A bicycle accident can lead to serious injuries because nothing but a helmet protects you from an impact with the car or road. Usually, a driver is to blame for hitting a cyclist, and these collisions can happen in various ways. If this happened in your case, you should be entitled to significant financial compensation.
First, you must prove that the driver failed to drive safely under the circumstances or otherwise violated their duty of care. You must pinpoint the cause of the bicycle accident and have evidence to present to the driver’s insurance company to seek compensation for your injuries. This can be a daunting task, even in the best health. It can be overwhelming with serious injuries and a lack of legal knowledge.
Fortunately, a bicycle accident attorney can investigate the accident and determine why your bike accident happened. They can gather the evidence you must include in a claim or lawsuit and handle the legal process for you.
Here are some causes of bicycle accidents that can lead to a legal claim. If you have injuries, discuss a possible case with a bicycle accident lawyer as soon as possible.
Distracted Driving
Drivers must fully focus on the road to see everything and everyone around them, but motorists often fail to pay attention behind the wheel. It is hard enough for drivers to spot motorcyclists and bicyclists under ideal circumstances, and it is even more difficult for motorists to see cyclists when they do not have their eyes and attention on the road.
Drivers are often distracted by many other things. A driver’s phone is often drawing their attention away from the road, as they may be sending a text, checking their email, or reading something on the internet. The few seconds their focus is elsewhere is when they should have seen a bicyclist and avoided a collision. Instead, the driver has no time to stop to avoid an accident or to stay out of the bicyclist’s way (when the cyclist legally has the right of way).
Lack of Knowledge of Bike Safety Laws
Drivers may not know how to share the road with a bicyclist. They may not be aware of crucial safety laws that aim to protect cyclists from injury. For example, drivers may not know they must allow a minimum distance between their vehicle and a bike when they pass a bicyclist on the outside. The driver may strike a bicyclist if they get too close while trying to get around them to pass. Some impatient drivers will not wait until they have enough space to safely pass, putting a cyclist at serious risk.
Drivers may not understand that the bicyclist has the full right to their own lane in traffic, just like any other vehicle on the road. They might crowd a cyclist in a traffic lane, trying to force them over to the side of the road. While a slower bike can be frustrating to a driver in a hurry, drivers must respect that bicyclists have the right to share the road and use traffic lanes.
Reckless Driving
The driver may simply not have respect for the safety of anyone else near them on the road. Drivers will often be reckless because they are focused only on where they want to go and when, and they might be willing to do anything to get ahead.
Reckless driving can have an even more pronounced effect on bicyclists. Even if the driver does not make actual contact with the bicyclist, their reckless driving may cut off a cyclist or otherwise force them off their bike. For example, a speeding driver may change lanes without noticing a bicyclist in a blind spot, and the cyclist may fall when trying to elude the motorist.
Dooring Accidents
Drivers may be parked on the side of the road next to a bicycle lane. The driver or their passengers may not check to see a bicycle approaching, and they might open the door to the car. When this happens, the door can suddenly block the bicyclist’s path. The cyclist can strike the door while traveling at full speed, or they might fall off their bike while trying to avoid hitting the door.
Poor Road Conditions
Bicycles are much more at risk of poor road conditions than passenger cars. If there is debris on the roadway, cyclists can run over it and fall off their bikes. They are also much more likely to be injured when there is a pothole on the road. The local government can be legally responsible when they fail to maintain the roadways in reasonable condition.
How a Bicycle Accident Lawyer Can Help You
No matter how the bicycle accident happened in the first place, you may be entitled to a settlement check when the driver was at fault for your injuries. First, you may need to go through their insurance company to seek the compensation you deserve. That is never an easy process because most insurance companies want to minimize claim payments. Not only do you have to prove what happened, but you might have to challenge an insurer’s efforts to limit your compensation.
When you hire a bicycle accident lawyer for your case, they will take on the insurance company to get the full settlement check you are due. Your bicycle accident attorney will investigate the accident and quantify your damages. Then, they can get tough with the insurance company once you have filed your claim or lawsuit. A bicycle accident attorney can conduct settlement negotiations on your behalf and advise you to refuse offers that do not fairly pay you.
You do not have to pay any money out of your own pocket to get the legal support you need from a bicycle accident lawyer. All it takes is a signed representation agreement that promises to pay your bicycle accident lawyer a percentage of the proceeds of your case should you receive a settlement or an award from a jury. If you do not win your case, you do not need to pay your bicycle accident attorney anything for their services.
Seek your free consultation from a bicycle accident attorney today.