Bicycle accidents become increasingly frequent in the urban space of modern society, where active transport increasingly shares the same road as motor transport. Most urgent among the questions for the injured are, perhaps, “Can you sue for a bicycle accident?” In what follows, we will be speaking about on what grounds one should institute an action, the main steps of the legal process, and some tips on how to protect your interests.
Key Factors Affecting the Possibility of Filing a Claim
In deciding a case, the court takes into account a variety of important factors:
- Evidence availability: Crash scene pictures, footage on video, eyewitness testimonies, and medical histories;
- Degree of damage: Both physical and psychological damage, with a lengthy recovery period;
- Obeying traffic rules: In case both parties have broken the rules, compensation can be cut down or withheld entirely;
- Insurance coverage: The presence or absence of insurance on the part of the responsible party also plays a significant role.
How Does the Legal Process Unfold?
If pre-trial settlement negotiations do not lead to an agreement, the case moves to court. The legal process involves several stages:
- Evidence collection: Medical certificates, photos of the accident scene, dashcam recordings, and witness statements;
- Filing a lawsuit: Preparation of a legal document detailing the accident circumstances, evidence of fault, and the requested compensation amount;
- Defendant’s Response: The person being sued can either admit their fault or contest it in court;
- Hearings and evidence: Case analysis, evidence submission, and expert testimony;
- Court decision: Based on the evidence presented, the court determines the degree of fault and compensation.
Preparation and conduct of legal proceedings require immense effort and thorough knowledge of the law. Therefore, most of the victims approach experts. The experienced lawyers of the Bicycle Accident Lawyers Group not only help collect and prepare the necessary documents but also take care of your interests in court. These professionals specialize in cases of bicycle accidents and are aware of the means to secure the maximum compensation for the clients.
Who Is Responsible for a Bicycle Accident?
Depending on the particular situation of the accident, responsibility can fall on various road users or even third parties:
Drivers
The majority of bicycle crashes are brought about by drivers who are breaking traffic regulations, as indicated by the National Highway Traffic Safety Administration (NHTSA). The most frequent offenses that lead to most of these crashes include disregulation of a safe distance and overtaking in no-overtaking areas.
Government Agencies
Accidents are sometimes caused by defects in infrastructure. For example, the absence of or improper placement of road signs, nonfunctional or poor lighting, and poor road surface. Liability in such cases can lie with government agencies or municipal services.
Bicycle or Component Manufacturers
The accident may also be because of defects in the manufacturing of the bicycle. For example, one such incident related to loss of control due to failure of the braking mechanism was reported in 2019. In case it is established that design failure or manufacturing defects caused the accident, then the company is liable.
Other Cyclists or Pedestrians
Sometimes, however, the accident is not the fault of cars or the government but occurs due to the fault of other users of the road. In such a case, nevertheless, the responsibility is typically complex because the court looks at the level of shared carelessness of both parties. Contributory negligence may reduce the compensation value or even form a grounds for denial of the claim.
Possible Types of Compensation
In a successful claim, an injured person can receive several types of damages. The table below summarizes the main categories of compensation:
| Type of damage | What is included |
| Medical expenses | Treatment, rehabilitation, medications |
| Lost earnings | Missed work days, reduced ability to work |
| Property damage | Bicycle repair or replacement, damaged items |
| Pain and suffering | Physical and emotional trauma |
| Punitive damages | Collected in case of gross negligence of the perpetrator |
The amount of compensation depends on the severity of the injuries, the level of fault of the parties, and the quality of the evidence presented.
What to Do When the Guilty Party Flees or Is Uninsured
There are cases when the guilty party flees the scene of the accident or is uninsured. Under such circumstances, the following can be done:
- Contact your own insurance company if you have coverage for road bicycle accidents;
- Claim against local authorities in the event of bad road conditions causing the accident;
- Employee compensation funds are provided in some states for victims of accidents with unknown culpable persons.
For each specific case, the strategy will depend on the evidence available and options in the law.
Conclusion
If you have been a victim of a bicycle accident, waste no time: compile all documents that are needed, collect proof, and get the services of lawyers who will advise you through the complexities of the law and protect your interests in court. Note that your timely action and professional guidance are the keys to success in court proceedings.
