Claim for Bicycle Accidents and Personal Injury
Many times bicycle accidents lead to serious and fatal injuries. During summers more people prefer to travel from their bicycles. This also increases the number of accidents. In a bicycle accident, lawsuits are the same as in the case of a car accident. They are both governed by state law. There is no insurance coverage in case of bicycle riders. However, in the case where the cyclist faces an accident with a car, it falls under the ‘No Fault’ Insurance System. In such a scenario, a car accident lawyer can help you out.
Negligence and Bicycle Accidents
Two questions generally asked when a cyclist claims for damages due to injuries suffered through a car accident. These are:
- Was it the negligence of the driver which led to accident and injuries to the bicyclist?
- Was there any negligence from the cyclist side too?
In case of negligence from the driver:
Negligence by a driver is of various types such as speeding, running on a stop sign, and drifting into a lane of cyclist. All these affect the safety of cyclist and can lead to an accident.
In such accidents, the driver has violated the basic duty of care owed to everyone else on or near the roadways. It includes the cyclist too. If evidence shows that it was the driver’s negligence, then automatically the burden shifts to the driver. He needs to prove that he or she didn’t cause any injury to the victim.
What a cyclist should take care of after the accident?
- Wait for the police to arrive – To file an accident report, you must wait for the police to arrive. Though many times, cyclists realize that they are injured, after hours of the accident. Still, they should wait for the police to come to the scene to get the claims. It acts as a proof for you. Sometimes it happens that minor injury becomes serious, hence, do not leave the accident spot or you may fail in finding the faulty.
- Get your side of the story mentioned in the police report.
- You must gather all the details of the driver which includes his or her address, phone number, driver’s license number, vehicle license number, and insurance information. Also, it is important to have details of the witness who was at the accident scene. In case you are injured, ask someone to help you.
- Seek immediate medical help as they will document everything regarding your injuries which can, later on, help in getting the claim. Even photographs of your injuries can help.
- Also to be noted, bicycle riders have access to their home insurance policy. Using it they can recover the damages. This is because bicycle damage falls under such policies. Also, the same is applied in case the victim is minor.
Accidents involving bicycles can lead to large liabilities along with injuries. It is difficult to determine the actual negligent and thus, detailed analysis is a must. Thus, consult a car accident lawyer to protect your rights.