If you have been injured in a bicycle accident, you might be eligible for an insurance settlement check, or a jury might award you money for your damages in court. However, you must take legal action to achieve either of these outcomes, as compensation is never automatic.
There are two phases to any bicycle accident claim: you must first prove that the other driver was legally responsible for the crash. Then, you must negotiate or fight for the full damages you are due.
Nothing comes easy in a bicycle accident case, and the burden of proof is on you to show that you even deserve money in the first place. When trying to prove fault for the accident, you may come up against a number of roadblocks, and the insurance company will only make things harder for you. Further, you have limited time to assemble an effective legal case proving you are entitled to financial compensation.
The best way to put forward the strongest possible case after a crash is to hire a bicycle accident attorney. Your lawyer can conduct a comprehensive investigation of the bicycle accident as soon as you hire them, attempting to gather the evidence you need to prove that the driver was negligent. Then, your bicycle accident attorney will prove your damages and fight for you to receive a full settlement check for your injuries. If the insurance company is trying to blame you for the bicycle accident, or they refuse to pay you what you are owed, your lawyer can push back and even file a lawsuit on your behalf. Speak to a bicycle accident lawyer today during a free initial consultation, where they will learn more about your case and explain your legal options. You owe your bicycle accident lawyer no legal fees unless you receive a settlement or win your case in court.
Bicycle Accident Statistics
Bicycle accidents have recently reached a multi-year high, and they remain at an elevated level. Roughly 40,000 to 45,000 people are injured each year in bicycle accidents. In one recent year, 1,084 cyclists were killed in accidents with motor vehicles. Bicycle accidents account for roughly one out of every fifty motor vehicle accident fatalities in the United States. The number of fatalities continues to increase, as there are more cyclists on the road than ever, and drivers are as distracted as they have ever been.
State Laws Protect Bicyclists
The laws of every state allow cyclists the right to a lane in traffic, and they usually ride on the right of the roadway. Bicyclists have the same right of way as others on the road, and drivers must yield to bicycles when necessary. If the driver is trying to pass the bicyclist, they must allow three feet of space to avoid getting too close to the cyclist.
Unfortunately, many drivers either do not know about bicycle laws or choose not to follow them. The fact that a driver does not know that they need to share the road with a bicyclist is not an excuse if the motorist causes an accident. They will still be legally responsible and obligated to pay the bicyclist financial compensation.
You Must Prove Negligence to Win a Bicycle Accident Case
When you have suffered an injury in a bicycle accident, your compensation is based on showing that the driver who hit you was negligent. In legal terminology, “negligence” has a very specific meaning. Negligence means that the driver did something considered unreasonable under the circumstances. In other words, they did something a reasonable and safe driver would never have.
Whether the driver actually did something unreasonable is always a matter of debate. Therefore, you must begin your case by proving the driver’s conduct in the circumstances that led to your accident. Then, you compare it to what an average driver should have done to determine if this particular motorist was negligent.
Negligence can be a surprisingly complicated legal concept, which means a bicycle accident lawyer should always address these issues in your case. Some examples of negligence in a bicycle accident include:
- Not giving you enough room when the motorist tries to pass you
- Following too closely behind the bicycle in traffic
- Not yielding the right of way when it is required by law
- Not seeing the bicyclist because the motorist was distracted (for example, they may have been looking down at their phone to read or send a text)
- Making a lane change that strikes a bicyclist who is riding in traffic
You Have an Obligation to Prove Negligence
When seeking compensation for a bicycle accident, you have an affirmative obligation to prove that the driver was negligent. You must meet a legal burden of proof to qualify for financial compensation. Your burden of proof is to show the facts in your case by a preponderance of the evidence. This means it is more likely than not the driver was negligent.
Everything you say about your bicycle accident must be backed up by evidence. It is not enough to say the driver was to blame for your accident. You need to show why they were responsible by presenting proof. Such proof is necessary whether you are in the insurance claim or trial stage. Your bicycle accident attorney must gather sufficient evidence while it is still fresh and available, so you should never delay starting the process.
Helpful Evidence in a Bicycle Accident Case
Types of evidence that can help your bicycle accident case include:
- Eyewitness testimony from third parties who saw the accident is often your most effective form of proof since people give it without a financial interest who can relate a direct story
- You can use pictures of the accident scene to tell the story of the crash, although it may require some inferences. These pictures might come from the accident report or witnesses nearby
- There may have been dashcam footage of the accident that an involved driver or a nearby motorist captured. Businesses or homes might have security cameras that captured the crash
- Your bicycle accident lawyer may work with an accident reconstruction expert who can recreate the crash, giving their opinion that the driver was the cause of it
- You may use the police report, which contains the conclusions the officer reached about what happened when they showed up at the scene. However, you cannot rely on the police report if your case goes to trial since it is not admissible evidence.
If the driver was breaking a law at the time of the accident, the violation can be proof of their negligence. There is a concept in the law called negligence per se, which holds that certain acts are proof in themselves of negligence. If the driver was issued a ticket and convicted of an illegal action by the officer who came to the scene, it can be adequate proof of negligence in your case without additional evidence.
Whether a driver was negligent depends on the facts and circumstances of your situation. Certain things may be considered negligence without much question. For example, if the driver struck you because they were speeding and they did not see you, that may be considered negligence. However, there are other cases where liability may be a closer call. For instance, if a driver or car passenger opened a door into your path, the question may be whether you should have seen it when you were approaching.
You Could Find Yourself Blamed for a Bicycle Accident
There is always a chance that the insurance company may either try to blame you entirely or argue that you bear part of the responsibility for the accident. You should never leave these allegations unanswered. If you let the insurance company make unchallenged accusations against you, it can eliminate or reduce your compensation. Although it may seem unfair to face wrongful blame, it is necessary to remain objective and present evidence to exonerate yourself. When you hire a bicycle accident lawyer, they will gather proof to refute the insurance company’s allegations. This maximizes the compensation you can obtain in the end.
The insurance company does not get to make the final determination whether their driver was to blame for the accident. They may get to form their own opinion, and they can even deny your claim, but they do not get the final say. If the insurance company will not pay you at all, or if they stick to an unreasonable position that you are partly to blame for the accident, you have the right to litigate the case. Then, a jury will hear the case and reaches factual conclusions about your accident. Your lawyer’s ability to litigate your case is what often makes the insurance company back down in settlement negotiations because they do not want to pay the costs of defending a lawsuit, and they do not want to cede control of your case to a jury.
You Need to Hire a Bicycle Accident Lawyer Right After the Crash
Given the challenges you might face in proving negligence, you must contact a bicycle accident attorney immediately. Here, time is of the essence. The more time passes, the more difficult it may be to prove that the driver was negligent. Evidence can be lost quickly, and beginning your case months in the future can mean you are without vital proof. Even if it takes some time for you to file an actual claim, your bicycle accident lawyer can begin the investigation practically right after you hire them. Your bicycle accident attorney understands the urgency of the situation and why they need to act quickly. You must do everything within your control to protect your claim, which means seeking immediate medical attention and then hiring an attorney as quickly as possible.
You Need to Fight for Full Compensation
Even if you can prove negligence in your bicycle accident case, it is only the first part of the story. Next, you must ensure you receive adequate compensation for your bicycle accident injuries. This is one of the crucial reasons why you should hire a bicycle accident lawyer. Without the help of a bicycle accident attorney, you likely will not know the true value of your case. You will be at a distinct disadvantage, as the insurance company has this information and knows how to minimize your settlement. If you do not have a bicycle accident lawyer on your side, you might unknowingly accept whatever the insurance company offers you, thinking it is a good deal, when, in fact, you settled your case for far less than it is worth.
A bicycle accident lawyer knows how to quantify the value of your case before you file a claim or lawsuit. They gather documentation of your damages so you can prove them with certainty. Then, your bicycle accident attorney goes to work either negotiating with the insurance company or litigating your case in court. Their job is to stand up and fight to maximize the value of your case. It can take some time to negotiate the right settlement for you. Still, your bicycle accident attorney can put pressure on the insurance company to operate on a more reasonable timetable.
You Pay Nothing Upfront to Hire a Bicycle Accident Lawyer
It does not cost you any money initially to hire a bicycle accident lawyer, and it costs you no legal fees at all if you do not win your case. You never have to pay any money upfront to a bicycle accident attorney. Your bicycle accident lawyer only receives fees on a contingency basis. If you receive a settlement or you win your case in court, the bicycle accident lawyer receives a percentage of the proceeds of your case as their fees.
Because there are no additional financial concerns, there is no reason to wait. Schedule a free case evaluation with a personal injury lawyer in your area now. They can advise whether you might sue someone for hitting you on your bike and take necessary action.