Riding a bike gives you a certain vibe, whether it’s your only mode of transportation or you’re simply doing it for fun. You’re traveling in a clean, effective manner by utilizing the force of your own body. As you get some good exercise, the wind sweeps by you. Bicycling is becoming more accessible in communities than it has ever been.
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Accidents do happen, as they do with any mode of transportation. While riding your bike, you could be hit by a car. Bicycle accidents can cause serious injuries and costly damage because you’re more exposed to the weather. After a bicycle accident, you’ll almost certainly have to deal with an insurance company that will oppose your claim: It’s a case of “adding insult to injury,” as the old adage goes.
On the good side, Morgan & Morgan’s bike accident lawyers have years of experience with incidents involving various types of vehicles, including bicycles. Injured bicyclists have been successfully represented in cases against negligent drivers and insurance companies.
How Can a Bicycle Accident Attorney Help?
Bicycle accident cases might be just as complicated as standard car accident cases. As a result, it is critical to retain the services of an attorney following a collision. We’ll show you what a bike accident attorney can do for you in the sections below, and you’ll see that there’s a lot.
Your lawyer may do the following to assist you in recovering compensation for your losses:
- Obtain statements from witnesses.
- Examine accident and police reports.
- Recreate the accident’s scene.
- Inspect the bike for any damage and make a note of it.
- Examine the accused at-fault party’s driving record.
- Engage experts to examine medical records and stage accident reenactments.
The bicyclist may be subject to no-fault insurance laws depending on the state where the collision happens. Personal injury protection, or PIP, insurance would pay for the initial coverage in the case. If the injured cyclist also owns a car, reimbursement would be covered by their own insurance. If not, the insurance of the other party would ostensibly pay. However, it is not as simple as it appears.
Given the severity of injuries that might occur as a result of a collision with a motor vehicle, PIP insurance payments may not be sufficient to cover the full cost of your injuries and property damage. An attorney can help these people by:
Complete the PIP steps and collect the exhaust.
Determine the source of the problem and the source of the malfunction.
File a lawsuit against the party who was at fault for your accident.
Even if you were at fault, an attorney will be able to assist you in obtaining the full amount of compensation you are owed for your injuries. The attorney for a bicycle accident will make the at-fault party’s insurance company responsible for compensating you.
Do you need an experienced, tenacious advocate on your side while dealing with an insurance company? For a no-cost, no-obligation case examination, contact us immediately.
Here are two major types of bicycle accident lawsuits.
Neither the biker nor the driver will want to accept blame for the collision. The evidence your attorney has gathered and their ability to present it positively will determine culpability and causation. Identifying who had the right of way, failing to exercise reasonable care, and violating traffic regulations are all common issues in bicycle accident claims.
Bike accident claims that are successful will demonstrate that:
- The opposing party acted irrationally and violated the duty that motorists owe to one another.
- The accident was caused by this violation.
- The mishap resulted in and caused an injury.
Product Liability Claim
If the accident was caused by a product flaw, you may be able to sue the manufacturer. Your attorney will have to establish the following in a negligence action against a product manufacturer:
The bicycle or portion that was defective was “unreasonably unsafe.”
The bicycle was being used as intended by the manufacturer.
Since its acquisition, the bicycle’s performance has remained unchanged.
Successful “strict responsibility claims” will necessitate proof of the defect’s occurrence during the manufacturing process, as well as expert testimony and analysis.
Despite the fact that cars outnumber bicycles by a large margin, bikers are not immune to the risk of being involved in an accident. More than 1,000 bikers died in 2015, the most recent year for which data is available from the US Centers for Disease Control (CDC), and 467,000 bicycles were injured.
Another bicycle accident statistic: nonfatal bicycle-related injuries are most common among children and teenagers aged 5 to 19. According to government estimates, this accounts for more than a third of all bike-related injuries seen in American emergency departments.
There are several causes behind these accidents, including:
- Failure to yield the right of way
- Failure to see bicyclists approaching an intersection
- Running into or backing over cyclists
- Failing to use turn signals
- Failure to leave sufficient space
- Running red lights or stop signs
- Dooring, or opening a car door without checking the mirror(s) for cyclists
- Failure to look both ways when turning or crossing an intersection
- Aggressive or reckless driving
- Driving under the influence (among bicyclist deaths, for example, 37% had alcohol involvement for either the motor vehicle or bicycle rider, according to the CDC).