Cycling on the road involves risks because cyclists are vulnerable next to multi-ton vehicles. When a crash happens, it’s often due to a driver’s failure to safely share the road, leaving the cyclist with serious injuries and complex legal questions.
An experienced bicycle accident lawyer evaluates the specifics of a collision to protect a victim's rights and pursue the financial recovery they need.
Key Takeaways
- Negligent driving, such as distraction or failing to yield, is one of the most common causes of bicycle accidents.
- Intersections are common high-risk locations for serious bicycle accidents.
- Many states have traffic laws that grant cyclists the same rights as motorists, yet collisions frequently happen because drivers ignore these rules.
A Look at the Data: The Realities of Cycling Safety on the Road
Riding your bike, while beneficial for health and the environment, carries definite risks that become painfully clear after an accident. Figures from 2023 show a total of 1,377 bicyclist deaths in the country. A deeper look into this number reveals a critical pattern for cyclists concerned with road safety.
Motor vehicles were involved in 937 of those fatalities, confirming that collisions with cars and trucks are the primary source of lethal danger. The remaining 440 deaths resulted from other factors, like falls or hitting stationary objects.
While fatal incidents are a major concern, the trend in non-fatal injuries also signals a growing problem. From 2021 to 2022, non-fatal injuries for cyclists in the U.S. increased by 8%. This rise suggests that dangerous encounters on the road are becoming more common.
How Infrastructure Impacts Cyclist Safety
The design of our cities and streets plays a significant role in accident prevention. When municipalities invest in cyclist-focused infrastructure, the positive effects are clear.
Research shows that protected bike lanes, which create a physical barrier between cyclists and motor vehicles, are highly effective. These dedicated paths reduce serious injuries and deaths by nearly half. They create a safer environment where cyclists are less exposed to traffic.
Additionally, the "safety in numbers" phenomenon develops. As more people begin to cycle in a particular area, drivers become more accustomed to seeing and anticipating their presence. This increased awareness naturally leads to a reduction in crash rates over time.
Common Causes of Cycling Crashes
Many bicycle accidents are preventable and occur because of a driver's choices. While many cyclists take every precaution, they cannot control the actions of drivers who share the pavement with them.
These incidents frequently result from a momentary lapse in a driver's attention that has lasting consequences for the bicyclist.
Common driver errors that endanger cyclists include:
- Distracted Driving: A motorist who is texting, using a phone, eating, or adjusting the radio isn’t focused on the road. Distracted drivers may fail to see bicyclists in a bike lane, at an intersection, or riding alongside them, leading to a crash.
- Failure To Yield: Intersections are high-risk zones where accidents often happen when drivers fail to yield, such as making a left turn into an oncoming cyclist's path or pulling out from a side street without looking properly.
- Unsafe Lane Changes and Turns: Drivers who change lanes without checking their blind spots can easily strike a cyclist. Abrupt right turns across a bike lane without signaling are a well-known hazard that shows disregard for others on the road.
Establishing Liability: Who Is Liable When a Car Hits a Bicyclist?
In most bike-vehicle collisions, the investigation focuses on the motorist's actions and whether they acted negligently. Negligence is a failure to use reasonable care, resulting in harm to another person.
Common examples of driver negligence include:
- Speeding: A driver who exceeds the speed limit has less time to react to a cyclist and causes a more forceful impact.
- Driving Under the Influence: A motorist impaired by alcohol or drugs has diminished judgment, coordination, and reaction time.
- Ignoring Traffic Signals: Running a red light or a stop sign can place a cyclist directly in a vehicle's path with no time to evade the collision.
- Dooring: A driver or passenger who opens a car door into the path of an oncoming cyclist can cause a serious accident.
Other Potentially Liable Parties
Sometimes, a party other than the driver may be responsible for the accident. For example, if a vehicle malfunction caused the crash, the car's manufacturer may bear some liability.
A government entity may be held responsible for poor maintenance if a hazardous road condition, like a large pothole, contributed to the crash. Identifying all potentially liable parties is a complex process; a thorough investigation explores all factors that contributed to the incident.
Proactive Strategies for Safer Cycling on the Road
Motorists have a legal duty to drive with care around bicyclists, but this doesn’t always happen. You can take proactive measures to protect yourself on the road. Employing defensive cycling strategies places you in a better position to avoid a collision.
Communicate Your Intentions Clearly
Your actions on the road communicate your next move to others. Travel in a steady, predictable path, avoiding abrupt movements or swerving. Use appropriate hand signals well in advance of a turn or lane change to inform drivers of what you plan to do.
At intersections and driveways, establish visual confirmation that a driver sees you before proceeding.
Maintain a Cushion of Space
Always leave a safe buffer between your bicycle and the vehicle directly ahead of you. This distance gives you crucial time to stop if the car brakes suddenly. It also helps position you within the driver’s field of vision in their mirrors, reducing the chance of an unexpected incident.
Control Your Position in the Lane
Claim your space in the travel lane when your safety requires it. Riding on the far edge of the road can make you less visible and leave you with no escape route from potholes or debris.
Positioning yourself centrally in the lane makes you more apparent and often prevents motorists from attempting an unsafe pass within the same lane.
Wear Appropriate Gear
Wear gear that enhances your safety and visibility. A properly fitted helmet provides protection in the event of a fall or collision. Bright, fluorescent, or reflective clothing helps you stand out to drivers, especially during daytime hours.
A white front light and red rear light are a must for safe cycling at night or in low-light conditions.
What To Do After Being Hit by a Car on a Bike
After an accident, the steps you take can protect both your health and your legal rights. If you've already received medical attention, focus on documenting the incident and initiating your bicycle accident claim.
These actions help build a strong foundation for your case:
- Preserve All Evidence: Keep the clothes you were wearing and the damaged bicycle in their post-accident condition. Don’t repair your bike. These items are tangible proof of the collision's impact.
- Document Your Injuries: Take photographs of your injuries throughout your healing process. Keep a journal detailing your daily pain levels, physical limitations, and emotional state. This record provides a compelling narrative of your suffering.
- Organize Your Paperwork: Create a file for all accident-related documents, including the police report, medical records, bills, receipts for out-of-pocket expenses, and any letters from insurance companies.
- Track Lost Income: Obtain a letter from your employer that details your job title, pay rate, and the dates you were unable to work due to your injuries. If you’re self-employed, gather documents that show your earnings history.
- Refrain From Public Statements: Don’t discuss the accident or your injuries on social media platforms. Insurance companies may use your posts to argue that your injuries are less severe than you claim.
- Speak With an Attorney: Contact a bicycle accident lawyer to review your case. An attorney can handle communications with the insurance company and guide you on how to file a claim after a bicycle accident.
How a Lawyer Helps With Your Bicycle Accident Claim
After an accident, you may be focused on your physical recovery, but the legal and financial aspects demand immediate attention. An attorney manages every part of your bicycle accident claim so you can concentrate on healing.
A lawyer works to secure the maximum compensation possible for your injuries and losses. Their involvement shifts the balance, allowing you to deal with the at-fault party's insurance company from a position of strength.
Here is what an attorney does for you:
- A Full Investigation: An attorney gathers all evidence, including police reports, witness statements, and photos from the scene, to build a comprehensive view of how the accident happened.
- Communications: A lawyer handles all communications with insurance adjusters, protecting you from tactics that devalue your claim.
- Calculating Your Damages: Your legal team compiles a detailed account of all your damages, from medical expenses to lost wages and pain and suffering, to demand full cyclist injury compensation.
- Negotiation and Litigation: Your bicycle accident lawyer aggressively negotiates with the insurance company for a fair settlement. They can take your case to trial if a just offer is off the table.
FAQ for How Safe Is Cycling on the Road?
How Does a Lawyer Prove a Driver Was at Fault for My Bike Accident?
To prove a driver caused a crash, your lawyer gathers evidence showing how their carelessness caused the accident. The police report often includes the officer's first opinion on who was at fault.
Statements from people who saw the accident, pictures of the crash site, and videos from traffic or security cameras also provide strong proof.
Who Is Liable When a Car Hits a Bicyclist at an Intersection?
Liability in an intersection accident depends on who had the right-of-way. This involves analyzing traffic signals, stop signs, and the actions of both the driver and the cyclist. If the driver ran a red light, failed to yield while turning, or otherwise violated traffic laws, they’re likely at fault.
How Long Do I Have To File a Bicycle Accident Claim?
Every state has a law known as the statute of limitations, which sets a strict deadline for filing a personal injury lawsuit. This time limit varies significantly from state to state, ranging from one year to six years. You’ll lose your right to sue the at-fault party if you miss this deadline.
What Happens if I’m Partially Blamed for the Bicycle Accident?
It’s common for the other party's insurance company to suggest that you, the cyclist, were partially at fault for the collision. How this blame game impacts your claim depends entirely on the laws in the state where the accident occurred.
Most states follow a modified comparative negligence rule. In this system, your total compensation is reduced by your assigned percentage of fault, but you can only recover damages if your fault is below a certain threshold, typically 50% or 51%.
Other states use a pure comparative negligence system, where you can recover damages even if you were mostly at fault, though your percentage of blame still reduces your award.
A few states have a very strict contributory negligence rule, which bars you from recovering any compensation if you’re found to be at fault.
What if the Driver Who Hit Me Fled the Scene?
Realizing you were involved in a hit-and-run accident is disappointing on top of everything else, but avenues for compensation are still available. Your Uninsured Motorist (UM) coverage can assist if the at-fault driver fled the scene.
This coverage acts as the insurance the fleeing driver should have carried. A bike crash lawyer can assist you in filing a claim with your own insurer.
An Advocate for Your Recovery
The road ahead after a bicycle accident can feel challenging, but you don’t have to ride it alone. Holding a negligent driver accountable provides a sense of justice and the financial resources you need to recover.
Auto Injury Litigation Center can help you understand your options and fight for the outcome you need. For a free consultation, call us at (866) 933-0623, or contact us online today.