TORKLAW
Bicycle Accident Lawyer
Bicycling has long been a popular way to get around and to enjoy the outdoors. As urban cities expand, and more people rely on bikes for daily commuting or weekend rides, the risk of bicycle-related accidents have also increased. TORKLAW understands the complexities of bicycle accidents and is dedicated to advocating for victims, protecting their rights, and helping them secure the compensation they deserve.
UNDERSTANDING BICYCLE ACCIDENTS
The rising popularity of bicycles for commuting, recreation, and exercise has unfortunately also brought about an increase in related accidents. The severity of bicycle accidents cannot be overstated, especially when we look at some alarming statistics:
- According to the National Highway Traffic Safety Administration (NHTSA), in recent years, there were over 900 bicycle-related fatalities in the U.S., representing about 2% of all traffic deaths.
- In the same timeframe, the Centers for Disease Control and Prevention (CDC) highlighted that emergency departments treated approximately 130,000 bicycle-related injuries.
- Urban areas, due to higher traffic volume and close interaction between vehicles and bicycles, recorded significantly higher accident rates compared to rural regions.
HOW DO BICYCLE ACCIDENTS OFTEN OCCUR?
While bicycle accidents can occur in many different ways, there are certain types that occur more often than others. Namely, bike accidents frequently occur at stop signs, such as when the cyclist prematurely enters the intersection when a vehicle at another stop has the right of way. Conversely, a bicycle may have the right-of-way may be intersected by a vehicle that did not properly yield to oncoming traffic. Other common bicycle accidents include:
- Left-Turn or Right-Turn Accidents: When a motorist turns left or right in front of a bicyclist who is going straight, the bicyclist could be hit from either side or run into the side of the vehicle. Generally, accidents caused by an improper turn are the fault of the vehicle.
- “Dooring” Accidents: Many cities have parking spaces that run alongside bike lanes. A “dooring” accident happens when a driver or passenger opens a car door without checking for approaching cyclists, causing the cyclist to collide with the door. These crashes can lead to serious injuries and are particularly common in urban areas with heavy bicycle and vehicle traffic and parallel street parking.
- Unsafe Passing: Motorists may attempt to pass cyclists without providing sufficient space to do so, which results in a sideswipe or forces the cyclist off the road.
- Distracted or Impaired Driving: Motorists who are distracted by texting, talking on the phone, or speaking to other passengers may easily cause a preventable accident. Likewise, motorists under the influence of alcohol, drugs, or who are driving while drowsy, often have slower reaction times, increasing the likelihood of a bike crash.
- Speeding: Driving or cycling at excessive speeds reduces a motorist’s ability to timely react to cyclists or otherwise stop in time to prevent an accident.
- Blind Spots: Drivers may fail to notice cyclists because of blind spots caused by the vehicle’s design or other visual obstructions, which can lead to collisions.
- Poorly Maintained Roads: Uneven surfaces, potholes, and debris can pose significant risks for bicyclists. Such hazards can make them swerve into traffic or fall, leading to grievous injuries.
- Defective Bicycle Equipment: Manufacturing defects, from faulty brakes to weak frames, can cause catastrophic accidents.
CYCLIST RESPONSIBILITIES AND LAWS
As a cyclist, you have the right to:
- Share the road with motor vehicles and other users.
- Be treated with respect, care, and consideration by drivers, pedestrians, and other fellow cyclists.
- Travel in designated bicycle lanes where available and expect those lanes to be reasonably clear of hazards.
- Expect motorists to follow traffic laws that protect cyclists, including yielding when required and maintaining safe passing distances.
- Seek legal redress if you are injured due to another’s negligence.
- Be free from harassment, intimidation, or otherwise aggressive behavior while riding lawfully.
However, you also have responsibilities:
- Cyclists are required to obey traffic signs, signals, and other laws.
- Cyclists must ride as close to the right-hand curb as possible, except under certain conditions, such as to make a left-hand turn, preparing for a right-hand turn, or to pass another cyclist or obstruction.
- Cyclists must use designated bike lanes where applicable and when possible, but are not required to use them exclusively.
- In some jurisdictions, motorists driving near or behind cyclists must give cyclists at least three feet of clearance when passing them on the road. This law helps prevent accidents by ensuring that cyclists have sufficient space and reduces the likelihood of sideswipes.
- In some jurisdictions, namely California, anyone under 18 must wear an approved bicycle helmet while riding a bike. This law helps reduce the likelihood of a serious head injury in the event of a bicycle accident.
- In some jurisdictions, cyclists are required to use both a front white light and a rear red light or reflector, and are encouraged to wear reflective gear or equipment when riding at night or in low-visibility conditions to help reduce the risk of being struck by motorists, other cyclists, or pedestrians.
HELPING CLIENTS RECOVER AFTER A BICYCLE ACCIDENT
Here at TORKLAW, we understand that recovering from a bicycle accident can be overwhelming. Our firm is here to help every step of the way, providing guidance and support through the legal process, as well as offering emotional and administrative support to help clients through a difficult time. With a transparent contingency fee structure, you pay no legal fees unless we obtain a recovery on your behalf.
Let TORKLAW handle the legal burden while you focus on recovery. Contact us at 888.845.9696 for a free, comprehensive consultation.
FAQ
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How crucial is it to gather evidence post-accident?
Extremely. Photographs, witness testimonials, and physical evidence can significantly strengthen your case. If possible, document everything.
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The driver who hit me fled the scene. Can I still claim compensation?
Yes. While a hit and run complicates matters, you can potentially claim from your own insurance or a special fund for hit-and-run victims. Legal expertise in such cases is indispensable.
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I wasn’t wearing a helmet. Does that affect my claim?
Helmet laws vary by region. While it’s always safer to wear one, not doing so doesn’t necessarily void your claim. However, it could potentially influence the compensation amount, especially if head injuries are involved.
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The accident aggravated a pre-existing injury. Can I make a claim for that?
Yes. While the defendant might argue the pre-existing condition, a competent lawyer can establish that the accident exacerbated the condition, making you eligible for compensation.
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Can I file a claim if the accident was caused by a road hazard, like a pothole, rather than another vehicle?
Absolutely. If a road hazard such as a pothole, unmarked construction zone, or other obstruction caused your accident, the city or entity responsible for road maintenance could be held liable. It’s important to document the hazard, preferably with photos, and seek legal advice promptly.
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How does TORKLAW handle cases where a cyclist is hit by an uninsured or underinsured motorist?
While challenging, cases involving uninsured or underinsured motorists are not uncommon. Victims can sometimes seek compensation from their own insurance policies under the uninsured/underinsured motorist coverage. Our team at TORKLAW will thoroughly explore all avenues of compensation to ensure that you receive the maximum amount you’re entitled to.
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What if I was involved in an accident while using a rented or shared bicycle from services like Lime or Bird?
Renting or sharing a bicycle does not waive your rights to seek compensation if injured. The process might involve additional parties, such as the rental or sharing service, especially if equipment malfunction played a role in the accident. It’s crucial to report the incident to the service provider and contact a lawyer to navigate the intricacies of such cases.