Bicycling is one of the most enjoyable ways to exercise, commute, or get from point A to B. The physical and psychological benefits of cycling are well documented. However, when sharing the roadways with autos and trucks, bicycle riders are at risk of being hit and crashing. Serious injury often results to the bicycle rider in a collision with a motor vehicle. Barden & Barden represents people who were injured, or unfortunately killed, while riding their bicycles. Examples of clients we have worked with include riders who were hit by motor vehicles, victims of dog attacks, and those hit by other people improperly riding a bicycle.
If you or a loved one is involved in a bicycle crash, we recommend the following:
- Obtain medical treatment if needed, call the police, leave bike in place, obtain contact information of all witnesses.
- Get the at-fault person's name, insurance company, license plate number, address, and phone number.
- Make sure the responding police officer hears your version of events and completes a police report.
- Take photographs and/or video of the incident scene, including all bikes and vehicles involved
- Do not minimize your injuries or damage to your bike and gear. Do not talk to or settle with an insurance company before consulting with an attorney who specializes in bicycle law.
If you are injured in a bicycle crash because of the fault of another person, you may be able to obtain reimbursement for your losses. Payments, usually from insurance, can cover your medical expenses, property damage, lost wages, and more. At Barden & Barden, we help put together injury claims that addresses all the damages you or your loved one suffered. Contact us today at 509-315-8089 to schedule a consultation and get started on your claim.
Common Causes of Bicycle Crashes
Bicycle crashes can happen anywhere, at any time, for any number of reasons. There are, however, certain situations that tend to be the most common:
- Getting hit by a motor vehicle, when the motor vehicle violates the rules of the road
- Hitting or swerving to avoid something in the road, such as a dog or other animal, debris, or roadway defects
- Colliding with a pedestrian, another bicycle, a scooter, or other transportation device
Determining the cause of a bicycle crash is a critical part of assessing liability. Whoever is liable for a crash is the party responsible for paying for the damages caused. For example, a car driver owes bicyclists a duty of care on the road, which typically means following the rules of the road. Pedestrians owe a duty of care to be mindful of other people in and around the roads and bike paths. When pedestrians bring their animals on walks, they must control their animals and avoid interfering with the safety of others, like people riding bicycles.
Common Bicycle Crash Injuries
Injuries from bicycle crashes range from abrasions to death. Like any crash, the severity is dependent on the circumstances. Common injuries include:
- Facial or dental injuries
- Road rash
- Dislocated or broken bones or fractures, frequently to the shoulder joint
- Severe knee injuries, including tears of the ACL or MCL, from an impact with the motor vehicle
- Severe hand and wrist injuries from hitting the ground
- Concussions and traumatic brain injuries
- Spinal injuries
- Internal bleeding and organ damage
Something unique to bicyclists are injuries caused by “dooring.” Dooring occurs when someone in a parked car opens the door without looking first. A bicycle rider, either in the traffic lane or bicycle lane, has not time to avoid the quickly opening door and hits it.
Wearing a helmet and other protective gear can help prevent certain injuries, but depending on the nature of the crash they may not prevent serious injuries or death.
Insurance Claims for Bicycle Crash Injuries
A bicycle crash often leaves the cyclist with severe injuries, impaired function, property damage, and psychological harm. For anyone seriously injured in a bicycle crash, it's critical to consult with an experienced bicycle law attorney to know what insurance coverage might apply and how to start the claim process. The insurance coverages could apply following a bicycle crash:
In a crash with a motor vehicle:
- The liable driver's PIP or Med Pay
- Bodily Injury Liability
- Property Damage Liability
- Uninsured/Underinsured Motorist
In a crash with a dog, pedestrian, another bicycle rider, scooter operator:
- Renters
- Homeowners
Insurance companies typically make a settlement offer that they claim will cover the victim's losses. However, insurance adjusters often rush to offer a settlement without a full evaluation of the injuries (and the potential ongoing care that may be required). Without a full and fair understanding of all losses, any settlement offer will be too little.
An alternative to auto insurance settlement is filing a personal injury lawsuit. This process allows you the time needed to fully understand your current and future economic losses. It also allows you to compensate for one big hurdle in bicycle injury cases: the misconception of cyclists.
Cyclists are often believed to be reckless. Insurance companies assume cyclists do not follow the rules of the road like their driver counterparts. They will use these misconceptions to help build their case against you, and sometimes it can work because often it is your word against the other person's word. Bicyclists can, therefore, be intimidated and manipulated into accepting reduced settlement payouts. That's why you need a bicycle injury attorney helping you through the process so that you can focus on recovering while they focus on your claim to obtain full and fair compensation.
The exception to this in Washington is that when the bicycle rider causes a collision with a motor vehicle and is injured, they may still be covered under PIP or Med Pay coverage. This is because PIP and Med Pay coverage is "no-fault" meaning that the coverage pays certain damages regardless of who caused the crash.
Contact a Bicycle Accident Attorney in Washington Today
Bicycle accidents can produce serious injuries. If you suffered losses, it is critical to speak with a bicycle accident lawyer in Washington today. At Barden & Barden, we will explain your rights and what your options are if you decide to move forward with a personal injury claim. Contact us today at 509-315-8089 to get more information and schedule a consultation.
We believe cycling can be both fun and safe for people of all ages, and remind all riders to follow these basic rules:
- Be predictable, act as the driver of a vehicle when on the road and as a pedestrian when on the sidewalk
- Control the lane unless wide enough to share, avoid door zone regardless of bike lane, never ride against traffic
- Use the rightmost lane in your direction of travel, think ahead
- Signal intentions and be confident, assertive, and courteous
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At night minimum white light on front and red reflector on rear
