Accidents involving bicycles and cars can often be quite serious for the bike rider, who doesn’t have the protection around him or her that a car driver has. In addition, some drivers will act aggressively toward bicyclists and deliberately drive too close to them.
If you’ve been in a bicycle accident, a bicycle accident attorney can advise you on whether you may be able to take legal action against the other person. If they were at fault, you may be able to recover damages for medical bills, lost wages, and pain and suffering.
Bicyclists, like car drivers, are required to obey the state and local laws in their area. They’re entitled to ride wherever they want on the road as long as they’re moving as fast as the flow of traffic. Otherwise, bicyclists are supposed to ride in a bike lane if it’s available or on the far right side of the road if there’s no bike lane. There are a few exceptions to this, such as when the lane is too narrow to share, the bicyclist is turning left, or a hazard exists on the right side of the road.
Common Types of Bicycle Accidents
Even if you’re obeying the law, you could still be injured in a bicycle accident and need the services of a bicycle accident attorney. The following are some of the most common types:
- A car driver or passenger parked along the right side of the road opens his or her door just as you’re riding by, causing you to crash into it.
- You’re brushed by a passing car, causing your bike to crash.
- You’re struck by a car that’s turning right.
- You’re hit by a driver turning right as they turn into your path.
Special Considerations
Comparative negligence
In just a few states, you must be completely blameless in order to recover any damages. Many others, however, will assign a percentage of blame to each party involved in the accident. Some will allow you to recover full damages if you’re less than 50% to blame, and others will assign damages proportionally. If that’s the case, and you’re ruled to be 25% at fault for the accident, the other driver would have to pay for 75% of your damages.
Helmet, light, and reflector laws
Laws requiring the use of helmets as well as lights and reflectors at night not only vary from state to state, they also can vary by community. If you haven’t property equipped your bicycle to be seen and you’re hit at night, you may not have a winnable case. And if you fail to wear a helmet and suffer head and neck injuries, you may not be able to recover damages, or the amount you receive may be reduced.
Contact a 24/7 bicycle accident attorney if you’ve been in a bicycle accident. Each case is unique, and an attorney will understand the laws of your state and community and be able to guide you on the best course of action.