Bike Accident Injuries: Causes & Legal Options (2025)
Nearly 1,000 bicycle-related fatalities and 130,000 bike accident injuries occur on U.S. roads annually, according to the Centers for Disease Control and Prevention. These roadshare accidents cost $23 billion yearly.
If you or a loved one has been struck as a cyclist by a car, this guide can help you understand the causes, your legal remedies, and available compensation options.
Summary
- Most bike accidents result from collisions with vehicles, road hazards, or unsafe cycling conditions.
- Legal options often involve proving negligence or seeking compensation through insurance claims.
- Time limits, or statutes of limitations, apply to bike accident claims, making timely action crucial.
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Common Bike Accident Injuries
Your injuries could heal quicker if you take the right steps immediately after the accident. Even if you don’t feel pain right away, it’s crucial to see a doctor. Early diagnosis can minimize recovery time and help preserve your legal claim. Common bike accident injuries include:
- Traumatic Brain Injuries (TBI): Varying in severity, these range from concussions to TBIs. In some cases, normal brain function may not fully recover.
- Back Injuries and Fractures: Damage to the neck, back, or spinal cord can lead to herniated discs, sprains, paralysis, or even require surgery or physical therapy. Broken bones and fractures are also frequent.
- Soft Tissue Damage and Road Rash: Cuts, bruises, and abrasions are typical. Road rash and burns usually heal quickly but can be painful.
- Lingering Effects: Emotional trauma may follow physical injuries; seek therapy if needed.
Common Accident Causes
Cyclists face numerous road dangers, with vehicle collisions being the most frequent and severe. The most common causes include:
- Distracted Driving: Texting and other distractions put cyclists at risk.
- Bad Road Conditions: Weather hazards like snow or rain, and poorly maintained roads, compromise safety.
- Left Cross Turns: Over half of cyclist accidents occur when a driver makes a left turn without seeing the cyclist.
- Dooring and Right Hook Hazards: Drivers opening doors without checking or making right turns can strike cyclists.
If a traffic violation is involved, the driver may be automatically liable under negligence per se.
Other driver negligence examples:
- Failing to yield right of way
- Speeding or driving under the influence
- Tailgating or passing too closely
- Improperly parked vehicles
Cyclist Missteps and Equipment Failures
Cyclists must exercise caution. Common cyclist errors and equipment failures include:
- Not yielding right of way or ignoring bike lane rules
- Running stop signs or riding against traffic
- Overtaking aggressively or riding on sidewalks
- Bike malfunctions (e.g., brake failure)
Roadway Hazards
Defects and hazards like potholes, uneven roads, or wet metal surfaces can cause accidents:
- T-junctions, roundabouts, or railroad tracks
- Painted lines becoming slippery when wet
If poor roadway conditions contribute to your accident, you may have a claim for government compensation.
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What To Do After a Bike Accident
After being hit by a car, take these steps:
- Wait for Police Assistance: Call emergency services, file a report, and ensure your version of events is recorded.
- Avoid Negotiating with the Driver: Don’t engage or argue; collect their identifying details.
- Take Photos: Document the scene, hazards, damages, and collect witness contact details.
- Write Down What Happened: A detailed account can help you recall details later.
- Contact Your Insurance Provider: Report the incident and provide your notes to support your claim.
Who Owes You for Your Bike Accident Injuries?
As mentioned, your entire claim turns on proving who was negligent or at fault in the accident.
Establishing Fault
If the driver was negligent, you stand to recover from them or their insurance provider. However, if you feel you might be somewhat to blame, you could still recover if you live in a comparative fault state. Here, if the driver was 80% at fault, you could recover 80% worth of the damages. However, if you lived in a contributory fault state, you can not claim anything if you were partially at fault.
Your Best Evidence
Cycling accidents come down to who was negligent and how severe the damages were. Here are some questions to consider:
- Did the driver’s negligence cause direct injury to you?
- How serious are your injuries?
- Did you cause or contribute to the accident in any way?
These cases can be hard-fought and emotionally draining. Because proving such an accident can often be complex, it might be best to consult an attorney.
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Recoverable Damages
You may be entitled to recover compensation for:
- Medical Expenses
- Lost Wages
- Property Damage
- Pain and Suffering
Pursuing an insurance claim with an adjuster can be frustrating, especially when you’re trying to heal. An expert attorney in bike accidents could help.
Pursuing Secondary Compensation
The following secondary options might better compensate you for your injuries:
- Health, Auto and Home/Renter Policies: Hidden coverage options might exist in your own insurance. Your driver’s insurance policy may include a personal injury protection (PIP), medical payments (MedPay) plan or uninsured/underinsured motorist (UM/UIM) coverage that could help with injury costs.
- Manufacturer Liability: If your accident was caused by faulty bike manufacturing like defective brakes, you could recover from the bike maker.
- Employer Liability: If the driver was on the job during the accident, the employer might be vicariously liable. You might be paid more because of their deeper pockets.
- Government Liability: If a faulty traffic light or other roadway defect caused the accident, then you could be compensated by your local, city or state government.
- Driver’s At-Fault Personal Liability: Depending on the degree of recklessness and harm, you might also be able to negotiate a personal settlement or directly sue the driver.
The Importance of Legal Representation
Handling a bike accident claim alone can be overwhelming, especially when dealing with severe injuries or uncooperative insurance companies. A bike accident lawyer can help:
- Evaluate Your Claim: A lawyer can assess the strength of your case and estimate potential compensation.
- Negotiate Settlements: Experienced attorneys know how to negotiate with insurance companies to secure fair settlements.
- Litigate if Necessary: If negotiations fail, your lawyer can file a lawsuit and represent you in court to seek the compensation you deserve.
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The Clock is Ticking
Although you need to recover from your injuries, time is of the essence. The statute of limitations requires that you file your claim before it expires. Typically, you can file a lawsuit within one to three years after the accident. It could be longer, so check with your local courts.
If you or a loved one has experienced a bike accident, don’t handle the claim on your own. A personal injury lawyer is ready to help you get back on the road to recovery.
Bike Accident Knowledge Base
Read the latest information on Bike Accident and find answers to your questions. Currently there are 4 topics about Bike Accident Claims.
Frequently Asked Questions
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Head injuries are the most frequent type of injury in a bike accident. This can range from contusions to traumatic brain injuries (TBI). You reduce the chances and gravity of a head injury by 85% by wearing a helmet.
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After a bike accident, the body often suffers traumas to the head, spine, soft tissue and bones, especially in the arms and legs. That is why it is important to wear a protective helmet and not ride barefoot. Accidents come not only at a physical cost, but the medical and psychological toll is also high.
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For those with sprains, fractures or broken bones, recovery time usually takes two months. For more minor injuries, healing time takes less. Remember not to overexert yourself to try to heal quicker.