Riding a bicycle is a great way to get around, whether you're commuting to work, running errands, or just enjoying the outdoors. Unfortunately, bicycle accidents are all too common, and they can result in serious injuries or even death. If you or a loved one has been in a bicycle accident, it's important to understand your legal rights and options. A skilled bicycle accident lawyer can fight for the compensation you deserve. Let's go over some of the most common types of bicycle accidents and discuss how a bicycle accident attorney can help if you've suffered an injury.
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Dooring Accidents
One of the most common types of bicycle accidents is "dooring." This happens when a driver or passenger in a parked vehicle opens the door right into the path of an oncoming bicyclist. The bicyclist may have little or no time to react and can slam into the door at full speed. Dooring accidents can be extremely dangerous for cyclists. Even if the cyclist is wearing a helmet, they can suffer serious injuries like broken bones, head trauma, spinal cord damage, and more. In some cases, dooring accidents can even be fatal. Legally, drivers and passengers are responsible for checking for oncoming traffic, including cyclists, before opening their car doors. If they fail to do so and cause an accident, they may be liable for the cyclist's injuries and damages. A bicycle accident lawyer can help investigate the circumstances of a dooring accident and build a strong case for compensation. They may collect evidence like witness statements, accident reports, and medical records to prove the driver's negligence and the extent of the cyclist's injuries.Left Cross Accidents
Another common bicycle accident type is a "left-cross" or "right-hook." This occurs when a driver makes a left turn directly in front of an oncoming cyclist, cutting them off and causing a collision. It can also happen when a driver turns right at an intersection without yielding to a cyclist in the bike lane.
Left cross and right hook accidents are particularly dangerous because they often involve a vehicle striking a cyclist at a perpendicular angle. This can result in the cyclist being thrown from their bike or run over by the vehicle.
When turning left, drivers have a legal duty to yield the right-of-way to oncoming traffic, including cyclists. They also must check for cyclists before turning right across a bike lane. Failing to do so is a form of negligence that can make them liable in the event of an accident.
A bicycle accident attorney can help prove that the driver was at fault in a left-cross or right-hook accident. They may use evidence like traffic camera footage, accident reconstruction, and eyewitness testimony to build a compelling case.
Rear-End Collisions
Rear-end collisions are another common type of bicycle accident. They occur when a driver strikes a cyclist from behind, often because the driver is following too closely, driving too fast, or simply not paying attention.
Rear-end collisions can be especially severe for cyclists because they have little protection from the impact. Even with a helmet, a cyclist can suffer catastrophic injuries like traumatic brain injury, spinal cord damage, and internal bleeding.
Legally, drivers must maintain a safe following distance and drive at a reasonable speed for the conditions. If they fail to do so and cause a rear-end collision with a cyclist, they may be liable for the resulting injuries and damages.
A bicycle accident lawyer can help investigate a rear-end collision and identify all potentially liable parties. In some cases, this may include the driver who directly struck the cyclist and their employer if they were driving a commercial vehicle or even the manufacturer of a defective vehicle part that contributed to the accident.
Right Cross Accidents
Right-cross accidents are similar to left-cross accidents, but they occur when a driver pulls out from a side street, parking lot, or driveway directly into the path of an oncoming cyclist. This can happen when the driver fails to see the cyclist, misjudges their speed, or simply doesn't yield the right-of-way. Right-cross accidents can be particularly dangerous for cyclists because they often occur at high speeds and with little warning. The cyclist may have no time to react before colliding with the vehicle. Like other types of accidents, drivers have a legal duty to yield to oncoming traffic, including cyclists, when entering a roadway. Failing to do so is a form of negligence that can make them liable for any resulting injuries or damages. A bicycle accident attorney can help gather evidence to prove that the driver was at fault in a right-cross accident. This may include surveillance footage from nearby businesses, witness statements, and accident reconstruction by expert witnesses.Sideswipe Accidents
Sideswipe accidents occur when a driver veers into the bike lane or shoulder and strikes a cyclist from the side. This can happen when a driver is distracted, under the influence of drugs or alcohol, or simply not paying attention to the road. Sideswipe accidents can cause the cyclist to lose control of their bike and crash, potentially resulting in serious injuries like road rash, broken bones, and head trauma. Sometimes, a sideswipe accident can even push the cyclist into oncoming traffic, increasing the risk of a fatal collision. Drivers have a legal duty to maintain their lane and to avoid drifting into the bike lane or shoulder. If they fail to do so and cause an accident, they may be liable for the cyclist's injuries and damages. A bicycle accident lawyer can help investigate a sideswipe accident and build a strong case for compensation. They may use evidence like skid marks, damage to the vehicle and bicycle, and witness statements to prove the driver's negligence.Intersection Accidents
Intersections are a common location for bicycle accidents, particularly when drivers fail to yield the right-of-way or run a red light or stop sign. This can result in a collision between a vehicle and a cyclist crossing the intersection legally.
Intersection accidents can be especially dangerous for cyclists because they often involve high speeds and multiple points of impact. The cyclist may be struck by the initial vehicle and thrown into the path of oncoming traffic.
Drivers have a legal duty to obey traffic signals and to yield the right-of-way when required. Failing to do so is a form of negligence that can make them liable for any resulting injuries or damages.
A bicycle accident attorney can help investigate an intersection accident and identify all potentially liable parties. These may include the driver who initially struck the cyclist and any other drivers who contributed to the accident by running a red light, speeding, or engaging in other reckless behavior.
Hit-and-Run Accidents
Unfortunately, some drivers who cause bicycle accidents flee the scene rather than stopping to render aid and exchange information as required by law. This is known as a hit-and-run accident, and it can make it much more difficult for the injured cyclist to recover compensation. Hit-and-run drivers may face criminal charges and civil liability for the accident. However, this can be little comfort to an injured cyclist with mounting medical bills and other damages. A skilled bicycle accident lawyer can help investigate a hit-and-run accident and work to identify the responsible driver. They may use evidence like surveillance footage, witness statements, and accident reconstruction to build a case. Even if the driver cannot be located, a bicycle accident attorney may still help the injured cyclist recover compensation through other means, such as uninsured/underinsured motorist coverage or a personal injury lawsuit against a negligent property owner or municipality.Drunk/Distracted Driving Accidents
Bicycle accidents can also be caused by drivers who are under the influence of drugs or alcohol or who are distracted by their phones, GPS, or other devices. These types of accidents are especially dangerous because the driver's impairment can make it more difficult for them to see and react to cyclists on the road. Drunk and distracted driving are both forms of negligence that can make a driver liable for any resulting accidents and injuries. In some cases, they may even face criminal charges and civil liability. A bicycle accident lawyer can help investigate a drunk or distracted driving accident and build a strong case for compensation. They may use evidence like toxicology reports, phone records, and witness statements to prove the driver's negligence and the extent of the cyclist's damages.Why You Need a Bicycle Accident Lawyer
If you or a loved one has suffered an injury in a bicycle accident, it's important to understand your legal rights and options. A skilled bicycle accident lawyer can explain the legal process and fight for the compensation you deserve.
Here are just a few of the ways a bicycle accident attorney can help:
Investigating the Accident and Gathering Evidence
One of the most important things a bicycle accident lawyer can do is investigate the accident and gather evidence to build a strong case. This may include:- Visiting the accident scene and taking photos or videos of the area
- Collecting police reports, accident reports, and other official documents
- Interviewing witnesses who saw the accident happen
- Obtaining surveillance footage from nearby businesses or traffic cameras
- Working with accident reconstruction experts to analyze skid marks, damage to the vehicles, and other physical evidence
Identifying All Potentially Liable Parties
Another key role of a bicycle accident lawyer is identifying all potentially liable parties and sources of compensation. In many cases, there may be multiple parties who share responsibility for the accident, such as:- The driver who directly struck the cyclist
- The driver's employer, if they were on the job at the time of the accident
- The manufacturer of a defective vehicle part that contributed to the accident
- A negligent property owner who failed to maintain a safe road or intersection
- A city or municipality that failed to provide adequate bike lanes or traffic control devices
Negotiating with Insurance Companies
After a bicycle accident, the injured cyclist will likely need to deal with one or more insurance companies to seek compensation for their damages. This can be daunting and frustrating, as insurance adjusters may try to minimize or deny valid claims. A skilled bicycle accident lawyer can handle these negotiations on behalf of the injured cyclist. They can:- Communicate with insurance adjusters and provide evidence of the cyclist's damages
- Counter lowball settlement offers and fight for fair compensation
- Advise the cyclist on whether to accept a settlement offer or continue negotiating
- Protect the cyclist's rights and ensure that they are not taken advantage of by the insurance company
Filing a Lawsuit and Representing You in Court
Sometimes, it may be necessary to file a personal injury lawsuit to seek compensation for a bicycle accident. This may be the case if the insurance company refuses to offer a fair settlement or if the liable party denies responsibility for the accident. A bicycle accident lawyer can handle all aspects of the lawsuit process, including:- Drafting and filing the initial complaint
- Conducting discovery and deposing witnesses
- Attending court hearings and arguing motions
- Negotiating with the defense attorney to reach a settlement
- Representing you at trial and presenting your case to a judge or jury
Connecting You with Medical Providers and Other Resources
Finally, a bicycle accident lawyer can help connect you with medical providers and other resources to aid in your recovery after the accident. This may include:- Recommending doctors or specialists who have experience treating bicycle accident injuries
- Helping you obtain medical records and bills to document your injuries and treatment
- Connecting you with mental health professionals to address any emotional trauma from the accident
- Assisting with property damage claims and repairs to your bicycle or other personal property
- Providing guidance on how to manage your finances and deal with creditors while you are recovering from your injuries