Whether you ride for pleasure, exercise, or your daily commute, you can sometimes forget that bicycle accidents occur with alarming frequency. Therefore you and your loved ones need to be extremely careful when riding bicycles; and it's very important for you to know your legal rights if involved in any type of bike accident.
BIKE ACCIDENTS: SOME ALARMING FACTS
The US Centers for Disease Control and Prevention (CDC) reports that more than 1,000 people are killed and another 306,000 victims suffer injuries every year in the US. Plus, the nature of these incidents and size differential between vehicles puts you at a proportionately higher risk as compared to those injured while riding a motor vehicle.
Injury Facts sourcing the National Center for Health Statistics reports that of the 1,024 bicyclist deaths in 2018, 682 died in motor-vehicle crashes and 342 in other incidents. Additionally according to Injury Facts, The Consumer Product Safety Commission reports 424,350 emergency department-treated injuries associated with
bicycles and bicycle accessories in 2018. This estimate includes both preventable and intentional injuries.
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How Can Bicyclists Reduce the Risk of Personal Injury?
The National Highway Traffic Safety Association (NHTSA) has determined that:
"There are two main types of crashes: the most common (falls), and the most serious (the ones with cars). Regardless of the reason for the crash, prevention is the name of the game. There are things you can do to decrease your risk of a crash. First, know some bicycle safety facts:
- Regardless of the season, bicyclist deaths occurred most often between 6 p.m. and 9 p.m.
- Bicyclist deaths occur most often in urban areas (75%) compared to rural areas (25%) in 2017.
- Bicyclist deaths were 8 times higher for males than females in 2017.
- Alcohol was involved in 37% of all fatal bicyclist crashes in 2017."
Do Helmets Really Help Bicycle Riders?
The Bicycle Helmet Safety Institute (BHSI) offers the following summary for helmets in 2020:
"Concussion awareness is forcing all manufacturers to offer some form of technology claimed to mitigate rotational force in 2020. New helmet liners are pushing beyond the thin layer MIPS slip-plane and providing a thicker inner layer that can deform directionally.
Consumer Reports says your first consideration in buying a new helmet should be rotational impact energy performance. We think fit, coverage and a well-rounded smooth exterior are more important in the widest range of dangerous impacts.
Rotational energy in a crash can be reduced by a helmet's external shape. If your helmet has points in the rear you might want to consider replacing it with one of the newer, better rounded models.
Consumer awareness is also requiring new models with better coverage, mostly designated as "trail" designs. There are more smart helmets and more new e-bike helmets are appearing."
What Are the Common Causes of Bicycle Accidents?
There are numerous types of bike accidents and bike crashes that all riders need to keep in mind. Driver error is behind many of these incidents, which can often be traced to violations of traffic laws and general carelessness.
Types and causes of bike crashes include:
- Potholes and other road defects
- Door opening suddenly on the side of the driver or passenger ("Dooring")
- Rear-Ended by a passing vehicle
- Rear-Ended by a vehicle when merging across lanes to turn left
- Avoiding pedestrians walking in the way
- Drivers veering dangerously into bike lanes
- Hit and run car accidents
- Dangerous left hand turns
- Accidents caused by large trucks and buses
- Dog attack
- Left turning vehicle at an intersection
- Left turning vehicle through a gap in traffic
- Right turning vehicle traveling ahead of a cyclist
- Right turning vehicle overtaking a cyclist
- Side-swiped by a passing vehicle
- Vehicle entering the street from a driveway or parking space pulls into traffic in front of the bicyclist
- Vehicle that fails to stop at a stop sign or red light
- Vehicle whose driver is impaired by drugs or alcohol
In today's eco-conscious world, bicycles are used more than ever before. They save on gas, provide exercise, and are a way to travel without the stress of traffic. But more bikes on the roads and pathways means that more bike accidents are striking across the country at higher rates. It happens far more frequently than many people suspect. It is often only when you or a loved one is injured in a bicycle accident that the risks really hit home.
Not only do many underestimate the chance of getting hurt, but the seriousness of the accidents are often under-appreciated. It is not all bumps and bruises that heal in a few days. Bike accidents can cause serious, life-altering injuries. In some extreme cases they can even be fatal. That is why it is imperative that everyone does all in their power to prevent these accidents.
In addition, cell phone use while driving has drawn attention for years because of its tendency to cause all types of motor vehicle crashes, including bicycle accidents. Texting, talking on the phone, taking pictures, capturing video, and other use of cell phones is just as much of a danger to bike riders as others on the road. In fact, many bicycle accidents occur because drivers are too distracted to see the bicyclist riding near them.
Fortunately, the law provides injured cyclists with remedies as the victim of a bicycle crash, including the right to seek compensation from the responsible party. Injured bicyclists can turn to our bicycling attorney team at the Rothenberg Law Firm LLP who can assist at every stage of the complicated legal process, from filing an insurance claim to settlement negotiations to litigation. Please contact our office today to set up a free consultation with one of our bicycle accidents attorneys to determine your rights.
Bicycle Accident Injuries
A bicycle injury resulting from bicycle accidents and bicycle collisions can range from minor scrapes and bruises to tragically, much more serious injuries and even wrongful death fatalities.
A bicycle accident injury might include:
- Concussions
- Traumatic Brain Injuries
- Head Trauma
- Neck injuries
- Facial lacerations
- Spinal cord injuries
- Hand injuries
- Broken teeth and Jaw
- Broken bones
Liability in Bicycle Accident Claims
Every bicycle accident is different. Most bike accident cases occur as a result of negligence on the part of the person who crashed into the bicyclist, but there are always many factors that come into play in any given situation. Therefore, bike accident attorneys can help you determine negligence and will work every step of the way to make sure you are able to recover the monetary compensation you deserve for your injuries. Your personal injury lawyer will understand how the relevant bicycle laws impact your specific case.
What Damages Are Available in a Bicycle Accident Lawsuit?
The damages available to you in a bicycle accident injury lawsuit are intended to cover the physical, financial, pain and suffering and emotional losses you sustained in the collision. Some of the types of compensation commonly recovered in these cases include the following:
Medical bills
The high cost of medical care is a significant concern for injured cyclists. If you've been struck by a car, the impact often causes severe injuries. However, securing damages for present and future medical expenses is possible. You may be able to recover compensation related to the cost of treatment, including surgeries, the ambulance to the hospital, transportation to and from appointments, and pain management. It could also include invoices from physical and occupational therapy services.
Lost wages
Following a bicycle accident, you may be able to recover lost wages. When you are too injured to work, you could quickly find yourself without your primary source of income for weeks, months, or even longer. During that time, you will need to replace it.
A personal injury lawsuit is an opportunity to recoup those losses after an accident. This can also include your future lost earning potential. For example, even if you recover, you might have physical limitations preventing you from performing certain jobs, limiting your future wages. Compensation could be available for your diminished earning power.
Pain and suffering
It is also possible to recover compensation for pain and suffering. This could include permanent scarring, disfigurement, or disabilities, as well as the recognition of the value of the loss of enjoyment of your regular daily activities and impairment of your relationships with your spouse, family, and friends due to your injuries.
Unlike medical expenses, these are non quantifiable losses. However, a skilled attorney will help you establish the extent of your pain and suffering and how it has impacted your quality of life.
Property damage
While your own health and well-being are your top priority, you could have an additional claim for compensation based on the damage to your personal property. Bicycles rarely come out of these collisions unscathed, with most ending up as a total loss. The good news is that you may be entitled to damages that pay for repairing or replacing your bike.
While personal property claims usually involve your bicycle, any property damaged in the collision could possibly be included in the claim. For example, you could be entitled to recover the cost of replacing eyeglasses, mobile devices, and watches.
Your Rights as the Victim of a Bicycle Accident
Your legal remedies and personal injury claim as a bicycle accident victim are similar to those of someone injured in a car crash. First, anyone who is suffering from an injury after a bicycle accident should immediately call the police or 911 and tell them you need medical assistance. If you can, take pictures of the crash scene and the cars involved so that you can show a lawyer. Make sure everyone is safe and get all of the medical assistance you need. Then, seek the help of a bicycle accident attorney before you talk to an insurance adjuster or a private investigator hired by an insurance company. There are multiple challenges in the process of filing a bicycle accident claim, therefore, you should consult with an attorney who can fight for your rights.
Our bike accident attorney team at the Rothenberg Law Firm LLP will advocate on your behalf throughout the legal process. We're aggressive in negotiating with an insurance company, and we're equally prepared to take your case to court. Our goal is to recover monetary damages for such losses as, but not limited to:
- Past and future medical bills;Medical expenses
- Past and Future lost wages;
- Pain and suffering;
- Scarring and disfigurement;
- Diminished quality of life; and,
- All other amounts allowed by law.
Contact a Skilled Bicycle Accident Lawyer to Discuss Your Legal Remedies
Every bicycle accident has its own fact pattern and injuries and there are many complex legal concepts and nuances that you may not be able to handle if you try to negotiate on your own. You can trust our attorneys at the Rothenberg Law Firm LLP to fight to make sure you get the compensation you deserve. To learn more about how we can assist with your bicycle accident claim, please call 1-800-624-8888 or fill out a form online to set up a free case evaluation.