Bicycle Accidents: Who Is Liable For Your Injuries?
Posted on: 14 October 2022Share
Biking around is an enjoyable activity. What has not changed, though, is the way drivers tend to overlook people on bicycles, much to their dismay. Those on bikes can be more difficult to spot because drivers are mostly unaccustomed to looking out for them. Unfortunately, when a vehicle crashes into a bicyclist, the effects can be devastating. If you have been hit by a vehicle while out for a ride, read below for some guidance.
Why Fault Matters
When you are involved in an accident, almost any type of accident, fault is important. The party found to be at fault is generally responsible for paying for the monetary damages of both parties. With a bike vs. vehicle accident, it's almost always the vehicle driver found to be at fault. There are times when a bicyclist rides out suddenly in front of a vehicle, but that is not common. It's on vehicle drivers to be watchful of pedestrians, children, animals, and bicyclists when driving.
Money Damages to Expect
Bicyclists can be seriously injured in wrecks. Though bike helmets can help reduce head injuries, most bicyclists have very little protection from other injuries. That is why medical expenses should be covered by the driver's insurance when an injury occurs. That is not the only money damages owed, though. Some bicyclists are also entitled to be paid for:
- If the victim missed any work, they are entitled to be paid those lost wages.
- Pain and suffering is sure to be included when the accident injuries are serious.
- Lost personal property covers the wrecked bike and any other personal property lost or damaged like a cell phone, bike helmet, riding gear, etc.
- Future medical care may be needed for victims that have long-term or permanent injuries.
What Bicyclists Should Do
After a wreck, take the following actions:
- If you are able, take photographs of your injuries, the vehicle, and the surrounding accident scene.
- Call law enforcement so that a police or accident report is completed.
- Get the names and contact information of any witnesses to the accident.
- Get medical treatment for your injuries and follow your doctor's orders.
- Keep good records of the accident and your medical treatment. Many personal injury experts advise using a journal to record your thoughts, appointments, treatments, phone calls, etc. related to the accident.
Speak to a personal injury lawyer and find out what you should do next. Your lawyer will negotiate with the driver's insurer and get you the money damages you need.