Driver negligence resulting in catastrophic injuries, pain and suffering, or wrongful death could entitle injured cyclists to compensation for damages when a bicycle is struck by a car.
Berry Law aims to empower bicycle accident survivors with the knowledge to confidently pursue a personal injury claim or lawsuit in these situations.
With our successful track record, the sooner injured parties realize their rights, the sooner they can recover the compensation needed to move forward. As a dedicated Nebraska personal injury lawyer, we are committed to helping you navigate the legal process and secure the compensation you deserve.
What Causes A Bicycle To Hit A Car?
Negligent Road Users
Negligent road users often cause these incidents, usually due to:
- Distracted driving
- Speeding
- Failure to yield or stop at intersections
- Tailgating
- Driving under the influence of drugs or alcohol
Never underestimate the situation when a bike hits a car. The driver’s negligence could put them in a position to pay for damages.
Dooring incidents
Dooring refers to when a driver opens their car door into the path of an oncoming cyclist, causing them to collide. This type of accident is widespread in:
- Urban areas with heavy traffic
- Areas with limited bike lanes or narrow roads
- Public parking lots or structures
- Pickup and drop-off areas such as schools, businesses, and hotels
- Areas with high amounts of parallel parking
It is not uncommon for cyclists to feel embarrassed and possibly even at fault in a dooring incident.
However, it is vital to remember that the driver is also legally responsible for checking for oncoming traffic before opening their door.
Defective Bicycle Equipment
A faulty bicycle component can cause a crash and make the manufacturer, retailer, or repair shop accountable. Common examples include:
- malfunctioning brakes
- poorly designed handlebars
- defective tires
- improperly installed reflectors
Defective equipment isn’t limited to cyclists. Faulty equipment or steering on a car can put it directly in the path of oncoming cyclists.
Fault can lie with the manufacturer or seller if they knew or should have known about the defect and failed to warn consumers or recall the product.
Negligence and Fault | Who Pays for A Bicycle Accident?
What is negligence in a bike accident?
Negligence refers to a failure to take reasonable care or precaution, resulting in harm or injury to another person. When a bicycle hits a car, negligence could include:
- Knowingly breaking traffic laws
- Not paying attention to surroundings
- Failing to maintain a safe distance from the bicycle
- Driving under the influence of drugs or alcohol.
- Failing to properly maintain a vehicle, leading to equipment malfunctions
- Selling faulty equipment that is or should have been known to cause harm or injury
Road users are expected to adapt their driving behavior and take precautions in response to changing conditions. When they fail to do so and cause an accident, the fault could be theirs.
What Are My Rights To Compensation When A Bicycle Hits A Car?
Financial compensation is possible for cyclists who hit a car if the actions of a distracted, reckless, or impaired driver result in injuries or damages.
Though general personal injury law varies from state to state, Nebraska offers compensation for damages such as:
- Medical expenses
- Lost wages and earning potential
- Pain and suffering
- Property damage, including the cost of a bicycle repair or replacement.
These damages are available when a bicycle hits a car and the following criteria are met:
- The personal injury claim or lawsuit is filed within the statute of limitations.
- The injured party can provide evidence of negligence on the driver’s part.
- The damages sustained are a direct result of the accident.
- In cases where comparative negligence is applicable, the injured party is found to be less than 50 percent at fault.
With the statute of limitations only a few years (and sometimes less) in most states, starting the process as soon as possible with a bicycle accident lawyer is vital.
What Injuries Happen When A Bicycle Hits A Car?
Unlike cars, bicycles offer very little protection for riders, leaving them vulnerable to the impact of a vehicle weighing thousands of pounds.
Common injuries that occur when a bicycle hits a car include:
- Broken bones and fractures. The force of impact of a car into a bicycle is 40 times greater than that of a bicycle into a car, making multiple fractures and breaks common in these accidents.
- Road rash, lacerations, and bruises. Being thrown from a bicycle onto the pavement or colliding with a vehicle can result in severe scrapes, cuts, and contusions. The severity of these injuries can leave cyclists permanently scarred or disfigured.
- Head and brain injuries. Even with the use of a helmet, cyclists are at high risk for head and brain injuries in accidents involving cars due to the force of impact and the potential for whiplash. No matter the category of the head injury, the impact may have lasting effects on the survivor for years to come.
- Spinal cord injuries. The spine is a delicate and essential part of our body’s structure. When a vehicle collides with a bicycle, the abrupt force can cause severe trauma to the spinal cord, leaving cyclists paralyzed or struggling with chronic pain and limited mobility.
These injuries may require extensive medical treatment, leaving survivors struggling to pay bills, perform basic tasks, or maintain healthy relationships.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
How Much Is My Bicycle Accident Personal Injury Claim Worth?
Based on case results from award-winning personal injury lawyers in Nebraska and Iowa, accident survivors could see compensation covering the cost of:
- Current and future medical expenses. Accident injuries can be costly. A personal injury claim could cover all current and ongoing medical expenses.
- Lost wages and lost earning potential. Survivors can secure the monetary equivalent of lost wages or diminished earning potential to secure a better financial future despite their accident-related employment limitations.
- Pain and suffering. These non-economic damages generally have no cap in Nebraska and Iowa.
An experienced lawyer can help navigate the complex legal process and ensure survivors receive maximum compensation for their bicycle accident.
Will My Insurance Company Cover My Bicycle Accident?
A cyclist’s insurance company may cover some of the costs. However, even with insurance coverage, the cost of medical expenses and property damage often exceeds policy limits.
Furthermore, the claims process is complicated and, if done incorrectly, could significantly reduce compensation totals.
These unfortunate facts highlight the importance of seeking legal counsel and representation to ensure survivors receive the full compensation they are entitled to.
Whether it’s filing a claim, negotiating with insurance companies, or litigating a case in court, personal injury attorneys have the knowledge and experience to ensure survivors receive the justice and compensation they deserve.
What if the driver who hit me was uninsured?
If the driver does not have insurance, other compensation methods could include suing the driver directly or seeking coverage from the insurance company covering the bicyclist. An experienced personal injury lawyer can advise the best legal options.
What should I do if I am in a bicycle accident?
After a bicycle hits a car, the two main priorities are to seek medical attention and contact a personal injury law firm. These two actions will ensure that medical experts and legal professionals properly document and account for all injuries.
When A Bicycle Hits A Car, Contact Berry Law Personal Injury Attorneys To Establish Fault and Receive Maximum Compensation
There is no escaping the reality of an accident, especially when a bike hits a car.
However, this doesn’t mean cyclists have no recourse when seeking compensation for damages.
With experienced legal counsel helping to prove negligence, accident survivors can secure the compensation needed to recover and move forward.
Schedule a no-obligation consultation with Berry Law bicycle accident lawyers to understand how to secure compensation when a bike hits a car.
