12 Oct Can I Sue a Driver After a Bicycle Accident?
If you’ve been involved in a bicycle accident with a car, you may be wondering if you can sue the driver. The short answer is yes, you can sue a driver after a bicycle accident if they were responsible for causing it. But there’s a lot to understand about your legal rights, the process of filing a lawsuit, and the types of compensation you can claim. This article will explain everything in simple terms, helping you know what to expect if you decide to take legal action.
Understanding Cyclists’ Legal Rights on the Road
Bicycles are a common way to get around, but cyclists are vu lnerable when sharing the road with cars and other vehicles. Many accidents happen because drivers don’t respect cyclists’ rights. However, under the law, cyclists have the same rights as drivers, which means they should be treated as equal road users.
This includes the right to use bike lanes, obey traffic signals, and expect cars to yield when appropriate. Unfortunately, accidents happen when drivers are distracted, speeding, or don’t check for cyclists when turning. If a driver’s mistake causes you to get hurt, you have the right to take legal action against them.
When Can You Sue a Driver for a Bicycle Accident?
To sue a driver, you must prove the accident was their fault. In legal terms, this is called negligence. Drivers are negligent when they fail to act responsibly on the road. Common examples of negligence in bicycle accidents include:
- Distracted driving, such as texting or using a phone
- Speeding or running red lights
- Driving under the influence of drugs or alcohol
- Failing to yield to cyclists when required by law
- Not checking blind spots when turning or changing lanes
To sue a driver, you must show that they had a “duty of care” to drive safely and that they breached this duty. In other words, they acted in a way that a reasonable person wouldn’t have. If their actions caused the accident, they could be held responsible.
For example, if a driver runs a stop sign and hits a cyclist, they would likely be considered negligent because they didn’t follow the traffic rules meant to keep everyone safe.
What Compensation Can You Recover After a Bicycle Accident?
You may be entitled to compensation if you successfully sue a driver after a bicycle accident. This money is meant to help cover the losses and harm you suffered from the accident. Here are the main types of compensation you could claim:
1. Medical Expenses
Bicycle accidents can result in serious injuries, such as broken bones, head injuries, or road rash. You can seek compensation for all your medical bills, including emergency room visits, surgeries, physical therapy, and any future medical care you may need.
2. Lost Wages
If your injuries keep you from working, you can claim compensation for the wages you’ve lost. If your injuries are so severe that you can’t return to your job or your ability to work is reduced, you may also be able to recover compensation for future lost income.
3. Pain and Suffering
In addition to the financial costs, bicycle accidents can cause a lot of physical pain and emotional distress. Compensation for pain and suffering is meant to cover the non-economic impact of the accident, such as chronic pain, mental health issues like anxiety or depression, and the overall effect on your quality of life.
4. Property Damage
If your bicycle, helmet, or other personal property was damaged in the accident, you can also seek compensation for repair or replacement costs.
What to Do After a Bicycle Accident to Protect Your Legal Rights
The steps you take right after an accident can make a big difference if you sue the driver later. Here’s a simple guide on what you should do after a bicycle accident:
1. Seek Medical Attention
Your health is the most important thing, so get checked out by a doctor, even if you think your injuries are minor. Some injuries, like concussions or internal injuries, may not be obvious right away.
2. Gather Evidence
If you can, try to gather as much evidence as possible at the accident scene. Take photos of your injuries, bike, the car, and the area where the accident happened. If there are any witnesses, ask for their contact information so they can help back up your story later.
3. Call the Police
It’s a good idea to call the police so they can make an official report of the accident. A police report is a valuable evidence that can help prove what happened and who was at fault.
4. Avoid Talking to the Driver’s Insurance Company
After the accident, the driver’s insurance company may contact you and ask you to give a statement. It’s best to avoid speaking with them until you’ve talked to a lawyer. Insurance companies may try to offer you a quick settlement that’s less than what you deserve, or they may use your words against you later on.
Injured in a Bicycle Accident? Let Gruenberg Kelly Della Fight for You
After a bicycle accident, you can pursue legal action if a driver’s negligence caused your injuries. While the process may seem overwhelming, having a bicycle accident lawyer by your side can make all the difference. A skilled lawyer will gather the necessary evidence, handle negotiations with insurance companies, and file a lawsuit if needed, ensuring you receive the compensation you deserve. They’ll also ensure your claim is filed within the required time limits.
Are you a cyclist who’s been injured in an accident caused by a negligent driver? Gruenberg Kelly Della can help you fight for the compensation you deserve. Our experienced personal injury attorneys understand cyclists’ unique challenges and will work tirelessly to protect your rights. Contact us today at 631-737-4110 for a free consultation, and let us help you get back on the road to recovery.