Bicycle Accident Lawyers

Whether you ride for pleasure, exercise, or your daily commute, bicycle accidents can occur with alarming frequency. You and your loved ones should be careful when riding bicycles, and it is important to understand your legal rights if you are 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 Administration (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:

1. Regardless of the season, bicyclist deaths occurred most often between 6 p.m. and 9 p.m.
2. Bicyclist deaths occur most often in urban areas (75%) compared to rural areas (25%) in 2017.
3. Bicyclist deaths were 8 times higher for males than females in 2017.
4. 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, distracted driving, failure to yield, unsafe passing, 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-end collisions by a passing vehicle
• Rear-end collisions 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 attacks
• Left-turning vehicles at intersections
• Left-turning vehicles through gaps in traffic
• Right-turning vehicles traveling ahead of a cyclist
• Right-turning vehicles overtaking a cyclist
• Sideswipes by passing vehicles
• Vehicles entering the street from a driveway or parking space and pulling into traffic in front of the bicyclist
• Vehicles that fail to stop at a stop sign or red light
• Vehicles whose drivers are impaired by drugs or alcohol

Types of Bicycle Accidents

Bicycle accidents occur in various ways, each presenting unique challenges for cyclists. Although many factors can contribute to a crash, motorists' negligence often plays a significant role. Common types of bicycle accidents include:

• Right hook accidents: Drivers turning right must check blind spots and yield to cyclists traveling straight. Cutting off cyclists can be dangerous and unlawful.
• Left cross collisions: Left-turning motorists must yield the right-of-way to oncoming cyclists. Drivers should look carefully and accurately judge a cyclist's speed before turning.
• Dooring accidents: Drivers and passengers in parked vehicles should check for cyclists before opening their doors. Dooring accidents are often preventable when vehicle occupants remain vigilant.
• Rear-end collisions: Distracted or tailgating drivers put cyclists at serious risk. Motorists must maintain a safe following distance and pay attention to the road to avoid striking cyclists from behind.
• Road hazard accidents: Potholes, debris, uneven pavement, poor signage, and other dangerous road conditions can cause cyclists to crash. Municipalities may be responsible for timely maintenance, and drivers should also watch for hazards to avoid swerving into cyclists.
• Sideswipe accidents: Motorists passing cyclists must provide a safe distance, as the law requires. Drivers should be patient, wait for a clear opportunity to pass, and never compromise a cyclist's safety.
• Right-of-way violations: Drivers must respect cyclists' right-of-way at intersections, stop signs, and crosswalks. Yielding is a legal obligation, not an option.

Cyclists have the same rights and responsibilities as other road users. While proactive cycling habits are essential, motorists must drive cautiously and responsibly around bicycles. If a driver's negligence causes an accident, injured cyclists should consult a bicycle accident attorney to protect their rights, hold the driver accountable, and seek fair compensation for damages.

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 a crash or collision can range from minor scrapes and bruises to much more serious injuries, permanent disability, or even wrongful death. When cyclists get hurt in accidents, their injuries can be severe and life-changing. Understanding these injuries and how they can happen may help cyclists, motorists, and families appreciate the risks and the importance of prevention.

Common bicycle accident injuries include:

• Head injuries: Even when wearing a helmet, cyclists can suffer concussions, skull fractures, traumatic brain injuries, and other forms of head trauma. These injuries may cause long-term problems with thinking, mood, memory, movement, and daily functioning.
• Broken bones: Cyclists often break bones in the arms, legs, wrists, hands, collarbones, ribs, or other parts of the body during a collision. Fractures can require extensive medical treatment, surgery, rehabilitation, and significant time away from work or regular activities.
• Road rash: When cyclists slide across pavement, they can suffer painful abrasions, cuts, and skin loss. Road rash can become infected and may leave permanent scarring if it is not properly treated.
• Muscle, ligament, and tendon injuries: A crash can stretch, tear, or crush muscles, ligaments, and tendons. These soft tissue injuries can cause long-lasting pain, stiffness, limited mobility, and the need for physical therapy.
• Spinal cord injuries: Damage to the spine can cause serious and permanent consequences, including partial or complete paralysis, loss of sensation, and long-term mobility limitations.
• Internal injuries: A forceful impact can cause internal bleeding, organ damage, and other dangerous conditions that may not be immediately visible at the accident scene.
• Mouth, jaw, and facial injuries: Cyclists may suffer broken teeth, jaw fractures, facial lacerations, and other injuries that require dental work, reconstructive treatment, or surgery.
• Neck, back, and extremity injuries: Bicycle crashes can also cause neck injuries, back injuries, hand injuries, shoulder injuries, knee injuries, and other trauma that affects a cyclist's ability to work, exercise, or perform daily activities.

These serious injuries show why it is so important to hold negligent drivers responsible when they cause bicycle accidents. Injured cyclists may be entitled to seek compensation for medical bills, missed work, pain and suffering, and other losses connected to the crash.

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.

Cyclist's Rights

Like all users of public roads, cyclists have specific rights and responsibilities designed to help ensure their safety and promote the smooth sharing of roads with motorists and pedestrians. Cyclists who understand these rights can navigate the roads more confidently and advocate for themselves if an accident occurs.

Right to Use the Road

Roads are not exclusively for motorized vehicles. Cyclists generally have the right to use the road, except where expressly prohibited, such as certain freeways, motorways, or pedestrian-only areas.

Right to Safe Passing by Vehicles

Motorists must maintain a safe passing distance when overtaking cyclists. This distance varies by jurisdiction but is commonly a minimum of three feet. Safe passing rules are intended to protect cyclists from being sideswiped or forced off the road by passing vehicles.

Right to Signal and Maneuver

Cyclists follow many of the same rules for signaling and turning as motor vehicles, emphasizing their status as lawful road users. They may signal turns and make necessary maneuvers on the road, including turning left or right and changing lanes when it is safe to do so.

Right to Roadway Positioning

Cyclists have the right to position themselves safely on the road. This includes "taking the lane" when necessary for safety reasons, such as avoiding obstacles, improving visibility at intersections, or when the lane is too narrow for a bicycle and a vehicle to travel side by side safely. While cyclists are often encouraged to use bike lanes where available, they are not obligated to do so if those lanes are unsafe or impractical for their destination.

Right to Equitable Treatment by Laws

Cyclists have the right to be treated equitably under the law. The legal system affords them many of the same considerations and protections as motorists. In the event of an accident, cyclists should receive fair treatment from law enforcement and the judicial system, including access to legal recourse and compensation for damages or injuries.

Right to Safe Infrastructure

While this may vary by jurisdiction, there is a growing recognition of cyclists' rights to safe and accessible cycling infrastructure. This includes properly maintained bike lanes, secure bike parking, and road designs that accommodate the safe coexistence of cyclists with other road users.

Advocating for Cyclist Rights

Cyclists can advocate for their rights by being informed, respectful road users, participating in local cycling advocacy groups, and supporting policies and infrastructure projects that promote cycling safety and accessibility. In cases where rights are violated, seeking legal counsel can help ensure legal protection and accountability. Understanding and exercising these rights is not just about individual safety; it is about fostering a culture of respect and shared use among all road users.

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 expenses;
• Past and future lost wages;
• Pain and suffering;
• Scarring and disfigurement;
• Diminished quality of life; and
• All other amounts allowed by law.

Bicycle Accident Claims: What You Need to Know

Bicycle accident claims are often more complex than they might appear at first glance. While it may be tempting to assume that these cases can be resolved quickly, numerous factors can affect the timeline. At Rothenberg Law Firm LLP, we have seen firsthand how each case presents unique challenges and nuances.

Factors Influencing the Duration of a Bicycle Accident Claim

1. Severity of Injuries

Your injuries can determine how long your claim will take to resolve. More severe injuries typically require longer recovery periods, more extensive medical treatment, and a clearer picture of long-term implications.

In cases involving severe injuries, waiting until you have reached maximum medical improvement (MMI) before settling your claim may be crucial. MMI is an important milestone because it provides a clearer picture of the long-term effects of the injury, allows for a more accurate assessment of future medical expenses, and helps ensure that all potential costs and impacts are considered before compensation is resolved.

Waiting until MMI is reached before settling a claim can help protect the injured party from underestimating future needs or expenses related to the injury. This approach aims to secure fair and comprehensive compensation that covers both current and anticipated future costs associated with the injury.

2. Liability Determination

Establishing liability in a bicycle accident can be complex. Unlike car accidents, where drivers must carry insurance, not all cyclists have bicycle insurance. This can complicate the claims process, especially if the at-fault party is uninsured or underinsured. Skilled attorneys must often conduct thorough investigations to prove liability, which may involve:

• Analyzing police reports: Reviewing official accident details and initial assessments.
• Interviewing witnesses: Gathering impartial accounts of the incident.
• Reconstructing the accident scene: Creating a detailed representation of how the accident occurred.
• Consulting with expert witnesses: Obtaining professional opinions on technical aspects of the case.

These steps are crucial but can extend the timeline of your claim.

3. Insurance Company Cooperation

The responsiveness and cooperation of the insurance companies involved can significantly impact the duration of your claim. Some insurers may attempt to delay the process or dispute liability to minimize their payout.

Insurance companies may also request extensive documentation or conduct their own investigations, further prolonging the claims process. They might seek medical records, employment information, or additional witness statements. In some cases, they may even hire their own experts to contest your claims or the severity of your injuries.

This is where having an experienced attorney becomes invaluable. Your attorney can anticipate these requests, prepare the necessary documentation, and challenge unfair or unnecessary delays. They can also ensure that all communication with the insurance company is strategic and aimed at advancing your claim efficiently while protecting your rights and interests.

4. Legal Aspects

Bicycle accident claims often involve intricate legal issues, including questions of right-of-way, interpretation of local traffic laws, and disputes over road conditions or infrastructure design. These complexities may require extensive legal research and argumentation, potentially extending the timeline of your case.

5. Settlement Negotiations

The negotiation process can vary greatly in length. While some cases may settle relatively quickly, others may require prolonged negotiations to reach a fair settlement. Experienced bicycle accident attorneys understand the importance of patience in these negotiations, ensuring that you do not settle for less than you deserve out of a desire for a quick resolution.

6. Potential for Litigation

If a fair settlement cannot be reached through negotiations, your case may need to go to trial. While this is not the most common outcome, it is important to be prepared for this possibility. Litigation can significantly extend the timeline of your claim, often by several months or even years.

The Typical Timeline of a Bicycle Accident Claim

While every case is unique, here is a general overview of the steps involved in a bicycle accident claim and their potential durations:

1. Initial Consultation and Case Evaluation (1-2 weeks)

The process begins with an initial consultation with an experienced personal injury attorney. During this meeting, the attorney will review the details of your accident, assess the strength of your case, explain your legal options, and discuss the potential timeline for your claim.

2. Investigation and Evidence Gathering (2-8 weeks)

Once you have retained legal representation, your attorney will thoroughly investigate. This may involve collecting police reports and witness statements, obtaining and reviewing medical records, analyzing photographic or video evidence, and consulting with accident reconstruction experts. The duration of this phase can vary depending on the complexity of the case and the availability of evidence.

3. Medical Treatment and Recovery (Varies)

While the legal process proceeds, you should focus on your medical treatment and recovery. The duration of this phase can vary significantly depending on the severity of your injuries. Your bicycle accident attorney will work closely with your medical providers to document your treatment and prognosis.

4. Demand Letter and Initial Negotiations

Once you have reached maximum medical improvement or your long-term prognosis is clear, your attorney will prepare and send a demand letter to the at-fault party's insurance company. This letter outlines your case, details your damages, and demands fair compensation. The insurance company typically responds within 30 days, though this can vary. Initial settlement negotiations may then begin and can last several weeks or months.

5. Filing a Lawsuit (If Necessary)

If a fair settlement cannot be reached through initial negotiations, your attorney may recommend filing a lawsuit. The decision to litigate is not taken lightly, as it can significantly extend the timeline of your claim. However, it may be necessary to ensure you receive fair compensation.

6. Discovery Phase (3-12 months)

If a lawsuit is filed, both sides enter the discovery phase. This involves exchanging documents and evidence, taking depositions, and submitting and responding to written questions called interrogatories. This phase allows both sides to fully understand the strengths and weaknesses of the case.

7. Mediation or Settlement Conferences (1-3 days)

Many courts require parties to attempt mediation before proceeding to trial. This process involves a neutral third party who helps facilitate negotiations. While mediation itself is typically brief, preparation can take several weeks.

8. Trial Preparation and Trial (2-3 weeks for preparation, 3-10 days for trial)

If mediation is unsuccessful, your case will proceed to trial. Trial preparation is an intensive process that involves preparing exhibits, rehearsing testimony, and developing trial strategies. The trial itself can last from a few days to several weeks, depending on the complexity of the case.

9. Post-Trial Motions and Appeals (Varies)

Even after a verdict, post-trial motions or appeals can extend the process further. This phase can add months or even years to the timeline.

Factors Affecting the Value of a Bicycle Accident Claim

Several key factors can influence the value of a bicycle accident claim. Because every case depends on its specific facts, an attorney can help evaluate the evidence, injuries, insurance coverage, and legal issues that may affect the amount of compensation available.

Liability

Liability is a crucial factor in determining the value of your bicycle accident claim. To recover compensation, you must prove that another party was at fault for the accident. This could be a motorist, property owner, government entity, or even a bicycle or parts manufacturer.

The strength of your liability case significantly impacts the value of your claim. If liability is clear-cut, such as when a driver runs a red light and strikes a cyclist, your case will likely be stronger than if the other party disputes liability. Evidence such as traffic camera footage, eyewitness accounts, police reports, and expert testimony can all help establish liability.

In some cases, multiple parties may share liability. For example, a driver might be primarily at fault for hitting a cyclist, but a government entity might also bear some responsibility if poor road maintenance contributed to the accident. Identifying all liable parties can increase the potential value of your claim.

Severity of Injuries

The nature and extent of your injuries can significantly impact the value of your claim. Generally, more severe injuries lead to higher compensation because they typically result in higher medical bills, longer recovery times, greater pain and suffering, and more significant impacts on your daily life and ability to work.

For example, a cyclist who suffers a traumatic brain injury or spinal cord damage will typically have a more serious claim than one who sustains minor cuts and bruises. Severe injuries often require extensive medical treatment and long-term care and may result in permanent disability or disfigurement, all of which can increase the value of the claim.

It is important to have thorough medical documentation of your injuries, including diagnoses, treatment plans, and prognoses. This documentation serves as crucial evidence in supporting your claim for compensation.

Medical Expenses

Your claim's value will include the cost of your medical treatment, both current and future. This can encompass a wide range of expenses, including:

• Emergency medical care
• Hospitalization
• Surgeries
• Medications
• Physical therapy and rehabilitation
• Follow-up doctor visits
• Medical equipment, such as wheelchairs or crutches
• In-home care

The higher your medical bills, the more your case may recover. Keep detailed records of all medical expenses related to your accident. Your attorney may also work with medical experts to project future medical costs if you require ongoing treatment or care.

Lost Wages or Income

If your injuries prevent you from working, you can seek compensation for your lost income. The value of your lost wages depends on your pre-accident earnings, the length of your absence from work, whether you can return to your previous job or must take a lower-paying position, and the impact on your future earning capacity if you are unable to return to work or must change careers.

Lost wages can include your regular salary as well as lost bonuses, commissions, and other work-related benefits. If your injuries result in a permanent decrease in your earning capacity, you may be able to claim compensation for future lost earnings as well.

Pain and Suffering

In addition to economic damages like medical bills and lost wages, you can also seek compensation for non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are more subjective and can vary widely depending on the circumstances of your case.

Factors that can influence the value of pain and suffering damages include the severity and duration of your physical pain, emotional trauma such as anxiety or depression resulting from the accident, how your injuries have affected your daily life and relationships, and whether you have suffered permanent limitations or disfigurement.

Calculating pain and suffering damages can be complex, and insurance companies often try to minimize these amounts. An experienced attorney can help argue for fair compensation for these less tangible but very real impacts of your accident.

Permanent Impairment or Disfigurement

If your injuries result in permanent impairment, such as paralysis or brain damage, or disfigurement, such as significant scarring, your case will likely be worth more to account for the long-term impact on your life. Permanent injuries often result in ongoing medical care and expenses, necessary modifications to your home or vehicle, reduced quality of life, emotional distress, and loss of ability to engage in activities you once enjoyed.

These long-term consequences can significantly increase the value of your claim, as they represent lifelong costs and impacts.

Shared Fault

In some cases, the cyclist may be partially at fault for the accident. Under comparative negligence laws in New York, New Jersey, and Pennsylvania, your compensation may decrease by your percentage of fault. This principle underscores the importance of building a strong case that minimizes your degree of fault in the accident.

The specific rules vary slightly between states. New York follows a pure comparative negligence rule, meaning you can recover damages even if you are mostly at fault, though your compensation would be reduced accordingly. New Jersey and Pennsylvania follow modified comparative negligence rules, where you can generally recover damages if you are 50% or less at fault. Understanding these nuances is crucial in assessing the potential value of your claim and developing an effective legal strategy.

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.