Negligent drivers sometimes cause collisions with bicycles and then immediately leave the scene. This type of illegal action is called a hit-and-run.
If you are involved in a hit-and-run bike accident, it’s important that you seek ongoing medical treatment for your injuries, gather documentation, and speak with a knowledgeable bicycle accident lawyer right away. Your lawyer will go over your legal options with you, pursue an uninsured motorist claim, negotiate with insurance company adjusters, and, if necessary, litigate your case to a resolution in court.
How Do Hit-and-Run Drivers Cause Bicycle Accidents?
Hit-and-run bicycle accidents are a serious problem that endangers cyclists and makes it difficult for them to get justice. In these accidents, a driver hits a cyclist and then leaves the scene without stopping to help or provide their information. There are several common ways that hit-and-run drivers cause bicycle accidents, often due to reckless behaviour, negligence, or lack of awareness.
One major cause is drivers failing to yield the right-of-way to cyclists. This frequently happens at intersections or when a cyclist is in a designated bike lane. A driver may make a turn without first checking for a bicyclist, cutting them off and causing a collision. Some drivers may misjudge a cyclist’s speed or assume they can pass quickly, leading to a crash. Instead of stopping to take responsibility, some drivers panic and flee the scene.
Another common cause is distracted driving, which has become more frequent with the rise of smartphones and in-car technology. A driver who is texting, adjusting their GPS, or changing music may not see a cyclist until it’s too late. When a driver realizes they have hit someone, fear of legal consequences may push them to drive away instead of stopping to help.
Speeding and reckless driving also contribute to many hit-and-run bicycle accidents. When a driver is moving too fast, they have less time to react to cyclists. In areas where bikes and cars share the road, a speeding driver may be unable to stop in time to avoid hitting a cyclist. Additionally, reckless drivers who weave through traffic or ignore traffic signals put cyclists at greater risk. A driver who knows they were speeding or breaking the law may flee the scene to avoid penalties.
Driving under the influence of alcohol or drugs is another leading factor in hit-and-run bike accidents. Impaired drivers experience reduced reaction times, poor judgment, and difficulty staying in their lanes. If a drunk or high driver hits a cyclist, they may be too confused or scared to stop. They may also leave the scene to avoid arrest for driving under the influence.
If you sustained injuries in a hit-and-run bike accident, a knowledgeable bicycle accident lawyer will evaluate your circumstances and determine your available legal options.
Most Common Injuries that Bicyclists Suffer in Hit-and-Run Accidents
Bicyclists involved in hit-and-run collisions often suffer serious injuries because they have little protection compared to motorists. Unlike cars, which have seat belts, airbags, and a metal frame to absorb impact, cyclists only have helmets and sometimes padding. When a vehicle collides with a bicycle, the force of the crash can throw the cyclist onto the pavement, into another object, or even under another vehicle. The most frequent injuries in these accidents range from minor cuts and bruises to life-threatening conditions.
One of the most common injuries is head trauma, including concussions and traumatic brain injuries (TBIs). Even if a cyclist is wearing a helmet, a strong impact can still cause brain damage. TBIs can lead to memory loss, difficulty concentrating, mood changes, and, in severe cases, permanent cognitive impairment. Concussions may cause dizziness, nausea, and long-term headaches.
Broken bones and fractures are also frequent in hit-and-run accidents. Cyclists often suffer fractures in their arms, legs, collarbones, and ribs due to the force of the crash. In some cases, these injuries require surgery and months of rehabilitation. A broken rib can be especially dangerous because it may puncture a lung or cause internal bleeding.
Spinal cord injuries can have devastating effects, sometimes leading to partial or complete paralysis. If a cyclist lands on their back or neck, the vertebrae may become damaged, affecting their ability to move or feel sensations in parts of their body. Even less severe spinal injuries can cause chronic pain and mobility issues.
Another common injury is road rash, which occurs when a cyclist slides across the pavement after being hit. This type of abrasion can remove multiple layers of skin, leading to infections, scarring, and nerve damage. Severe cases may require skin grafts or other medical treatments.
Cyclists may also experience internal injuries, which are particularly dangerous because they are not always immediately obvious. Damage to the liver, spleen, or kidneys can cause internal bleeding, which may become life-threatening without prompt medical attention.
If you suffered one or more of these injuries in a hit-and-run bicycle accident, a skilled lawyer can handle your case while you focus on recovering from your injuries.
Steps to Take if a Hit-and-Run Driver Strikes You or Your Bicycle
Being the victim of a hit-and-run bicycle accident can be overwhelming, but taking the right steps afterward is crucial for protecting your health and legal rights. If a driver strikes you and flees the scene, following these steps can help you recover physically and financially.
Seek Medical Attention and Follow All Treatment Recommendations
Your health should be the top priority. Even if you feel fine immediately after the accident, some injuries, such as concussions or internal bleeding, may not show symptoms right away. Once you begin treatment, it’s essential to follow all medical recommendations. Attend follow-up appointments, take prescribed medications, and complete any physical therapy or rehabilitation. Failing to follow your doctor’s advice could slow your recovery and weaken your case for compensation.
Obtain a Copy of the Police Report
After a hit-and-run accident, law enforcement will investigate the scene. It’s important to file a police report as soon as possible, providing details such as the vehicle’s make, model, colour, and any part of the license plate number you remember. If there were witnesses, their statements may help officers track down the driver. Once the report is filed, request a copy. This document is valuable evidence when dealing with insurance companies or pursuing legal action.
Gather Medical Records and Other Documentation
Keeping detailed records is critical for building a strong case. Collect copies of all medical reports related to your injuries and treatment. If your injuries prevent you from working, obtain proof of your lost income. Photos of your injuries, damaged bicycle, and the accident scene can also support your claim. Additionally, if you experience ongoing pain, mobility issues, or emotional distress, keeping a journal about your recovery can provide further evidence of the accident’s effect on your life.
Speak with a Skilled Bicycle Accident Lawyer Right Away
A hit-and-run accident can be legally complex, and having an experienced bicycle accident lawyer on your side can make a significant difference. A lawyer can navigate insurance claims (such as a claim through an uninsured motorist policy), negotiate settlement offers, and explore other compensation options. They can also investigate the accident, working with experts to identify the driver and hold them accountable. Consulting with a skilled lawyer ensures that your rights are protected and increases your chances of receiving fair compensation for your injuries and damages.
How to Prove a Hit-and-Run Bike Accident Case
Proving the legal elements of a hit-and-run bicycle accident case requires strong evidence and a clear understanding of the law. To hold the responsible driver accountable or secure compensation through insurance or a lawsuit, a victim must establish several key legal elements. These elements include duty of care, breach of duty, causation, and damages.
Duty of Care
The first element in a hit-and-run bicycle accident case is proving that the driver owed the cyclist a duty of care. In legal terms, all drivers have a responsibility to drive safely and follow traffic laws to prevent harm to others. This duty includes obeying speed limits, yielding to cyclists when required, checking blind spots before turning and stopping at the scene of an accident. Since cyclists have the same right to use the road as motor vehicles, drivers must exercise caution and respect their presence.
Breach of Duty
Once a duty of care is established, the next step is proving that the driver breached this duty. A breach occurs when a driver acts negligently or recklessly, causing harm to a cyclist. Common examples include speeding, distracted driving, running a red light, failing to yield, or driving under the influence of alcohol or drugs. In hit-and-run cases, leaving the scene without stopping or providing assistance is itself a serious violation of the law and a clear breach of duty. Evidence such as witness statements, traffic camera footage, or accident reconstruction reports can prove that the driver acted negligently.
Causation
The third element is establishing that the driver’s breach of duty directly caused the cyclist’s injuries. This means showing that if the driver had acted responsibly, the accident would not have happened. Medical records, accident reports, and expert testimony from accident reconstruction specialists can connect the driver’s actions to the cyclist’s injuries.
Damages
The final element involves proving damages, which refer to the physical, emotional, and financial losses the cyclist suffered. This can include lost earnings from missing work, pain and suffering, and emotional anguish. Keeping detailed records, obtaining a copy of the police report, and documenting the effects of injuries on daily life are all important for proving damages.
By gathering strong evidence and working with a skilled lawyer, victims of hit-and-run bicycle accidents can successfully prove these legal elements and seek justice.
Recoverable Compensation for a Hit-and-Run Bicycle Accident
If you suffered an injury in a hit-and-run bike accident, you may be entitled to compensation for your various losses. The compensation you can recover is to address the full effect of the accident on your life, including your physical pain, emotional suffering, lost income, and overall well-being.
First, if your injuries prevent you from working, you may be entitled to compensation for lost income. This includes income you missed while recovering, whether for days, weeks, or even months. In more serious cases, if your injuries prevent you from returning to your previous job or force you to take a lower-paying position, you may also be eligible for compensation for loss of earning capacity. This means you can receive damages for the difference between what you earned before the accident and what you are now able to earn due to your injuries.
One of the most significant losses in a hit-and-run bicycle accident case is pain and suffering. This refers to the physical pain and emotional distress resulting from the accident and the injuries sustained. Unlike lost earnings, pain and suffering compensation is more subjective and depends on the severity of the injuries and how they affect the victim’s daily life. Chronic pain, permanent disabilities, and the inability to enjoy hobbies or activities can increase the amount awarded for pain and suffering.
A hit-and-run accident can be a traumatic experience, leading to emotional distress and mental anguish. Many victims suffer from anxiety, depression, post-traumatic stress disorder (PTSD), or sleep disturbances after a serious accident. Compensation for emotional distress acknowledges the psychological toll of the accident and how it affects a victim’s daily life, relationships, and mental well-being.
Severe injuries can limit a person’s ability to participate in activities they once enjoyed, such as sports, exercise, social events, or spending time with family. Compensation for loss of life enjoyment is intended to account for these changes and the overall reduction in the victim’s quality of life.
While financial compensation cannot erase the trauma of a hit-and-run bicycle accident, it can help victims recover and move forward by easing their burdens and providing financial stability during a difficult time.
Contact an Experienced Bicycle Accident Lawyer Today
If you recently sustained injuries in a hit-and-run bike accident, a knowledgeable personal injury lawyer can be extremely helpful. Your lawyer may file an uninsured motorist claim on your behalf, negotiate with the insurance company – and, if necessary, pursue litigation – to maximize the compensation you recover for your injuries.
