An SUV slams into you on your bike while crossing the street in the crosswalk. You hit the ground, breaking several bones, and suffer whiplash. What should you do?
After getting medical attention, talk to an experienced bicycle accident attorney in your city. In a personal injury lawsuit, you may be entitled to compensation for medical bills, lost income, mental anguish, pain and suffering, and property damage.
The bicycle accident lawyer will fight for your legal rights and the most compensation. How much you can receive in your claim depends on several factors outlined in this article. You should always contact a bicycle accident attorney after a serious bike crash to learn if you have a case.
Sobering Bicycle Accident Statistics
Bicycle accidents are increasingly common in the United States, with the National Safety Council reporting that the number of preventable fatalities from bike accidents rose by 1 percent in just the last two years and 52 percent in the past decade. There were also 337,735 non-fatal bicycle accidents in a recent year.
The National Highway Traffic Safety Administration reports that 62 percent of bicycle deaths occur at non-intersection locations. This means most bicycle crash fatalities happen on the open road, not at a red light or stop sign. Crashes with light trucks, including pickups, SUVs, and vans, cause a higher amount of bicyclist deaths.
The Insurance Institute for Highway Safety has found that 2 percent of motor vehicle crash fatalities are cyclists. Most cycling fatalities involve serious head injuries.
Most Common Reasons For Bicycle Accidents
Many enjoy riding their bikes for pleasure, exercise, and commuting to work. Unfortunately, far too many drivers cause serious accidents with cyclists, leading to serious injuries and lawsuits. Common reasons for serious bicycle accidents include:
- Distracted driving: Many drivers are distracted by cell phones. They may be texting, watching videos, doing Google searches, etc. Anything that takes their eyes from the road for only a second or two is a severe safety risk. Many bike accidents happen because drivers don't see cyclists on the road. This problem is exacerbated if drivers are distracted and not paying attention. Rear-end accidents involving cyclists at red lights and stop signs are common and usually caused by distraction. Distracted drivers hit cyclists most often outside of crosswalks and road shoulders.
- Speeding: Drivers in a hurry may speed, and it takes longer to slow down for slower vehicles, such as cyclists. High-speed accidents almost always cause catastrophic injury or death to cyclists.
- Failure to see cyclists: A common bicycle accident occurs when a driver turns left in front of a cyclist. Or, they pull out of a parking lot or business and don't see the oncoming cyclist. Drivers must look for all oncoming vehicles, including cyclists. Cyclists can reduce the chances of these accidents by wearing bright-colored clothing and flashing lights on their bikes' front and rear.
- Intoxication: Drivers who are drunk or high may drive carelessly around cyclists and cause severe accidents. Tell your experienced personal injury lawyer if you think the driver who hit you was drunk or high.
Always retain an experienced bicycle accident lawyer if a driver violates their duty of care and injures you. Your injuries and damages could be in the tens or hundreds of thousands, maximizing your compensation is essential. Only a skilled personal injury attorney can squeeze the insurance company for the most money.
Common Types Of Bicycle Accidents
Drivers cause several common bike accidents. Talk to a car accident attorney if a car driver hits you on your bike in one of the following scenarios:
Car Tries To Overtake Cyclist
This accident is usually the gravest threat to cyclists. Drivers behind a cyclist may become frustrated by being slowed down and may try to pass aggressively. The driver can think there is enough room to pass the cyclist safely, but they may hit or sideswipe them. The cyclist may be knocked off balance, knocked off the bike, or run over. Any of these scenarios always lead to serious or fatal injuries to the cyclist.
Car Turns In Front Of Cyclist
This accident happens when a driver comes to a right turn, and the cyclist is on their right. Or, the driver is crossing to turn left when the cyclist is coming the opposite way. The driver turns in front of the cyclist because they think they have enough room or don't see them. This severe accident happens because the cyclist may not have sufficient time to stop before hitting the car. Drivers must constantly watch for cyclists and wait to make turns until they pass.
Car Pulls Out In Front Of Cyclist
This accident can happen when a car pulls from a side street, driveway, or parking lot to the cyclist’s right. An accident may occur if the car driver tries to pull out when the cyclist is passing. It can also happen if the car pulls out before the cyclist.
Always contact a seasoned bicycle accident attorney if a driver injures you in any of the accidents above. A bike crash attorney knows how to determine your claim worth and aggressively negotiate with the insurance company for the best settlement. They will also file a lawsuit and go to trial if the insurance company doesn't offer sufficient compensation.
What Is A Bicycle Accident Claim Worth?
Most bicycle-on-car accidents are serious, with devastating injuries. Thus, it's essential to obtain the most compensation for your injuries. Generally, you will receive compensation in a bicycle accident claim for your economic and non-economic damages if another party caused the accident. The value of your claim depends on the individual case factors, including the following:
Severity of Injuries
The extent and seriousness of physical injuries sustained in the accident play a major role. Severe injuries lead to higher payouts, such as compound fractures, brain and spine injuries, and organ damage. This is because a severe injury has more long-term financial and physical consequences than a minor injury. For example, your claim value will be higher with a severe brain injury than with a whiplash injury.
Medical Expenses
People with severe injuries after a bike accident will incur higher medical expenses than those with minor injuries. This includes all costs related to treatment, such as hospital bills, surgeries, rehabilitation, medication, and ongoing care. Past and future medical expenses are considered if the injury requires long-term treatment.
Lost Income and Earning Capacity
Suppose the accident causes you to miss work or reduces your ability to earn income in the future. In that case, compensation may cover lost income and diminished earning potential. Your car accident attorney will estimate your future lost earnings if you were not injured.
Pain and Suffering
This refers to the physical pain and emotional distress caused by the accident. It's subjective and varies case by case, but it can significantly increase the claim amount, especially for severe or life-altering injuries. Someone with several compound fractures and an amputated limb from the accident will have much higher pain and suffering than someone with a whiplash injury.
Property Damage
The cost of repairing or replacing your bicycle and any other damaged personal property, such as a cell phone or bike helmet, is factored in.
Insurance Coverage
The at-fault party's insurance policy limits can cap the claim amount. If they're uninsured or underinsured, your own insurance might come into play, affecting the total payout.
Evidence and Documentation
Substantial evidence, like police reports, witness statements, photos of the scene, surveillance camera footage, and medical records, can strengthen your claim and increase the amount. Weak or missing evidence might lower the value of the claim. An experienced car accident attorney can find the most critical evidence and build your case persuasively.
Legal Representation
Having an experienced bicycle accident attorney can influence the outcome. They may negotiate a higher settlement or ensure all relevant factors are considered, compared to handling it yourself.
For instance, a minor accident with scratches and a bent wheel might result in a small claim for repairs and minimal medical costs, while a collision causing a spinal injury could lead to a substantial claim covering lifelong care and loss of income. Each case is unique, so these factors interact differently depending on the specifics. Always retain an experienced bicycle accident lawyer for maximum compensation and protection of your legal rights.
Handling Your Bicycle Accident Claim
A cyclist hit by a car should always retain a car accident attorney. Here's several reasons why:
The Insurance Adjuster May Blame You
You might be sure that the driver caused the accident. However, many accident victims are stunned when the insurance company blames them for their injuries. Or, if several vehicles were involved, the insurance companies blamed each other. Meanwhile, you have broken bones and head injuries and desperately need money as the months pass.
Your personal injury attorney will ensure that liability is sorted out quickly and that you aren't unfairly blamed.
You May Lose Evidence
You can only receive compensation in a bike accident claim if there is enough evidence to prove fault. You can lose or misplace vital evidence to prove your case without an attorney. For example, the insurance company might call after the crash and offer a settlement for your medical bills. You think you will accept it, so you erase the videos and photos you took of the crash scene. The evidence you discarded may have been vital to proving liability, and your auto accident attorney may have difficulty getting you paid fairly.
An Experienced Auto Accident Lawyer Will Get More Money
Insurance adjusters deal with accidents and injury victims for at least eight hours daily. You are probably disadvantaged when negotiating for a bike accident settlement. Your auto accident lawyer negotiates with insurance companies and persuades juries for a living. They will obtain more money for you. A recent study revealed that awards for injury clients with attorneys received 3.5 times more than for unrepresented accident victims.
You May Accept Too Little
Most bike accident injury victims aren't personal injury attorneys and don't know what their claims are worth. You might believe you should only receive money for your medical bills. But you can be entitled to much more, including:
- Future medical expenses if you have a severe or disabling injury
- Future lost income if you are permanently disabled
- Compensation for loss of enjoyment of life and loss of consortium
- Pain and suffering compensation, including for mental anguish related to your injuries and loss of function
A skilled bicycle accident attorney knows how to estimate your damages accurately. They may hire experts to testify about the severity of injuries, lost function, and degree of pain and suffering.
Bicycle Accident Claims Are A Hassle
When you are recovering from devastating bicycle accident injuries, you do not want to deal with insurance headaches. Not only will you need to negotiate a fair settlement, but the insurance company will demand extensive documentation. This can include medical records, police reports, etc. You may need to spend weeks collecting all the documents you need for your settlement.
You can hand off all of those worries to your auto accident attorney. They will deal with all of the insurance and paperwork headaches so you can recover.
Your Attorney Doesn't Charge Hourly
Your auto accident attorney does not ask for hourly compensation or an upfront retainer. They are paid by a contingency arrangement - usually 33 percent to 40 percent of whatever money you receive in the settlement. This means you can afford excellent legal representation without out-of-pocket expenses.
Talk To A Bicycle Accident Attorney Today
A driver hit you on your bicycle, and you're devastated with serious injuries. This is not the time to go it alone with the insurance company. You need maximum compensation to recover, so you should retain a skilled personal injury lawyer today. Talk to a bicycle accident lawyer in your area today for more information. You don't pay legal fees unless you receive compensation, and your attorney will not accept a case they aren't confident they can win.