, your lawyer can file a lawsuit on your behalf, and they can litigate your case at a civil bench or jury trial in the court system. Your lawyer can help you decide whether you should settle a case or take it to a trial in the court system, depending upon the unique circumstances of your bicycle accident case.
What Do I Need to Prove in a Bike Accident Claim or Lawsuit to Recover Monetary Damages for My Injuries?
If you file a bicycle accident claim or lawsuit, you will need to prove various legal elements to recover the total monetary compensation you’re entitled to receive. First, you must demonstrate that another driver behaved irresponsibly under the circumstances by violating their legal duty of care to you.
The at-fault driver might have violated a traffic law, engaged in distracted vehicle operation, exhibited road rage, or operated their vehicle while intoxicated. You must also demonstrate that this violation was both the actual and foreseeable cause of your bicycle crash.
Next, you must show that you sustained at least one physical injury in your bike accident and that the accident was the cause of your injury. To help you establish this medical nexus, your lawyer can appoint a qualified medical expert to testify on your behalf at a deposition—or live in court as a witness.
What if the At-fault Driver Didn’t Have Motor Vehicle Insurance?
In some cases, drivers who cause bicycle accidents do not have the necessary motor vehicle insurance coverage to compensate an accident victim for their injuries. Although drivers should always carry minimum insurance policy limits when they operate a vehicle, sadly, that does not always happen. In those instances, an accident victim can turn to their own insurance company and file a claim for first-party benefits. We call these claims uninsured motorist claims.
Alternatively, in some bicycle accident scenarios, the at-fault driver may have some insurance coverage, but it might not be sufficient to compensate the accident victim for the full amount of their losses and damages. In that instance, the accident victim can still turn to their own insurance company, but they should instead file an underinsured motorist claim rather than an uninsured motorist claim.
Your lawyer can help you determine which insurance policy applies to your case and file the appropriate claim or lawsuit in court on your behalf.
What if the At-fault Driver Didn’t Have Motor Vehicle Insurance?
In some cases, drivers who cause bicycle accidents do not have the necessary motor vehicle insurance coverage to compensate an accident victim for their injuries. Although drivers should always carry minimum insurance policy limits when they operate a vehicle, sadly, that does not always happen. In those instances, an accident victim can turn to their own insurance company and file a claim for first-party benefits. We call these claims uninsured motorist claims.
Alternatively, in some bicycle accident scenarios, the at-fault driver may have some insurance coverage, but it might not be sufficient to compensate the accident victim for the full amount of their losses and damages. In that instance, the accident victim can still turn to their own insurance company, but they should instead file an underinsured motorist claim rather than an uninsured motorist claim.
Your lawyer can help you determine which insurance policy applies to your case and file the appropriate claim or lawsuit in court on your behalf.
What Damages Can I Recover as Compensation for my Bike Accident?
If someone operates their vehicle in a negligent manner and hits you while riding a bike, you may be entitled to receive various damages. Generally speaking, the more serious a bike accident victim’s injuries, the higher the monetary compensation they can recover in a personal injury claim or lawsuit that arises from their accident.
Other factors that influence a total monetary damage award include:
- The pain and suffering that the bike accident victim experienced
- Whether the accident victim suffered a permanent or disfiguring injury
- Whether the accident victim had to miss time away from their job to attend medical appointments and recover from their injuries.
First, accident victims can receive compensation for their loss of the ability to use a specific body part, such as a hand, arm, leg, or foot, due to a full or partial paralysis injury. The same is true if they suffered a spinal cord injury that limits bodily use or feeling.
Next, an accident victim can receive monetary damages for their loss of life enjoyment if their activity levels and quality of life significantly decline due to their bike-accident injuries. They can also claim past and future pain, suffering, and inconvenience due to their injury-related symptoms.
If a bike accident victim had to miss time from work to seek medical treatment and recover from their injuries, they can bring a lost wage claim. Likewise, they can file a claim for loss of earning capacity if their injuries and other accident-related losses prevent them from working at their current job, and they must take a pay cut. Finally, accident victims can claim loss of spousal consortium if their injuries limit their ability to be intimate with their spouse.
A skilled bike accident lawyer in your area can help you negotiate a favorable settlement—or litigate your case in the court system—to recover one or more of these types of monetary damages.
Speak With a Bike Accident Lawyer Near You Today
If you suffered injuries in a bike accident, time is of the essence. Since bicycle accident victims only have two years from their accident date to file a personal injury claim or lawsuit, you should take the necessary legal action sooner rather than later. You should focus on recovering from your injuries while your lawyer handles your legal problems.
Once Personal Injury Lawyers in Edmonton file a lawsuit in the court system on your behalf, they may continue their settlement negotiations with the insurance company and assist you throughout the litigation process. Moreover, if your case needs to go to a civil jury trial or binding arbitration hearing, your lawyer can represent you at those hearings, call witnesses on your behalf, and introduce the necessary evidence to prove your entitlement to monetary damages.
