The Difference Between a Bicycle Accident Case and Other Injury Cases

If you have been involved in a bicycle accident, it is important to understand that your case may vary significantly from a typical personal injury claim. Whether the accident was due to a collision with a motor vehicle, a defective bicycle component, or an unsafe biking course, these accidents can result in severe injuries and lead to complex legal situations. Legal hurdles in a bicycle accident do not always appear in other injury cases, so it is important that you make informed decisions and that your rights are protected.

More Severe Injuries

Cyclists are more vulnerable on the road than drivers in vehicles. Even with a durable helmet and reflective gear, a bike lacks a protective frame and safety features that typical cars are equipped with. As a result, collisions involving bicycles often lead to serious and long-term injuries for the cyclist. Common injuries include traumatic brain injuries, spinal cord trauma, bone fractures, and internal organ damage. These types of injuries often involve long-term medical care, higher costs, and longer recovery processes than those seen in other injury cases. In some cases, these injuries can leave a cyclist permanently disabled.

Frequently requiring surgery, extended hospital stays, and rehabilitation, the physical and emotional toll on victims involved in a bike accident can be overwhelming. Additionally, the financial burden can add to the overwhelming pressure. This is why it is critical that bike accident victims work with a legal professional who can accurately evaluate damages and seek legal justice that reflects current and future needs.

Legal Complexities

Bicycle cases are typically more legally complex than other injury claims. This is largely due to the unique mix of road-sharing rights, traffic laws, and multiple at-fault parties possibly involved. Cyclists often have the same rights and responsibilities as motorists, but proving those rights were violated may require detailed evidence.

One of the most common challenges is determining liability if multiple parties are at fault. If multiple parties are at fault, such as drivers, municipalities responsible for road maintenance, or bike manufacturers, determining who is at fault can require more advanced evidence gathering. For example, if a cyclist crashes due to a poorly designed bike lane, a government entity may be responsible. Third-party negligence can also be a factor, such as faulty brakes contributing to the crash. In this type of circumstance, there is a need for product liability claims, which require further analysis of product design and possible manufacturing defects.

If the cyclist was struck by a vehicle, the driver may argue that the cyclist was not in a designated lane, ran a stop sign, or was not wearing adequate clothing at night. Contributory negligence varies per state, so it is important to stay informed on specific state laws. Proving whether or not the cyclist was acting responsibly can determine the outcome of the case.

Crucial Evidence

Unlike car accidents, bicycles do not typically come equipped with cameras or other data recording devices. However, this is changing with the popularity of cycling cameras and GPS devices. Garmin cycling computers and cameras can provide valuable data. If you do not have a cycling camera or cycling computer, it is important to act quickly after the crash and obtain witness statements, take photographs of the scene, gather a police report, and any medical documentation.

You Are Not Alone

If you have been hurt in a bicycle accident, do not assume that it will be treated like any other injury case. The legal process is often more complicated, and injuries can be more serious. Furthermore, the insurance hurdles can be harder to overcome. You deserve an advocate who understands your rights and will fight on your behalf.

If you have been involved in a bicycle accident, contact a dedicated attorney at Kaire & Heffernan today for a free consultation. During an initial consultation, our lawyers will help you determine what is best for your unique situation.