Bicycle Accidents and Determining Liability

bicycle accidents can occur in many different ways. One may sustain an injury from falling from a bicycle and striking one’s head or other body parts which results in broken bones, contusions or fractures. In addition, a bicycle accident injury can cause other injuries including but not limited to brain damage, organ damage, paralysis, broke bones, limbs, deep cuts, and more.

Motorists vs. Bicyclists

Bicycle accidents can arise between motorists and bicyclists. Initially, motorists can negligently enter into marked bicycle lanes and collide with bicyclists, resulting in an injury. Additionally, a motorist may cause a bicycle accident resulting from driving while intoxicated. Moreover, motorists may fail to adhere to the rules of the road, such as failing to stop at stop signs or red lights, failing to yield where required by law or entering crosswalks when bicyclists have the right of way.

Pedestrians vs. Bicyclists

Pedestrians may also cause bicycle accidents. Pedestrians may enter into marked bicycle paths and run into traveling bicyclists. Additionally, pedestrians may fail to yield to the rights of bicyclists and cause the bicyclist to suddenly redirect the bicycle, resulting in an injury to the bicyclist.

Liability for Bicycle Accidents

In instances where a public bicycle path is maintained by a city, the municipality owes a duty of ordinary care to the users of the bike path. Additionally, if a motorist strikes a bicyclist due to negligence, such as driving while intoxicated or driving while texting which results in a failure to operate the vehicle with ordinary care, the motorist may face liability for the bike accident injury incurred by the cyclist. Furthermore, if an individual rents a bike and sustains an injury from a breakdown, the lessor of the bike may be subject to any bike accident injury sustained by the lessee. Moreover, if a bicycle’s brakes or other mechanical parts fail to operate properly, there may be a law suit against the bicycle manufacturer based upon a design or product defect.

Injury Compensation in a Lawsuit

The level of compensable damages one may recover due to a bicycle accident is based upon the seriousness of the injuries one has sustained. For instance, if an individual becomes paralyzed due to a bicycle accident with a motor vehicle, this serious injury can lead to a significant amount of damages paid to the individual, either by a legal settlement or by a jury verdict.

Frequently, following a bicycle accident, one is confronted with a number of issues, including medical bills, loss of income and insurance claim matters. An experienced attorney will be familiar not only with dealing with insurance companies, but also be able to understand the intricacies of the particular state’s bicycle laws, handling the settlement of bicycle injury cases and representing bicycle accident victims in court.

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