What are the Most Frequently Asked Questions About Bicycle Accidents?

What are the Most Frequently Asked Questions About Bicycle Accidents?

Any motor vehicle accident is dangerous, but bicycle accidents are among the most hazardous and deadly. In a recent year, 1,080 cyclists were killed in car accidents, the highest number in history. Additionally, over 130,000 bicyclists suffered an injury in crashes on U.S. roadways each year. These injuries range from cuts and scrapes to brain and spinal cord injuries.

You may have many legal questions if you are a cyclist recently hit by a car. Below are the most common FAQs about bicycle accidents and claims. If you have a claim, talk to a bicycle accident attorney in your community.

What is a bike accident claim?

A bike accident claim is a legal process where an injured cyclist seeks compensation for damages, like medical bills, lost income, or bike repairs, caused by an accident, typically due to someone else's negligence, such as a driver, another cyclist, or poor road conditions.

Who can I file a claim against?

You can file against the party responsible for the accident. This might be a driver who hit you, a pedestrian who caused you to crash, a government entity if a road defect was the cause, or even a bike manufacturer if a defect contributed. It depends on who's at fault.

How do I start a bike accident claim?

First, ensure your safety and get medical attention. Then, gather evidence: photos of the scene, your injuries, and bike damage; witness contact info; and a police report, if applicable. Contact the at-fault party's insurance company or your own insurer to report the incident and begin the claim process.

Do I need a bicycle accident lawyer to file a claim?

You're not required to have one, but a lawyer helps significantly. Insurance companies might lowball you or deny your claim; a lawyer knows how to negotiate and build a strong case. Many work on a contingency fee basis, so you only pay if you win. There are no upfront legal expenses.

What can I claim compensation for?

You can claim for:

• Medical expenses (past and future)
• Lost income if you missed work
• Bike repair or replacement costs
• Pain and suffering (physical and emotional distress)
• Other related costs, like transportation or caregiving

How long do I have to file a claim?

This depends on where you are. There's a statute of limitations in all states, often 2-3 years from the accident date for personal injury. This is the time limit in which you have to take legal action. Check your local laws, as missing the deadline can bar your claim.

What if the driver who hit me doesn't have insurance?

If the at-fault driver is uninsured, you might use your own uninsured/underinsured motorist coverage if you purchased it. Alternatively, in some regions, you can file through a government-backed fund, like the BMV, for hit-and-run or uninsured cases.

How long does a claim take to settle?

It varies. Simple cases with clear fault might settle in weeks or months. Complex cases, especially with serious injuries or disputes, can take a year or more, mainly if it goes to court. A bicycle accident lawsuit can last years, so it's often wise to retain a personal injury attorney to negotiate a fair settlement.

What evidence do I need to file a bike accident claim? 

Strong evidence will help your case. Turn over any bike accident evidence you have to your personal injury attorney, such as:

• Photos/videos of the accident scene and damage
• Medical records proving your injuries
• Witness statements
• Police or incident reports
• Receipts for expenses 

Can I claim it if I hit a pothole or road hazard?

Yes, if the hazard was due to negligence, like a city failing to maintain roads. In this case, you would file against the responsible entity, such as a government agency, but these claims can be tricky due to strict rules and deadlines (sometimes as short as 6 months).

Will my insurance rates go up if I file a claim?

If you file through your own insurance and weren't at fault, your rates usually won't increase. If you were at fault, they might. Check your policy or ask your insurer.

What if my claim is denied?

Review the denial reason. You can appeal with more evidence or hire a lawyer to negotiate or file a lawsuit. Don't give up too quickly—denials are common but can often be overturned.

How much compensation might I get?

It depends on your damages: injury severity, financial losses, and impact on your life. Minor injuries might yield a few thousand dollars, while severe cases can reach tens or hundreds of thousands. An attorney can estimate based on your specifics.

Should I accept the first settlement offer?

Not always. Initial offers are often low. Compare it to your total damages for medical bills and lost wages. If it's unfair, negotiate or consult a bike accident lawyer before signing anything, accepting locks you out of further claims.

A bicycle accident lawyer is skilled in personal injury negotiations and will demand the most compensation from the insurance company. Your attorney also knows how to value your claim to ensure all costs and damages are considered, including current and future medical expenses, lost income, lost earning capacity for a permanent injury, pain and suffering, and mental anguish.

When Should You Always Hire A Bike Accident Lawyer? 

Retaining a bicycle accident attorney is usually wise because these accidents are often severe. However, there are several situations where you should always hire an attorney to fight for you:

• Serious injuries: If you've suffered significant injuries, like broken bones, head trauma, or anything requiring long-term medical care, the stakes are higher. A lawyer can pursue fair compensation for medical bills, lost income, and pain and suffering.
• Disputed fault: If the other party claims you're at fault or if insurance companies are pointing fingers, a lawyer can investigate, gather evidence, and build a strong case to protect your rights.
• Insurance issues: If the insurance company denies your claim, offers a lowball settlement, or drags their feet, a lawyer can negotiate. They know the tricks insurers use and can push for what you're owed. You also should hire a lawyer if the driver flees the scene. The car accident attorney can work with the police to find the driver and may obtain compensation from your own policy. 
• Complex cases: If multiple parties are involved,  or if road conditions contribute, the legal mess can get complicated fast. A car accident lawyer can untangle it.
• Permanent impact: If the accident leaves you with a disability or affects your ability to work long-term, you'll need someone to calculate and fight for future damages, not just immediate costs.

Who Can I Sue For Bike Accident Injuries? 

There are several potentially liable parties in a bike accident claim, depending on the case details:

The Motorist

In many bike accident cases, the driver of a motor vehicle may be at fault. This can occur if the driver fails to yield the right of way to a cyclist at an intersection or when turning. For example, a driver who turns left into a cyclist traveling straight through an intersection might be liable for not checking their surroundings or misjudging the cyclist's speed.

Other instances include distracted driving, speeding, or failing to obey traffic signals, leading to a collision with a cyclist. If drivers violate traffic laws or act negligently, they are often deemed responsible for the accident.

Another Cyclist

Fault can also lie with another cyclist in certain situations. If cyclists run a red light, ride against traffic, or fail to signal their intentions, they can be held accountable for causing or contributing to the accident.

For instance, another cyclist weaving unpredictably through traffic or riding on the wrong side of the road might confuse drivers and other cyclists, creating a hazardous situation. Cyclists are generally expected to follow the same road rules as motorists, so a failure to do so can shift partial or full blame onto them.

Employer

Suppose a car driver runs a red light and slams into you on your bicycle. It turns out that the driver is a pharmaceutical representative who was on the clock when they struck you. You may be able to file a lawsuit against both the driver and employer. This is significant because employers usually have larger insurance limits to cover damages. The company also has assets that can be pursued in a lawsuit without insurance coverage.

Third Parties

Fault doesn't always rest with the cyclist or driver directly involved. A third party, such as a pedestrian, another cyclist, or even a road maintenance entity, can be to blame. For instance, if a pedestrian suddenly steps into a bike lane, forcing the cyclist to swerve into traffic, the pedestrian might be liable.

Alternatively, a government agency or contractor could be at fault if the accident resulted from poor road conditions, like potholes, unmarked construction zones, or inadequate bike lane design, that weren't properly maintained or signaled.

External Factors

In rare cases, fault might not lie with any individual but with external circumstances, such as a vehicle malfunction or an animal darting into the road. The bike manufacturer might be liable if a cyclist's brakes fail due to a manufacturing defect. However, proving these cases often requires substantial evidence, like expert testimony or maintenance records, to rule out human error or negligence.

How Can A Bicycle Accident Lawyer Assist You? 

Hiring a bicycle accident attorney is almost always worth the cost (usually 25 to 40 percent of your settlement or jury award). Potential benefits include:

• Legal experience: They understand local traffic laws, bike-specific regulations, and liability rules. For example, they can determine if a driver, another cyclist, or even a municipality is at fault.
• Investigation: They'll gather evidence like police reports, witness statements, and traffic camera footage. If you've got photos of the scene or injuries, they can analyze those, too. They might also consult accident reconstruction experts to strengthen your case. Your bicycle accident attorney has the financial and personnel resources to find and develop accident evidence that can be vital to proving liability. 
• Dealing with insurance: Insurance companies often try to minimize payouts. A lawyer negotiates to ensure you're not shortchanged for medical bills, bike repairs, lost income, or pain and suffering. You should always decline speaking to the driver's insurance company. Have the adjuster call your auto accident attorney instead. 
• Maximizing compensation: They assess the full scope of your damages beyond immediate costs. This can include future medical expenses, rehabilitation, or emotional trauma, which you might not think to claim on your own.
• Court representation: If a settlement isn't possible, they'll take your case to trial, presenting a compelling argument to a judge or jury based on evidence and legal precedents. 
• Peace of mind: Handling a claim solo can be overwhelming, especially if you're injured. They manage the paperwork, deadlines, and stress, letting you focus on recovery.

For instance, if an SUV turned into your lane and caused the bike accident, a lawyer can prove the driver's negligence using traffic laws and eyewitness accounts, pushing for a settlement that covers your broken bike, pain and suffering, lost income, and hospital stay. Without a bike crash attorney, you probably wouldn't know all the compensation you're entitled to. Plus, most bike accident victims lack the insurance negotiation training and experience to obtain the best settlement outcome.

Speak To A Bicycle Accident Attorney Now

Being hit by a car on a bike is traumatic and terrifying, but there is hope for a good outcome. A bicycle accident attorney is your legal advocate if another party recently injured you. Speak to personal injury lawyer today for more information.

Your attorney won't charge you an upfront or hourly fees; they are compensated by a contingency agreement at the end of the case. Meaning, they don't get paid unless they win. Don't delay, call for your free consultation today.