Being hit by a car while riding a bike can be a traumatizing and life-altering experience. Cyclists have the same rights as drivers on the road, but when motorists act recklessly or negligently, the results can be catastrophic. If a driver has hit you while cycling, you may wonder:
- Can I sue the driver who hit me?
- What if someone else- like the city or a company- is also responsible?
- What compensation can I recover?
The short answer is yes- you can sue the driver (or another responsible party) if their negligence caused the crash. However, proving fault, negotiating with insurance companies, and securing fair compensation can be challenging without legal guidance.
Contact an attorney if a driver has hit you while riding a bike. Speaking with a bicycle accident lawyer will clarify your rights to compensation and protect your legal claim. Do not delay. Start building your legal team today!
Who Can Be Held Liable For a Bike Accident?
Bike accidents can leave the cyclist severely injured. Despite surviving serious injuries, many bicyclists do not realize that they have the legal right to pursue compensation after being injured in an accident.
Potential defendants in bicycle accidents can include:
Drivers of Motor Vehicles
Drivers of motor vehicles can be held liable for negligently operating their vehicles. Some of the most common driver mistakes that can leave bicyclists injured include:
- Failing to yield- Drivers often ignore bicycle lanes and right-of-way laws
- Speeding or reckless driving- A fast-moving car can easily strike a cyclist, causing devastating injuries
- Impaired driving- Impaired drivers often fail to notice cyclists or react in time to avoid an accident
- Distracted driving- Texting, eating, or adjusting the radio can lead to serious crashes
- Opening car doors without looking (“Dooring” accidents)- Dooring accidents happen when drivers in parked cars open their doors into a bicyclist’s path, leading to severe crashes.
- Running a red light- Drivers who run red lights can cause serious accidents.
Pedestrians
Pedestrians might share some liability for causing an accident. For example, if a pedestrian jaywalks instead of using the crosswalk to cross the street, they might have legal liability if an accident happens.
City or Government Entities
A bicyclist might have a claim against a city or government entity if the accident happened because of poor road conditions, for example. Filing a claim against a government entity can be difficult, but an attorney can navigate the challenges that arise in cases against the government.
Bicycle or Equipment Manufacturers
A bicyclist might have a claim against the manufacturer if the bike or a bike part is defective, and that defect caused the injury. An attorney can identify the responsible manufacturer and hold them accountable for causing your accident and harm.
What Do I Need To Prove To Win a Bicycle Accident Case?
You must prove the elements of a negligence claim to win a bicycle accident case. To file and win a personal injury lawsuit, you must prove that:
- The other party had a duty of care to the cyclist- All motorists are legally required to drive safely and follow traffic laws.
- The driver or other party breached their duty of care- For example, another driver was speeding, distracted, intoxicated, or otherwise careless.
- That the breach of duty caused the cyclist’s injuries- You must prove that, except for their actions, you did not suffer an injury.
- You suffered damages—The bicyclist must show that they suffered injuries, such as medical bills, lost income, or pain and suffering.
What Evidence Helps Prove Liability?
You will need to have sufficient proof to win a bike accident claim. You must prove the four elements of negligence, including duty, breach, causation, and damages. Here is the kind of evidence that proves negligence:
- Police reports
- Medical records
- Traffic camera footage
- Dashcam footage
- Eyewitness statements
In addition to the above evidence, an attorney can obtain medical professional testimony and accident reconstruction reports. These types of evidence can be vital to building a strong case but are often difficult to obtain as an individual.
What Compensation Is Available After a Bicycle Accident?
The options for compensation that you are entitled to after a crash depends on the facts surrounding the accident. If a driver hit you while biking, you may be entitled to compensation for:
Economic Damages
Economic losses include the financial losses related to the accident. Economic damages are usually easy to identify, but working with an attorney is the best way to ensure you get what you deserve after an accident. Here are some examples of economic damages available after a bicycle accident:
- Bicycle repair or replacement costs
- Future medical care (for long-term injuries or disabilities)
- Lost income (if you miss work due to injuries)
- Medical bills (hospital visits, surgeries, rehab, physical therapy)
Non-Economic Damages
Non-economic losses are intangible accident-related losses. These losses are hard to identify, so working with an attorney is the best way to ensure that you assert your rights to compensation and do not leave any money on the table during the negotiation phase of your settlement process. Here are some examples of non-economic losses after a bicycle accident:
- Pain and suffering (from physical and emotional accident-related trauma)
- Emotional distress and mental health care costs
- Loss of quality of life (if your injuries prevent you from biking, working, or enjoying hobbies)
Punitive Damages
In rare cases, courts award punitive damages intended to punish the defendant, not to compensate the victim. Courts generally award punitive damages in cases of gross negligence after a bicycle accident. For example, suppose the driver that caused the accident was under the influence of drugs or alcohol. In that case, the court might award punitive damages to encourage deterrence of similar behavior in the future.
A severe bike accident can leave you with serious injuries, and that means an expensive recovery. Working with an attorney can ensure you secure the full and fair compensation you deserve after an accident.
What Should I Do After a Bicycle Accident?
The steps you take after a bicycle accident are essential to the success of your accident claim. If a car has hit you while biking, taking the right steps can protect your legal rights and increase your chances of receiving compensation. Consider taking these steps:
Seek Medical Attention Immediately
The most important thing is your physical well-being. See a doctor immediately after a bicycle accident. Even if you feel fine, your injuries might not appear for hours or days after the accident.
Seeking medical attention is also very important to your legal claim. Failing to see a doctor after an accident gives the insurance company the ability to claim that your injuries are not as serious as you say that they are.
Get A Copy of the Police Report
Get a copy of the police report after a bicycle accident. The police report determines liability after an accident, and the insurance company relies on it during its investigation.
Start Gathering Evidence
Start gathering evidence as soon as possible. Take pictures and videos of your injuries and property damage. Share any information about your lost income, pain and suffering, and other pertinent information about your case.
Get Witness Contact Information
Statements from bystanders can strengthen your case. Try to gather eyewitness contact information and share it with your attorney, as their accounts can provide valuable insight and support your version of events.
Avoid Speaking to the Insurance Company Alone
Never speak to an insurance company without getting legal guidance first. The driver’s insurer may try to deny or minimize your claim. Contact a lawyer to communicate with the insurance company and protect your interests.
Consult a Bicycle Accident Attorney
Call an attorney to learn more about and protect your legal rights. A bike accident lawyer can protect your rights and negotiate for full compensation.
Taking these steps is important because the sooner you act, the stronger your case will be. If you have suffered an injury in a bicycle accident, contact a lawyer now.
How Long Do I Have To Sue After a Bicycle Accident?
Time is of the essence when you are pursuing a bicycle accident claim. Every state has a statute of limitations for filing civil lawsuits. The statute of limitations is a deadline set by state law to file a claim. Failure to comply with a statute of limitations can harm your bicycle accident claim. Working with an attorney will ensure you meet this important deadline and comply with other procedural rules.
Can You Sue If the Driver’s Insurance Denies Your Claim?
You can file a claim with your insurance company if the driver has inadequate insurance. You can file a claim to recoup your losses if you have opted to carry uninsured insurance or underinsured motorist coverage.
Remember that insurance companies are still looking to protect their profits even when working with your company. Even if you work with your insurance company, contact an attorney first.
Do I Need a Bicycle Accident Attorney?
You need an attorney if you suffered an injury in a bicycle accident. You deserve justice and fair compensation. Here are ways an experienced bicycle accident attorney can strengthen your case for financial compensation:
- Your lawyer will handle all communication with the insurance company and will handle negotiations, which can often feel intimidating for individuals.
- An experienced attorney will handle bicycle accident claims and file a personal injury lawsuit if settlement negotiations fail.
- A lawyer understands state law regarding bicycle accidents, so you can rest assured that you will get everything you deserve from a negligent party.
Having a bicycle accident attorney will help protect you after an accident. You deserve legal support. An attorney will answer your questions and make sure you feel comfortable with the decisions you make throughout the claims process.
Challenges In Winning Bicycle Accident Cases?
There are certain challenges present in bicycle accident cases. Bicyclists have the same rights as motorists on the road, but getting the justice you deserve can be far from simple when accidents happen. Here are some unique challenges in bicycle accidents:
Proving Negligence
Proving negligence in a bicycle accident can be difficult. Many of these accidents happen in split-second moments, making it difficult to gather clear evidence of negligence. Without solid proof, insurance companies may try to deny liability or reduce your settlement. That's why having an experienced attorney to investigate the circumstances and gather key evidence is essential to strengthen your case.
Drivers Often Blame Cyclists for the Crash
Many drivers automatically assume cyclists are at fault for accidents. Cyclists have the right to ride on most roads, but if a driver convincingly argues the cyclist was reckless, it can impact the case. Insurance companies love to use these arguments to reduce payouts or deny claims.
Hit and Run Accidents
Drivers might continue driving even if they cause an accident. It can be difficult to find a driver who fled the accident scene. Working with an attorney ensures an investigation into the cause of the crash, helping you secure the compensation you deserve.
Contact a Bicycle Accident Attorney Today!
Being hit by a car while riding a bike can leave you with serious injuries, medical bills, and financial stress. You can seek compensation if driver negligence, poor road conditions, or a defective bike part caused your accident.
Contact an experienced bicycle accident attorney today. Lawyers understand the challenges that cyclists face when pursuing legal action. Insurance companies will try to blame you, minimize your injuries, and deny your claim- but a personal injury attorney will not let that happen.
Time is of the essence! Contact a lawyer immediately after a bicycle accident to protect your legal rights and preserve your ability to recover full and fair compensation after an accident. The sooner you act, the stronger your case will be, increasing your chances of a successful outcome.
You do not need to do this alone. Call a bike accident lawyer to start creating your legal team today. With an experienced attorney, you can navigate the legal complexities and focus on your recovery.