You can sue for a bicycle accident if another party caused or contributed to your injuries.
If you or a loved one was hurt in a bicycle accident, you may wish to consult a lawyer about claiming damages for medical expenses, pain and suffering, and lost income. A lawyer will explain the legal process to you and guide you through your options for obtaining the compensation that can help you pay your bills.
You Could Recover Damages
Every bicycle accident is unique. Because of this, the amount that you could recover with a lawsuit or insurance claim depends on your accident and the seriousness of the injuries you suffer. However, you may be able to file a claim for the following:
- Medical expenses: Healthcare expenses you could claim include diagnostic tests, hospitalizations, surgery, specialist appointments, outpatient treatment, medications, and physical therapy.
- Lost income: You can file a claim for earnings that are lost during your recovery and lost future earnings if your injuries prevent you from returning to work.
- Physical and mental anguish: After a serious bicycle accident, some victims must undergo multiple surgeries, leading to chronic pain. This can cause severe emotional and mental anguish, such as depression, post-traumatic stress disorder (PTSD), anxiety, and insomnia. If you have suffered physical and mental trauma from your accident, you should be compensated.
- Loss of enjoyment: For some victims, a bicycle accident can dramatically change their lives, and they will never be the same again. If you cannot enjoy your usual hobbies or activities because of your bicycle accident, you may be entitled to awards for reduced quality of life.
- Property damage: If any personal property is damaged, such as your bicycle, belongings you were carrying, or clothes, you are entitled to repair or replacement.
If you are uncertain which damages you could recover, an attorney can give you more information and help you file your claim.
How to Hold Another Party Liable
To sue another party for a bicycle accident, you and your lawyer must prove:
- The other party owed you a duty of care.
- The other party breached this duty by behaving negligently (e.g., a driver was texting while driving and swerved into the bike lane, striking you).
- The driver’s negligence caused your accident and injuries.
- You suffered damages.
Common Types of Bicycle Accidents
Understanding the different types of bicycle accidents can help you understand if you can file a claim or lawsuit for your injury. Here are some of the most common types of bicycle accidents:
- Left cross: This type of accident happens when a motorist attempts to make a left turn without seeing a cyclist in his path.
- Right hook: This type of frequent collision occurs when a motorist passes a cyclist on the left and turns directly into the cyclist’s path.
- Dooring accidents: A cyclist can incur a serious injury when riding past a parked car if the motorist opens the door, knocking the cyclist from their bicycle.
- Getting swiped: This can happen when a motorist leaves a driveway or parking lot and sideswipes a cyclist.
- Being overtaken: This type of bicycle accident can happen when a motorist overtakes a cyclist from behind.
- Collisions at controlled intersections: This can happen when a cyclist and a motorist approach an intersection, and there are no stop signs present. If the bicycle has the right-of-way, but the motorist keeps going, this can cause a collision.
- Distracted driving accidents: Motorists who talk to passengers or use their phone to call or text while driving can fail to see a cyclist, causing a bicycle accident.
- Drunk driving accidents: If a motorist is drunk, they are less likely to notice a cyclist. They may also speed or make improper maneuvers. This can result in a catastrophic bicycle accident or even a fatality.
- Entering a bike lane: A driver can cause an accident if they enter the bike lane to turn right or overtake another vehicle.
You Can Sue After a Bicycle Accident with no Upfront Fees
We work on a contingency basis, so you don’t have to pay a penny unless we recover damages on your behalf. We offer a free consultation with no obligation to use our services.
What to Do If You Have Been Injured in a Bicycle Accident
Not all cycling accidents involve motorists. Bicycle accidents can also be caused by manufacturing defects in the bicycle or dangerous roadways or cycle paths.
If you have been injured in a bicycle accident and feel that a motorist or another party is at fault, contact the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free consultation. Let us help you make sure the responsible party is held accountable and recover the compensation you deserve.
We Can Help.