Can You Sue Someone for Hitting You on a Bike?
Updated: Feb 24, 2022
Cycling is becoming increasingly popular as a mode of transportation in cities around the country. To safeguard cyclists and lessen the risk of being struck by a vehicle or you accidentally hit a cyclist, several large cities have established designated bike lanes on key roadways. Bicycle-vehicle collisions, on the other hand, are still rather prevalent.
If you were hurt while riding your bike and were hit by a car, you might be wondering what legal options you have. If the driver of the vehicle that struck you was at fault, you may be able to file a lawsuit. You might be entitled to financial compensation, just like in other car accidents.
When Is It the Drivers' Fault If Cyclists Are Hit?
It's the same thing proving fault in an accident involving a motorcycle and a bicycle as it is in an accident involving two motorcycles – it's all about proving negligence. While many bicycle accidents are caused by cyclist error, some are caused solely by careless driving.
Drivers owe cyclists a duty of care, which means they must drive safely and avoid unsafe driving practices that threaten anybody else on the road, including cyclists. If the biker is struck solely because of the motorist's negligence, the driver may be held accountable for damages.
The following are some examples of common types of negligence seen in bicycle-vehicle collisions:
Getting into a bike lane and colliding with a biker
Turning without checking for cyclists in the rearview mirror
When a driver opens their door without looking. This may impact a bicycle pedaling by their vehicle known as "dooring"
Running a red light or stopping at a stop sign and colliding with a cyclist
Following too closely behind a cyclist, leading the cyclist to lose control
When Is It the Cyclist's Fault?
In some bicycle-vehicle collisions, the motorist was following the rules of the road while the cyclist was to blame. This can apply to accidents in which the cyclist is the only one involved. It may also apply to accidents in which careless riders force automobiles to collide.
The following are some examples of when a cyclist may be at fault:
When you run a red light or a stop sign, you risk colliding with another car or causing the vehicle to swerve and crash.
Instead of riding behind a car, try to pass it when the opening is too narrow.
Swinging into the main traffic lanes from a bike lane.
When careless cycling causes a vehicle to crash, the rider may be held accountable for the damages. It is important to establish who the negligent party is.
What Is the Process for Filing a Bicycle Accident Lawsuit?
It's critical to acquire as much documentation as possible if you've recently been in a bicycle accident. Keep copies of police reports and medical records because they may be relevant in court. If you haven't already sought medical help, it is recommended that you do so as soon as possible.
You need to establish three things to build a good case for a lawsuit:
The driver who caused the accident was careless
This accident was caused by this carelessness
A result of this carelessness is your injury or damaged property
It's important to have the proper documents to back up your claim but it's also frequently required to get legal advice from an experienced bicycle accident attorney. Bicycle accident lawyers with a track record of success in comparable situations can assist you in proving your case in court and obtaining the financial compensation to which you are entitled.
Contact Powell Law Firm
You may have a valid claim if you were injured in a bicycle accident. You must seek the opinion of an attorney, preferably one who specializes in bicycle accident lawsuits. If you have been offered a settlement or any other type of "gift," talk to a lawyer. Consult with someone who has experience with these types of matters to see if you are getting a fair bargain in compensation. It is important to have strong support behind you in these cases for assistance with bicycle accident claims contact Powell Law Firm.