Bicycle accident are common in the U.S. They can result in severe injuries and, sometimes, even death. The National Center for Health Statistics mortality data declared that 1,230 bicyclists lost their lives in bicycle accidents in 2021.
If you are hurt in a bicycle accident, you may be wondering about the steps you need to take. The best thing you can do after an accident is to contact a bicycle accident lawyer who can help you in a legal proceeding.
In this blog post, we are going to discuss how your negligence will impact your claim and recovery.
Understanding Negligence in Bicycle Accident Cases
Negligence is the legal term used for the failure to act with reasonable care in any circumstance. Being a bicyclist, you may violate the traffic law, and if that traffic violation causes a collision, you will also be held liable for injuries and other damages. Here are some of the negligent behaviors of cyclists that lead to an accident:
- Not riding in the bike lane
- Riding at the stop signs
- Abrupt turns without giving a signal
- Failing to yield
- Riding against the traffic direction
- Riding on the wrong side of the street
How Does Liability Impact Your Bicycle Accident Claim?
Each state has specific rules regarding fault and compensation. The impact of partial liability is based on the state laws where the accident takes place or where you reside.
Contributory Negligence
Some states follow the contributory negligence rule. According to this rule, you cannot recover compensation from the other party or their insurance company, even if you are 1% responsible for the accident.
This contributory negligence is strictly followed in some states, such as Washington, D.C., Virginia, North Carolina, Maryland, and Alabama.
Pure Comparative Negligence
Most of the states practice pure comparative negligence. You can file a claim regardless of your percentage of fault to recover damages caused by another party.
For example, let’s say you were riding a bicycle and turned without giving any signal. A car that ran a red light hit you. Now, you are partially responsible for the accident. You were 20% responsible for the accident. According to the pure comparative negligence rule, 20% will be deducted from your total compensation.
Modified Comparative Negligence
Under this modified comparative negligence law, if you are found to be 50% or more at fault, then you cannot recover compensation from another party.
For example, if you are considered 20% liable for your injuries or accident, then the defendant’s insurance company will provide you with 80% of your total damages. But if you are 51% responsible for an accident, you cannot file a claim.
As a Bicyclist, Learn How to Protect Your Rights
If you were hurt in an accident caused by another vehicle, then it is important to take the below steps to secure your rights and improve your chance of getting compensation:
First of all, it is important to get medical attention immediately. And then document your injuries and treatment.
You should report the accident to the police and get the police report. Then, collect evidence from the accident spot, such as videos, photos, and contact details of the other parties and witnesses.
The most crucial thing you should do is hire an experienced attorney. An experienced bicycle accident lawyer will help you get reasonable compensation and justice.
Here are some of the rights you have as a cyclist:
Right to Use the Road: In almost all areas it is bicycles that are treated as vehicles and cyclists have the same right to use the road together with the motor vehicles. Nonetheless, the detailed laws may tell on the rights of cyclists to ride where, such as bike lanes, shoulders or general traffic lanes.
Right-of-Way: Cyclists have the same priority as other vehicles in defining situations. For instance, on the intersection proceeding straight without traffic signal or with a green light or stop sign.
Turning: Cyclists, like motorists, are required to comply with the rules in turning. Equally important is using hand signals to notify others that you are about to turn or change lanes.
Passing: They, just like car drivers, can overtake slower moving vehicles but have to do it safely and use their horns to let the other parties know their intention.
Obeying Traffic Laws: Cyclists usually can be treated as motorists in the traffic laws. This involves all of the traffic rules such as coming to a stop at the stop signs and red lights, yielding to pedestrians as well as following speed limits.
Safe Passing Distance: Some jurisdictions enforce a minimum passing distance for motor vehicles so that cyclists safety is guaranteed when vehicles overtake.
Protection from Harassment: Cyclists must enjoy due protection against corruption or abuse at the hands of motorists. I mean being kicked out of a lane of road, playing the horns without a reason or insulting the others.
Access to Bicycle Infrastructure: Cyclists can have the right to expect and use facilities designated for bicycles, such as bike lanes, bike paths, or intersections for bikes.
Parking: As cyclists occupy defined places, they may use a bike rack, a bike locker, or any other defined parking space.
Legal Protections: If involved in a traffic accident, cyclists have legal protection, for instance the right to get damages to compensate for injuries that result from the fault of another party.
Understand that regulations differ depending on the town you are cycling, so learn about local ordinances and laws for cyclists in your area.
Other than that, applying safe and responsible cycling practices is also an important factor that can enhance your safety and the safety of others around you.
How To Protect Yourself In A Bicycle Lawsuit
Here are some steps you can take to protect yourself in a bicycle lawsuit:Here are some steps you can take to protect yourself in a bicycle lawsuit:
Seek Legal Representation: Talk to an experienced attorney, who practices as a personal injury or bicycle lawyer. They can give you individual advice which tailors to your specific case and assist you in learning your rights and responsibilities, and they will represent you during the whole legal process.
Document the Incident: Gather and secure the proof relevant to the incident such as photos of your bicycle or any damage, footage of the accident scene, evidence of your injuries, the names of the witnesses, and any document related to the accident. Through explicit and systematic documentation, it becomes easier to prove your points.
Understand Liability: Get yourself acquainted with the laws on liability in biking accidents as per the jurisdiction you are in. Review the situation to decide if you or the other party are at fault for compensating the injured person for loss due to factors like negligence, violation of traffic law or failure to maintain a safe environment.
Communicate Wisely: Be careful about saying or writing anything relating to the incident to the other party’s insurance company or other party. Never admit it was your fault and never say anything that may be misunderstood even if it is used against you by the court. Let your attorney represent you in the communication as your advocate.
Cooperate with Investigations: Some people can use the investigation conducted by law enforcement or insurance companies to their advantage. Keep in mind this kind of situation and use all your rights while cooperating with any third parties. Ensure that you provide truthful and accurate information. Avoid being speculative and making guesswork.
Consider Settlement Options: If you propose the facts in the case allow, you have chances to settle through negotiations or mediations through the out-of-court option. Make sure that everything is clear to you before agreeing to the settlement, and go over the terms with your attorney to make sure that they are protecting your interests.
Final Thoughts
Being partially liable for a bicycle accident does not necessarily mean that you cannot recover any compensation for your injuries and damages. But you will face issues in dealing with the other party or insurance company.
So, it is necessary to get legal assistance from a bicycle accident attorney who can help you understand your rights and legal options. Moreover, they will fight for you to get reasonable compensation.
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