Cycling is a popular and sustainable mode of transportation, but it doesn’t come without risks. Sharing the road with motor vehicles can sometimes lead to serious accidents, leaving cyclists injured and uncertain about their legal rights. If you are a cyclist who has been hit by a vehicle, understanding your rights and the steps you need to take can make a significant difference in your recovery—both physically and legally.
Common Causes of Bicycle Accidents with Vehicles
Bicycle accidents involving vehicles can happen for various reasons, often due to negligence or failure to follow traffic rules. Common causes include:
- Distracted Driving: Drivers texting, using GPS, or otherwise distracted may fail to notice cyclists.
- Right and Left Turns: Drivers turning right might not check blind spots for cyclists, while left-turn accidents occur when drivers fail to yield to oncoming cyclists.
- Dooring: A parked car door suddenly opened in a cyclist’s path can cause a crash.
- Speeding or Driving Under the Influence impairs a driver’s ability to react in time to avoid hitting a cyclist.
- Failure to Yield at intersections or crosswalks is a frequent hotspot for bicycle accidents.
Recognizing these hazards can help cyclists stay attentive. However, even the safest cyclists cannot entirely avoid accidents caused by negligent drivers.
Steps Cyclists Should Take Following an Accident
If you’ve been hit by a vehicle, it's important to take the right steps to protect your health and legal rights.
1. Ensure Safety and Seek Immediate Medical Attention
After the crash, check yourself for injuries. Even if you believe you’re fine, getting a medical evaluation is crucial. Some injuries, like concussions or internal bleeding, might not show immediate symptoms. Your health and safety should always come first.
2. Call the Police
Report the accident to local law enforcement. Having an official police report can serve as critical evidence if you decide to pursue legal action.
3. Document the Scene
Gathering evidence at the scene is essential. Use your phone to take photos or videos of:
- The bicycle and vehicle damage
- Your injuries
- Road conditions, traffic signs, and signals
- The exact location of the accident
Also, the driver’s information must also be collected, including their name, contact details, and insurance. If possible, gather witness statements and their contact information.
4. Don’t Admit Fault
Stay calm and avoid making statements that could be used against you later. Even saying “I’m sorry” can be twisted into an admission of fault.
5. Notify Your Insurance Company
Even though the law often holds the vehicle driver at fault, informing your own insurance company of the accident is a good step, particularly if you rely on uninsured/underinsured motorist coverage.
Legal Recourse for Cyclists
Cyclists have rights; you are entitled to compensation if a driver’s negligence caused the accident. Compensation can cover things such as medical bills, lost wages, property damage, and even emotional distress.
Proving Negligence
You must show that the driver was negligent to win a personal injury claim. Evidence from the accident scene, witness statements, the police report, and medical records can support your case.
Filing a Claim
Most cases begin with a claim against the at-fault driver’s insurance company. However, insurance companies may offer settlements far lower than what you deserve. Hiring a legal professional can help ensure you receive fair compensation.
Statute of Limitations
It’s important to act promptly. Most states have a statute of limitations for filing personal injury claims, ranging from one to three years. Missing this deadline can result in losing your right to seek compensation.
Working with a Bicycle Accident Lawyer
An experienced attorney can help you understand your rights, negotiate with insurance companies, and even represent you in court if needed. They’re familiar with cyclists' unique challenges and know how to advocate for fair compensation.
Laws and Regulations to Protect Cyclists
Cyclists have rights under the law. Some key protections include:
- Right to the Road: Cyclists are entitled to use most roads alongside motor vehicles.
- Safe Passing Laws: Many states require vehicles to maintain a minimum distance (commonly three feet) when passing a cyclist.
- Helmet and Equipment Laws: Following local laws on helmets and reflectors can support your case by showing you were riding responsibly.
- Liability for Car Drivers: Drivers are generally held liable for accidents caused by failure to yield, speeding, or other traffic violations that endanger cyclists.
Understanding these laws and knowing your rights as a cyclist can help you feel more confident navigating legal processes after an accident.
Tips to Protect Your Rights and Safety
While you can’t control the actions of drivers, there are ways to enhance your safety and protect your legal rights:
- Wear Highly Visible Clothing and use flashing lights to increase your visibility.
- Obey Traffic Laws and signal your intentions clearly.
- Avoid Blind Spots near cars and trucks.
- Always Carry Identification and Insurance Information in case of an accident.
- Invest in a Quality Helmet for safety, even if your state doesn’t require it.
Bicycle Accident Lawyer in San Jose
In conclusion, understanding the dynamics of bicycle-vehicle collisions and the factors contributing to these accidents is crucial for improving road safety. By adopting safety measures and advocating for better infrastructure and legal protections, cyclists and drivers can work together to create a safer environment for everyone. At Needham Kepner & Fish LLP, located in San Jose, CA, we are committed to supporting cyclists and ensuring their rights are protected. If you or a loved one has been involved in a bicycle accident, our experienced legal team is here to help. Contact us today at (408) 716-1668 to learn more about how we can assist you in navigating the legal process and securing the compensation you deserve.