WHO IS LIABLE FOR A BICYCLE ACCIDENT?

All 50 states consider bicycles to be “vehicles,” meaning cyclists are required to follow the same rules as drivers of automobiles. All drivers (no matter their vehicle) owe a legal duty of care to one another, meaning they must operate their vehicles responsibly and follow traffic laws. A driver becomes liable for the injuries they cause when they violate this duty of care.

In most cases, a driver becomes liable for a bicycle accident if they cause a crash due to recklessness or a failure to follow a traffic rule. Collisions tend to be more common in areas that lack bicycling infrastructure (such as dedicated biking lanes). Some motorists are even openly hostile to cyclists.

Examples of conduct that could trigger liability if it causes a bicycle accident include:

• Excessive speeding
• Changing lanes without signaling or checking blind spots
• Turning without signaling or looking
• Running stop signs or red traffic lights
• Distracted driving (including texting while driving)
• Fatigued driving
• Driving while intoxicated
• Driving in a dedicated bike lane
• Opening a parked car door without checking for oncoming traffic

If a bicyclist is riding responsibly but is hit by a vehicle due to any of these reasons, the driver is most likely responsible for the victim’s injuries. There are some situations where liability can become more complicated, however.

Because bicycles are vehicles, cyclists must also follow traffic rules, including state laws that specifically apply to bicycles. When a bicyclist’s ability to recover compensation for injuries could be impacted if they were violating a state law at the time of an accident. For example, many states require bicyclists to wear helmets when riding. They may also limit where bicyclists can ride and require them to use dedicated lanes where available.

Bicyclists should not assume they always have the right-of-way. Riders must stop when directed by signs and traffic lights and signal when turning or changing lanes. A driver may not be liable for a crash if a bicyclist veers directly into the lane ahead of them without signaling, giving the driver little to no time to respond and avoid a collision.

If you are concerned about how traffic rule violations could play into your personal injury lawsuit, turn to our bicycle accident attorneys. We will carefully evaluate all factors surrounding the collision and walk you through your legal options, including how a finding of partial liability could affect your recovery.

WHAT DAMAGES CAN I RECOVER IN A BICYCLE ACCIDENT LAWSUIT?

As a bicycle accident victim, you stand to recover monetary and non-monetary damages from a negligent driver. You must take legal action before your state’s deadline for personal injury cases, as you only get a set amount of time after the date of the accident. Missing your state’s deadline will prevent you from recovering any damages, so get in touch with our team at Potts Law Firm as soon as you can.

Many bicycle accident injuries are catastrophic or even fatal. If a loved one dies as a result of their injuries, you will have additional time from the date of their passing – not the date of the accident – to file a wrongful death lawsuit against the negligent driver.

Our bicycle accident lawyers will ensure you do not miss any crucial deadlines and work to recover compensation for all losses, including:

• Medical expenses
• Lost earning capacity
• Disability
• Pain and suffering
• Loss of consortium
• Lost wages
• Disfigurement
• Property damage
• Loss of enjoyment of life

The defendant will likely make every effort to claim you are partially (or completely) liable for your injuries, especially if you happened to be breaking a traffic rule when the accident occurred. For example, if you were not wearing a helmet in a state that requires them, the defense may argue they are not responsible for a traumatic brain injury you sustained. In these types of instances, the court will assess the liability of both the plaintiff and the defendant and assign a percentage of fault.

Some states use comparative negligence rules, which allow you to recover some compensation even if you were partially to blame. Other states forbid you from recovering anything if you are at all responsible. Our team understands how to effectively approach these scenarios in and out of the courtroom and will make every effort to swiftly secure a favorable resolution.