Negligent drivers cause bike accidents through various unsafe behaviors, such as distracted driving, speeding, and failing to yield the right-of-way. Drivers who are texting or otherwise not paying attention may not see cyclists, leading to collisions. Speeding reduces reaction time and increases the severity of accidents. Additionally, drivers often fail to check for cyclists when turning or opening car doors, causing dangerous “dooring” accidents. These careless actions put cyclists at significant risk of serious injury or death.
If you recently suffered injuries in a bicycle accident that a negligent driver caused, a skilled attorney can be extremely helpful. Your Bloomfield Hills bicycle accident attorney will handle the legal components of your case and work to maximize the compensation you receive for your losses.
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Common Causes of Bike Crashes
Negligent drivers cause bicycle accidents in many ways, often leading to serious injuries or even death for cyclists.
- One of the most common causes is distracted driving. When drivers are texting, talking on the phone, or focusing on something other than the road, they may not see a cyclist until it’s too late. This can result in rear-end collisions or side-swiping accidents, especially when a driver drifts into the bike lane.
- Speeding is another significant cause of bicycle crashes. When a driver is going too fast, they have less time to react if a cyclist suddenly appears, or if road conditions change. High-speed impacts also tend to cause more severe injuries to cyclists, who have little protection compared to drivers in cars.
- Failing to yield the right-of-way at intersections is another common way that drivers cause bicycle accidents. Many drivers fail to look carefully for cyclists when making turns or crossing intersections, leading to accidents when they pull out in front of or into a cyclist’s path. Left-hand turns are particularly dangerous, as drivers may misjudge the speed of an oncoming cyclist or fail to see them altogether.
- Drivers also cause accidents by opening car doors into the path of oncoming cyclists – a situation known as “dooring.” If a cyclist is riding alongside parked cars, and a driver or passenger suddenly opens a door without checking, the cyclist may crash into it, causing them to be thrown off their bike or forced into traffic.
- Impaired driving due to alcohol or drugs also contributes to bicycle accidents. When a driver is under the influence, their reaction time, judgment, and coordination are impaired, increasing the likelihood of making poor decisions that put cyclists at risk.
- Negligence can also occur when drivers fail to follow basic traffic laws, such as stopping at red lights or stop signs. When drivers run through traffic signals, they may hit cyclists who have the right-of-way.
In many cases, these accidents happen because drivers do not respect the space cyclists need or underestimate the danger that careless driving can pose to someone on a bike.
Most Common Injuries that Bicyclists Suffer in Accidents
Bicycle accidents can result in a wide range of injuries, many of which are severe due to the limited protection cyclists have compared to drivers in vehicles. The most common injuries that bicycle accident victims may suffer include head injuries, fractures, soft tissue injuries, and internal injuries.
- Head injuries are among the most serious and common outcomes of bicycle collisions. Even with a helmet, cyclists can sustain traumatic brain injuries (TBIs), concussions, or skull fractures if they are struck by a vehicle or thrown to the ground. TBIs can range from concussions to more severe head injuries that cause long-term cognitive and physical impairments, potentially affecting memory, coordination, and behavior.
- Fractures and broken bones are also common in bicycle crashes. The force of colliding with a vehicle or hitting the pavement can cause fractures in the arms, legs, ribs, or collarbone. Cyclists often extend their arms to brace for a fall, which can result in broken wrists or forearms. In more severe accidents, victims may suffer compound fractures, where the bone pierces through the skin, requiring surgery and extensive rehabilitation.
- Soft tissue injuries, such as cuts, bruises, and road rash, are also frequent in bicycle accidents. Road rash occurs when the cyclist’s skin scrapes along the pavement, causing painful abrasions that can lead to scarring or infection if not treated properly. Muscle sprains and ligament tears are also common and can cause significant pain and require lengthy recovery periods.
- Internal injuries are another serious risk for cyclists involved in crashes. The force of a collision can damage internal organs, leading to conditions such as internal bleeding or punctured lungs. These injuries can be life-threatening if not promptly diagnosed and treated.
- Spinal cord injuries, though less common, are among the most devastating injuries a cyclist can suffer. Damage to the spinal cord can result in partial or complete paralysis, leaving the victim with long-term disabilities that may require lifelong care.
Bicycle accident victims may also suffer from psychological trauma, such as post-traumatic stress disorder (PTSD) – especially in cases where the crash was severe or life-threatening. Psychological recovery can be just as challenging as physical recovery, often requiring counseling or therapy.
Most Important Evidence in a Bike Accident Case
In bicycle accident claims or lawsuits, gathering and presenting strong evidence is critical to proving fault and securing compensation. Several types of evidence can help establish liability and demonstrate the extent of injuries. The most important types of evidence include accident reports, eyewitness statements, photographs and video footage, medical records, and expert testimony.
- First, the official accident report is a vital piece of evidence. When police arrive at the scene of a bicycle accident, they typically document the details of the crash, interview witnesses, and provide their own observations. The accident report can include important information such as the location, time, weather conditions, and the names of involved parties. It may also note whether any traffic laws were violated, such as speeding or failing to yield the right-of-way. This report serves as a valuable foundation for proving fault.
- Eyewitness statements are also essential. People who witnessed the accident can provide unbiased accounts of what they saw, helping to clarify how the crash occurred. Their statements can support the cyclist’s version of events, especially if the driver tries to deny responsibility or claim the cyclist was at fault. Eyewitnesses may also recall important details that the cyclist, due to shock or injury, may not remember.
- Photographs and video footage can be some of the most persuasive forms of evidence. Photos taken at the scene may capture the positions of the bicycle and vehicle, skid marks, damage to the bike, injuries, and any relevant traffic signs or signals. If the accident happened in an area with surveillance cameras or if bystanders recorded video on their phones, that footage can be used to show exactly what happened and help dispute any false claims by the at-fault driver.
- Medical records are another critical piece of evidence in bicycle accident claims. These documents show the extent of the cyclist’s injuries, the treatments they received, and any ongoing medical care they may need. Medical records help prove the severity of the injuries and justify compensation for medical expenses, lost income, and pain and suffering.
- Finally, expert testimony can strengthen a claim. Accident reconstruction experts can analyze the crash scene and provide detailed explanations of how the accident occurred. Medical experts can testify about the effect of the injuries on the victim’s life and their long-term prognosis, providing additional support for compensation claims.
Together, these types of evidence play a vital role in proving liability and securing fair compensation for bicycle accident victims.
Third-party Compensation for Bike Accident Injuries
If you’ve suffered an injury in a bicycle accident, you may be entitled to compensation by way of a third-party claim or lawsuit. These damages fall into three main categories: economic damages, non-economic compensation, and, in some cases, punitive damages. The compensation you recover is supposed to cover your financial losses, pain and suffering, and to punish the responsible party for egregious misconduct.
Economic Damages
Economic damages are meant to reimburse you for the direct financial costs that result from your accident. One of the most significant components of economic damages is medical expenses. This includes the costs of emergency care, hospital stays, surgeries, medications, physical therapy, and any necessary ongoing treatment. In severe cases, economic damages can also cover future medical expenses if your injuries require long-term care.
Another important part of economic damages is lost income. If your injuries force you to miss work, you can recover the income you would have earned during that time. If your injuries are severe enough to affect your ability to work in the future, you may also be entitled to compensation for lost earning potential. Property damage, such as the cost of repairing or replacing your bicycle and any other personal property damaged in the accident, can also be included in your economic damages.
Non-economic Compensation
Non-economic damages compensate you for losses that are harder to quantify, such as pain and suffering. This includes the physical pain you endure from your injuries as well as the emotional and psychological toll the accident has on you. For example, if the accident has caused you to experience anxiety, depression, or post-traumatic stress disorder (PTSD), you can seek compensation for those effects.
You can also receive compensation for loss of life enjoyment if your injuries prevent you from participating in activities you once enjoyed. Additionally, if your injuries have affected your relationship with your spouse, you may be eligible for loss of consortium damages, which cover the negative effect on companionship and intimacy.
Punitive Damages
In rare cases, you may be awarded punitive damages. Unlike economic and non-economic compensation, which aim to make you whole, punitive damages are designed to punish the at-fault party if they acted with extreme recklessness or intentional misconduct. These damages are intended to deter similar behavior in the future.
Together, this compensation can help you recover financially, physically, and emotionally after a bicycle accident.
How Can a Bicycle Accident Lawyer Help?
A skilled bicycle accident attorney can play a vital role in helping you with your claim or lawsuit by guiding you through the legal process, gathering evidence, negotiating with insurance companies, and representing you in court if necessary. Their experience ensures that you receive fair compensation for your injuries and losses.
One of the first ways an attorney can help is by investigating the accident and gathering important evidence. They will collect police reports, interview witnesses, review traffic camera footage, and obtain medical records to build a strong case. This evidence is essential to proving who was at fault in the accident and to support your claim for compensation. Attorneys are experienced in gathering and preserving evidence, which is critical in bicycle accident cases where liability may be disputed.
A skilled attorney also understands how to navigate complex insurance laws and deal with insurance companies. Insurance companies often try to minimize payouts by offering low settlements or denying claims. Your attorney can handle all communication with the insurance companies, ensuring that you do not say or do anything that may hurt your case. They will negotiate on your behalf to ensure that you receive a fair settlement that covers your medical bills, lost income, pain and suffering, and other damages.
Additionally, a bicycle accident attorney can calculate the full value of your claim. They will consider both economic and non-economic damages, such as medical expenses, property damage, emotional distress, and loss of enjoyment of life. An experienced personal injury lawyer knows how to factor in long-term costs, such as ongoing medical treatment or reduced earning capacity, if your injuries are severe.
If negotiations with the insurance company do not result in a fair settlement, your attorney can file a lawsuit and represent you in court. They will present your case to a judge or jury, using the evidence and expert testimony to argue for maximum compensation. The attorney will handle all legal procedures, including filing documents and adhering to deadlines, so you don’t have to worry about the complexities of the legal system.
Contact an Experienced Bike Accident Lawyer Today
If you recently sustained injuries in a bicycle crash that a negligent driver caused, you need legal help right away. A skilled bicycle accident attorney will aggressively fight for your interests by negotiating with insurance company adjusters or litigating your case to a resolution in court. Your personal injury lawyer can handle every aspect of your claim or lawsuit while you focus on recovering from your injuries and getting better.