Usually, when one moving object hits another, we tend to think that the person on the striking end of the collision is at fault. However, a bicycle hitting a car does not necessarily mean the biker is at fault. There are many cases when a motorist (or other parties, not including the bicyclist) are at fault for a car-on-bike accident.
For instance, consider that a motorist proceeds through an intersection in which a bicyclist has the right of way. Even if the biker hit the side of the vehicle, the motorist would be at fault for the accident. If you are involved in an accident as a bicyclist, hire a bicycle accident lawyer to prove someone else’s fault and fight for the compensation you deserve.
Bicyclists Are Most Likely to Be Injured in a Collision with a Car (and Are Not Typically at Fault)
Bike riders are most likely to be injured in collisions with motor vehicles, arguably for obvious reasons that include:
A Lack of Immediate Protection
Beyond a helmet, bicyclists have little protection when a motor vehicle hits them. Riders are also at great risk during traffic accidents because:
- Bikes’ two wheels means that, when an accident happens, riders will almost certainly fall off the bike and strike the ground
- Riders face a risk of being run over during or after the initial accident
- Riders often suffer road rash and other secondary injuries because they have little protection
- Not all riders wear helmets (and this should not be held against them during any insurance claim or lawsuit)
These realities are reasons why bicyclist deaths have increased significantly in recent years. These are also reasons why, even if a rider survives, they may face substantial medical bills and other life-changing hardship.
The Fragility of the Human Body
The human body can only withstand so much pressure, force, wear, and tear before injuries occur. Body parts that can sustain injury during a bicycle accident include:
- Hands
- Arms
- The face
- Internal organs
- Joints
- Legs
The head and brain are especially vulnerable body parts, as head injuries tend to be the most serious type among riders killed because of traffic accidents. That said, any injury suffered during a bicycle accident has the potential to be expensive, painful, and psychologically draining.
The Weight and Speed of Motor Vehicles
Motor vehicles weigh thousands of pounds, with trucks being especially heavy. These multi-ton vehicles can also travel at dangerous speeds, meaning bicyclists stand little chance of emerging unscathed when a vehicle strikes them.
These are all reasons why motorists must exercise abundant caution to avoid striking bike riders. When motorists fail in this duty or other circumstances lead to a bicycle accident, the victim should hire a lawyer who will demand fair compensation for medical expenses and other damages.
Motor Vehicle Drivers Must Grant Bicycle Riders the Right of Way (and Exercise Caution Even When Riders Are in the Wrong)
When bicycle accidents happen, victims should not be surprised if liable parties accuse the bicyclist of negligence. Such accusations are generally meant for liable parties to avoid paying the compensation the injured rider deserves.
Your attorney will point out that:
- Injured riders are often hurt not because of their own actions but because of the negligence of others (like motorists)
- Motorists have a strict duty to avoid hitting bicyclists, who have a right to share the roads with motorists
Your attorney will document the cause of the accident, which may have been:
- A motorist engaging in dangerous acts like speeding, tailgating, and driving in the bike lane
- A motorist being impaired by drugs or alcohol
- A motorist being tired
- A motorist driving while distracted
- A motor vehicle manufacturer producing a defective vehicle
- A municipality creating, or failing to rectify dangerous road conditions
Many types of evidence, from witness testimony to video, can prove that you were not at fault for the accident. The same evidence should prove that another party caused the collision that has left you injured (or without a loved one).
What to Do as a Rider Injured in a Collision with a Car
Injured cyclists should hire an attorney as soon as possible. Nothing should come before a visit to a doctor for a complete evaluation. Next, though, should be your calls to law firms representing injured bike riders.
It is important that you hire your bike accident lawyer as soon as possible because:
- Your lawyer needs to secure evidence immediately: Municipalities may erase traffic camera video shortly after a bike accident. Witnesses may become unreachable or may not recall the details of an accident if you do not contact them right away. These are two good reasons to hire your bike accident lawyer as soon as possible.
- If you end up suing, there will be a filing deadline: States have laws that limit the time bike accident victims have to file lawsuits. Insurance companies also impose deadlines for reporting injuries. These deadlines should motivate you to hire your bicycle accident attorney as soon as you can.
- Liable parties may already be attempting to undermine your case: Representatives of insurance companies, as well as those responsible for causing bike accidents, can be shrewd. These parties may waste no time in trying to trip you up, dispose of evidence, or engage in other bad-faith practices meant to deprive you of the money you deserve. Your attorney will neutralize such bad-faith tactics.
Bicycle accident lawyers want to represent you. Firms’ representatives are always available for intake calls and free consultations. Therefore, there is no reason to wait before hiring a lawyer, and there are many reasons why waiting can negatively affect your case.
Bad-Faith Insurance Tactics Your Bike Accident Lawyer Will Immediately Protect You From
A lawyer’s protection from insurance companies is one of the many reasons to work with a bike accident attorney. Some of the specific bad-faith tactics your lawyer will protect you from are:
- Claims that you caused the accident: Even when it’s obvious that a bicyclist is not at fault for a collision, insurance companies may accuse them of careless or reckless operation of the bike. If you hit a vehicle, the insurance company may claim that this fact makes you liable for the collision. This allegation (that you’re at fault) may even lead the insurance company to deny your claim.
- Attempts to trip you up during recorded calls: Recorded phone calls can be dangerous. Insurance company representatives may ask leading questions, intentionally confuse you, and use other tactics as they attempt to have you admit fault. Your attorney may arrange for you to submit a written statement eliminating the risk of harmful errors.
- Lowball settlement offers: Bicycle accident victims facing medical bills and other financial burdens may be wooed by a quick cash offer. Insurance companies know this, so they often extend a lowball offer. If you accept such an offer and sign a release agreement, the insurance company will have no further financial liability. Your attorney will alert you to lowball offers and advise you not to accept (and, instead, to let them fight for all the compensation you deserve).
- Strategic claim delays: Insurance companies may delay a claim for multiple reasons. One of those reasons may be to pressure you to accept a lowball offer. Your lawyer will ensure the insurance companies move forward promptly or take legal measures to ensure they do.
Insurance companies are not harmless. Allow your bicycle accident lawyer to deal with them for you.
What to Do If You Lose a Loved One Because of a Bike Accident (This Tragic Outcome Is Far Too Common)
About 1,000 bicycle riders die each year in America because of injuries they suffer during traffic accidents. While those affected by these deaths are often suffering from grief, they are also deserving of justice. A wrongful death lawyer will represent you if you are the victim of a fatal collision between a car and your loved one.
It may be especially beneficial to hire a lawyer after a fatal bike accident because:
- Sudden losses (like those that happen when fatal collisions occur) can cause a uniquely difficult type of grief that demands a prolonged recovery period
- Wrongful death cases often require large financial recoveries for plaintiffs, and you may want a lawyer to build the strongest case possible
- Facing the details of your loved one’s fatal accident (a reality that comes with any wrongful death case) can be traumatic and, therefore, best left to your lawyer
Life does not stop when you lose a loved one, though your world will be forever changed. Spend time with loved ones, focus on your recovery, and continue to live your life while a lawyer handles the legal process for you.
Damages Injured Bicyclists Often Deserve Compensation For
When a victim survives a bike accident, they still suffer harm. Some types of damages that injured bicyclists often face because of their traffic accidents are:
Pain and Suffering
Your personal injury attorney and any mental health experts they hire to work on your case may diagnose:
- Lost quality of life
- Post-traumatic stress disorder (PTSD)
- Anxiety
- Depression
- Sleep disorders
If you have scars or other types of disfigurement because of the accident, this will also qualify as pain and suffering. If you seek counseling, need medication, or receive any other treatment for pain and suffering, your attorney will seek fair compensation for the treatment.
Damage to Their Bicycle (and Other Property Damage)
When someone damages your bike, clothing, phone, or any other personal property, they (or their insurance company) must pay for the damage. This can mean covering the cost of repairing or replacing the damaged items.
Medical and Rehabilitation Expenses
Those injured in bicycle accidents may need:
- Medical imaging (to diagnose brain injuries, broken bones, internal bleeding, and other ailments that are not visible)
- Surgery, which may be necessary to relieve brain pressure, stop internal bleeding, repair broken bones, or achieve other medical ends
- Hospitalization
- Medications
- Rehabilitation
- Medical equipment
- Other medical items and services
Attorneys work directly with medical providers. Your legal team will document your medical care, determine any future medical services you will need, and determine the financial cost of all accident-related treatment.
Professional Harm
Many bicyclists have to stop working following their accident. The nature and cost of your professional damages may depend on:
- The types of injuries you suffered during the accident
- The severity of your injuries
- Whether injuries qualify as disabilities
- The extent of your pain and suffering
- The demands of your job and the unique effects the collision has on your career
Your bicycle accident attorney may hire an economist if you are going to face long-term professional harm. It is critical that you receive fair compensation for both current and future professional damages, and your lawyer will consider such damages in their settlement demands.
What Bike Accident Lawyers Do to Secure Compensation for Their Clients
Let a bike accident lawyer take complete ownership of your case, including any insurance claims and lawsuits related to the crash. Lawyers are full-service advocates who:
- Obtain all evidence of negligence: Your attorney and their team members will obtain any evidence that proves or suggests who is at fault for the accident (which, in most cases, is a motorist).
- Document clients’ damages: Your lawyer will secure medical records, bills for bike repairs (or the purchase of a new bike), and all other documentation of your damages.
- Calculate exact and accurate case values: Your attorney will prepare settlement demands after they calculate exactly how much money you deserve.
- Negotiate on the bicyclist’s behalf: If the insurance company does not meet your lawyer’s settlement demands, negotiations will start.
- Handle lawsuits and trials: If insurance companies do not adjust their position and offer a fair settlement, your attorney can file a lawsuit and take your case to trial, if necessary.
Leave your case to your lawyer. Your focus should be on recovery.
The No-Risk Fee Agreement That Allows You to Hire a Skilled Lawyer Today
Your lawyer will only earn a fee if they secure a settlement or convince a jury to compensate you. You face no financial risk when you work with a bicycle accident lawyer, so hire your personal injury attorney as soon as possible.