Riding a bicycle benefits both the body and mind. Unfortunately, the NHTSA reports that auto accidents caused 738 cyclist deaths in a recent year.
Understanding how most bicycle accidents happen can help us understand how to prevent more of these tragedies in the future.
Speak to a bicycle accident attorney in your city today if a car hit and injured you on your bicycle recently. You can recover compensation for your medical expenses, lost income, pain and suffering, and more.
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Sobering Bicycle Accident Statistics
An unprotected human body can be devastated by a motor vehicle hitting it, especially at high speed. Unfortunately, even the most cautious bicyclists can find themselves hitting the pavement or an automobile in an accident. This problem is rising in the U.S. as the population rises and more vehicles hit the road.
The number of deaths from bicycle accidents in the U.S. increased by 10 percent in a prior year and has risen 47 percent in the last decade. Also, the number of injuries from bicycle accidents has fallen from 493,000 to 337,000 over the past decade.
Bike accident deaths tend to increase in the summer months and begin to decline in November. The highest number of bicycle deaths occurred in August, with 156 reported nationally, while January saw the fewest, with 73 deaths.
Out of the 1,360 cyclist fatalities, 930 resulted from car accidents and 432 from other types of accidents. Men were 87 percent of biker deaths and died at eight times the female death rate.
If a car hits you while you’re on your bike, seek immediate medical attention and contact a lawyer. The driver’s insurance adjuster may not offer sufficient income for your losses, but a bike accident attorney skilled in settlement negotiations will demand maximum payment for your damages.
How Most Bicycle Accidents Happen
Bicycle accidents happen for many reasons, most of which involve a negligent motor vehicle driver.
If any of the following driver actions injured you on your bicycle, speak to a personal injury lawyer immediately:
- Distracted driving: is one of the top causes of all bicycle accidents. All drivers owe a duty of care to bikers, motorists, and pedestrians to drive safely. However, cell phones, conversations, adjusting the GPS or radio, or eating and drinking distract many drivers. They may not see a bicyclist and cause a serious accident.
- Unsafe lane change: Many biking accidents happen because drivers make dangerous lane changes without looking for bikers. Drivers may not look in mirrors and check their blind spots, which can cause a serious or fatal crash with a biker.
- Open car door: Serious bicycle accidents can happen when a driver or passenger opens the vehicle door into the biking lane. This serious accident is common on a busy street where bikers ride next to parked vehicles.
- Not yielding at intersections: Vehicles must yield to other traffic at red lights and stop signs. However, sometimes drivers don’t stop, and this can kill a bicyclist.
- Intoxication: People under the influence of drugs or alcohol are dangerous on the roads. Unfortunately, bikers can bear the worst effects of these hazards on our roads. The legalization of marijuana in some states may mean there are more drivers under the influence, and bicyclists are in more danger than ever.
- Speeding: Drivers in a rush to get to their destinations can cause a bicyclist severe or fatal injury. All drivers must drive the speed limit.
Common Bicycle Accident Scenarios
Distraction, intoxication, and aggressive driving can lead to bicycle accidents. But let’s look closely at common biking scenarios that may lead to severe accidents.
In most cases, the vehicle driver is at fault, so the bicyclist can receive compensation in a personal injury lawsuit:
- A motor vehicle cuts off a bicyclist when entering a roadway or driveway or making a dangerous turn. You may crash into the front or side of the vehicle in these instances. State law requires the driver to yield before attempting to pass you.
- A motor vehicle rear-ends a bicycle at a stop sign or in a bike lane.
- The driver of a car opens the door into the biker’s path. Most states have anti-dooring laws, making opening a door into a biker’s path a crime.
- A driver doesn’t stop at a stop sign or red light, slamming into a bicyclist.
- A car driver doesn’t see an oncoming bicyclist when turning left.
- A passing car sideswipes a bicyclist and runs them off the road or even over. Drivers are required to provide sufficient space to bicyclists when passing.
- A car turns right when passing the bicyclist, causing the biker to be hooked and struck. Drivers must yield when attempting to turn right and pass a bicyclist.
Also, several common accident scenarios exist where another driver wasn’t at fault.
But it’s still possible in some instances to file a claim for damages, depending on the case details:
- A biker collides with construction debris on a road, such as concrete, gravel, or road signs. The construction company, state, or local government can be liable for improper road maintenance.
- When a bicyclist runs into another bicyclist, cyclists must follow the same laws as drivers so that they can sue the other cyclist for damages.
- A cyclist falls off their bike and suffers an injury because of a dog attack. The dog owner can be liable for your injuries.
- A cyclist falls from their bike because of an improperly designed or maintained road.
A personal injury attorney can review your accident scenario to determine if the driver was at fault. If so, your attorney will gather all necessary evidence to prove that the driver violated their duty of care and injured you.
How to Prove Fault in a Bicycle Accident
Obtaining compensation in a bicycle accident claim means proving another party was negligent and caused your injuries.
The four elements of proving negligence are:
- The driver owed you a duty of care to drive safely, obey traffic rules, and not injure you.
- The driver violated their duty of care by turning left in front of you, for example, causing an accident.
- You suffered an injury in the accident caused by the driver’s breach of the duty of care.
- You have damages related to your injuries, such as medical bills and lost earnings.
Frequent Bicycle Accident Injuries
When a car hits a bicyclist, the injuries are almost always serious. When up against a car or SUV, your bicycle provides no protection, especially if you aren’t wearing a helmet. When you’ve suffered an injury in a bike crash, get medical attention immediately and speak to a personal injury attorney for fair compensation.
A bicycle accident attorney can ensure you receive compensation for many types of injuries:
- Neck and spine injuries
- Broken bones
- Internal organ damage
- Joint injuries
- Nerve damage
- Torn ligaments
- Brain injuries
- Road rash
- Paralysis
- Broken teeth or jaw
- Facial scarring
Many bicycle crash injuries involve hundreds of thousands in medical expenses. Most people cannot afford this level of care, so they need a fair accident settlement for their health and future.
How Much Compensation Can You Receive In A Bicycle Accident Claim?
The compensation for your bicycle accident depends on many factors. Of course, you want to get the largest settlement possible for your serious injuries and related losses.
Your bicycle accident lawyer will work tirelessly to maximize your payout based on:
- The severity of your injuries: Unfortunately, injuries can be severe when a motor vehicle strikes a cyclist. Your compensation may be higher if you have a severe injury, such as brain trauma or a spine injury. On the other hand, a sprained wrist injury will lead to less compensation.
- The complexity of medical treatments: Did you break your back in a bike accident? You can have months or years of medical treatments, and your compensation will reflect your more extensive medical care. However, someone treated and released from the ER will have a lower case value.
- Amount of insurance: Many drivers only carry minimal insurance, such as $30,000 per accident for bodily injury. Your payout might not reach its full potential unless the person has substantial assets that you can pursue in a lawsuit.
- Settlement or trial: Many injury victims take a settlement because it is money they are assured of and generally receive faster than going to trial. However, a settlement is usually for less than the full case value. Or, you can take a strong case to trial when the insurance company doesn’t offer a fair settlement. You may get more money, but you also can get nothing. Also, going to trial takes longer than a settlement.
- Fault: Was the driver entirely at fault? Your compensation will be higher than if you were partially to blame for the bicycle accident.
How Will a Bicycle Accident Attorney Help You?
Retain a skilled personal injury attorney immediately if you suffered an injury in a bicycle accident by another party’s negligence.
A bicycle accident attorney will do many things during your case to ensure you get the most money for your losses:
- Prove that another person’s or entity’s negligence injured you. The other party and their insurance company will likely contest your claim, so the attorney you hire must build a strong case with the evidence. Your attorney can build a robust case to ensure you get the money you need.
- Understand the nature of your injuries and prognosis. It often isn’t enough to receive compensation for your current medical expenses. A bicycle accident injury may require months of medical care and therapy. Your attorney can estimate future medical needs accurately so you have all the money you need for the best recovery. Your lawyer will work closely with your medical team to understand your needed care.
- Negotiate with the liable insurance company to maximize your financial recovery. Insurance companies want to pay as little as they can get away with or deny a claim outright. Your attorney knows approximately what a case with your degree of injuries and damages is worth and won’t settle for less than you deserve.
- Handle all case paperwork and administration. When seriously hurt, the last thing you want is to worry about haggling with insurance adjusters and doing legal and administrative paperwork. Your bicycle accident attorney will oversee the entire case and handle everything from start to finish. You can focus on your recovery.
- If settlement negotiations falter, take the case to court with a personal injury lawsuit. A strong personal injury lawyer is adept at both insurance settlements and court litigation. Hiring an attorney who is a professional at both ensures that you receive the most money, whether in a settlement or trial.
- Provide ongoing legal and emotional support. Any time you have a question about your case, your bicycle accident lawyer is just a call or email away. The best personal injury attorneys will get back to you the same day or faster. Your attorney frequently handles serious injury cases, and they can provide you with much-needed support during this difficult time. They know what you’re going through.
- Obtain medical care. A common problem with serious injury victims is finding doctors who will treat them and wait for payment until the case settles. Your bicycle accident attorney may have a network of medical professionals who will establish a medical lien to compensate them at the end of your case. You’ll get the care you need with minimal out-of-pocket expenses.
Speak to a Bicycle Accident Attorney
A bicycle accident frequently causes severe injuries. You should always retain a bicycle accident attorney if someone caused the accident that injured you.
Speak to a personal injury attorney in your city today for a complimentary consultation. You can be entitled to compensation for your medical bills and other losses.
A bicycle accident lawyer will review the details of your accident at no charge and tell you if you should pursue a case. Personal injury attorneys work on a contingency basis, so you don’t pay if you don’t win. Don’t delay, get the results you deserve, call today.