Bicycle accident lawyers specialize in representing cyclists who have been injured in accidents, advocating for their rights and securing fair compensation for damages.
Accidents involving bicycles can lead to severe injuries due to the lack of physical protection for cyclists compared to car occupants.
When an accident occurs, having an experienced lawyer is essential to navigating the complex legal landscape and ensuring that victims receive the justice they deserve.
Understanding Bicycle Accident Law
In most jurisdictions, laws are designed to protect cyclists on the road, recognizing them as vulnerable road users. These laws typically outline the responsibilities of both drivers and cyclists, detailing the proper conduct in terms of right-of-way, safety gear requirements, and road usage rules. Despite these protections, cyclists face significant risks from distracted drivers, poorly maintained roads, and even other cyclists or pedestrians.
Common Causes of Bicycle Accidents: Bicycle accidents often stem from negligence on the part of drivers, such as failing to check blind spots, speeding, or distracted driving. Poorly maintained roadways, defective bicycle parts, and even weather conditions also contribute to accidents. Understanding the legal implications of these causes is essential in building a strong case for compensation.
Types of Bicycle Accident Cases
Bicycle accidents can occur in various scenarios, each presenting unique legal challenges. The three primary categories include:
- Accidents Involving Vehicles: These are the most common type, typically resulting from drivers failing to yield, following too closely, or overtaking dangerously. Car-on-bicycle collisions often lead to serious injuries and, in severe cases, fatalities.
- Bicycle Accidents Caused by Road Hazards: Poor road conditions, such as potholes, gravel, or debris, can cause cyclists to lose control and crash. If the government or property owner is responsible for maintaining the roadway, they may be liable for damages.
- Pedestrian and Cyclist Collisions: Although less common, collisions with pedestrians or other cyclists can result in injuries to both parties. Liability in these cases depends on the circumstances and may involve shared responsibility.
Common Injuries in Bicycle Accidents
Due to the lack of protection for cyclists, injuries sustained in bicycle accidents can be severe and life-altering.
- Head Injuries and Concussions: Even with helmets, cyclists are at risk of head trauma, which can result in concussions or traumatic brain injuries (TBI). These injuries often require extensive medical treatment and rehabilitation.
- Broken Bones and Fractures: Collisions with vehicles or hard falls can lead to broken bones, especially in the arms, legs, and ribs. These injuries may necessitate surgery and prolonged physical therapy.
- Spinal Injuries: Injuries to the back and spine can have long-term consequences, including chronic pain, mobility limitations, or even paralysis in severe cases.
Determining Liability in Bicycle Accidents
Establishing liability in a bicycle accident case is critical to securing compensation. Liability often depends on proving fault, which requires a clear understanding of the accident’s circumstances.
- How Liability is Determined: Liability may lie with the vehicle driver, cyclist, or a third party. In cases involving motor vehicles, liability is often determined by examining if the driver was speeding, distracted, or disobeying traffic laws. In other scenarios, the cyclist may hold partial responsibility if they were violating cycling laws, like running a red light.
- Responsibilities of Drivers, Cyclists, and Pedestrians: Each party on the road has a duty of care to avoid causing harm. Drivers must yield to cyclists when necessary, maintain safe following distances, and avoid distracted driving. Cyclists, on the other hand, are required to follow traffic laws and use designated cycling lanes where available. In some cases, pedestrians who step into bike lanes without checking may also bear some responsibility.
Importance of Gathering Evidence Post-Accident
Building a solid bicycle accident case heavily relies on gathering crucial evidence immediately following the incident.
- Key Evidence to Collect: Vital evidence includes photos of the accident scene, damage to the bicycle and other vehicles, injuries, and road conditions. Witnesses should be identified, and their contact information recorded.
- Police Reports and Medical Records: A police report can provide an official account of the incident and document any citations issued, while medical records substantiate the injuries sustained. Medical documentation also helps in calculating damages related to medical expenses and future treatment needs.
The Role of a Bicycle Accident Lawyer
A bicycle accident lawyer plays a pivotal role in ensuring that the injured party receives fair compensation. Their expertise spans various critical responsibilities:
- Legal Consultation and Case Evaluation: Initial consultations allow the lawyer to assess the validity of the case, estimate potential compensation, and advise on next steps.
- Building a Strong Case: Lawyers gather and analyze evidence, consult with experts if necessary, and construct a compelling narrative that highlights the client’s damages and the other party’s negligence.
- Negotiating with Insurance Companies: Experienced bicycle accident lawyers understand how to handle insurance companies, who may attempt to reduce or deny compensation. Skilled negotiation by an attorney often leads to more favorable outcomes for the injured cyclist.
Finding the Best Bicycle Accident Lawyer
Any attorney can say they handle bicycle accidents. But not all lawyers have the same level of experience with this particular type of accident. The right attorney will evaluate your case, be open and honest, guide you through the process and obtain the best possible result. Here’s what to look for when looking for representation.
Seek Recommendations and Referrals
The best way to find a lawyer is through local referrals. If you have worked with an attorney for a divorce, will, home purchase or other matter, ask that lawyer for a referral to a bike accident attorney. This type of referral is generally very reliable. Check your local bar association for a referral service that can connect you with attorneys skilled in bicycle accidents. These referral programs often vet attorneys before they allow them to participate.
Bar associations also have subject area practice committees listed on their sites where attorneys who practice specific areas of law network. Look for the names of the present and past chairs of the personal injury or automobile accident committee. These attorneys are typically respected by their peers and experienced in this area of law.
Look for an Experienced Bicycle Accident Lawyer
You don’t want to be a learning experience for your lawyer. Instead, you want an attorney who has handled many bicycle accident cases. Be certain they have specific experience with bike accidents and not just car, motorcycle or pedestrian accidents. Bicycle accidents are a unique area of law.
Ask About Success Rates
Ask prospective attorneys about their case success rate. What amounts of settlements and awards have they obtained for clients? How many cases have they settled or won in the past year? This will give you an idea of their skill and their experience.
Look for a Contingency Contract
A bicycle accident lawyer should never ask you to pay them. Reputable accident attorneys take cases on a contingency basis only. If they win or settle the case, they usually receive one third of the award (but can vary by attorney). You may be asked to pay filing fees, or they may be deducted from the final award in the case. Always make sure you have a written retainer agreement with your attorney.
Why You Need a Bicycle Accident Lawyer
Injuries from bicycle accidents can be severe with significant injuries. You may be unable to work, need expensive medical care and/or suffer emotional distress. You need an attorney who can file your lawsuit, negotiate with the driver’s insurance company and ensure you get the compensation you deserve.
Negotiating on Your Own Is Unwise
The driver’s insurance company will likely contact you. You are free to work out an agreement on your own with them. But remember that they are professionals and insurance companies are for-profit entities. It is in their best interest to deny or negotiate down as many claims as possible. An attorney will represent your best interests and ensure you get what you are entitled to.
Preserve Your Legal Rights With a Lawyer
At the time of your bicycle accident, you likely provided a statement for a police report to provide your account of what happened and a record of any damages you sustained. Since the accident, the reality of the extent of your injuries and other damages may have become more apparent.
So get advice before you talk. Anything you say to police, investigators or insurance companies can be used against you in your case. Because of this, it is important to consult with an attorney before you do anything.
Interview Several Bicycle Accident Lawyers
Make appointments with three to five lawyers. Just as you would not buy a car without test driving several models, you should not hire an attorney without meeting with several. Take the time to determine if you feel comfortable with the person, if their staff is friendly and if you feel confident in their abilities.
Find out Who Will Handle Your Case
Be sure to meet and talk to the person who will be handling your case at that firm. The person doing intake may be different. Ask them how many bicycle accident cases they personally handle per year (as opposed to how many the firm handles). Get a feel for whether you like that attorney or not.
Understand Communication Expectations
Ask how frequently you should expect updates about your case. Learn how quickly the office returns calls or emails. Find out if your attorney will be available by text or cell phone. Get the name of their secretary or paralegal so you can always reach someone even if your attorney is in court.
Learn the Timeline of Your Bicycle Accident Case
Find out how long they expect the case will take. Ask them what steps may be involved and whether they think the insurance company will settle. Ask if they think your case is one that could be quickly settled or might be protracted.