If you are in a bicycle accident and injured by a vehicle it is important to know your rights. Many people who have been injured in such accidents may be overwhelmed, grateful to be alive and just trying to deal with their injuries. You have recourse though and should use the resources you have. If you can establish that driver was at fault, you may have a case to bring a lawsuit against him or her.
Even if you were riding on the wrong side of the street, not wearing a helmet or not riding with lights and reflectors, you may still have a case. Even if a court finds you negligent for not wearing a helmet or doing something you weren’t supposed to, it doesn’t eliminate your ability to hold the driver responsible for his or her part. It just will reduce the portion you are entitled to.
In cases where a child is injured or killed in a bicycle accident, it is imperative to note children are not held to the same safety standards as adults. Drivers are responsible to be more cautious in an area where there are children riding bicycles. Even if your child were negligent, you would be able to recover a settlement against anyone responsible, including the driver.
In some cases, someone else besides a driver may be held responsible for your injuries. For example, if you are riding down a street, hit a pot hole and crash, causing serious head injuries, you may have a case. You would have to establish who owned the property, if it was reasonable to expect someone to be riding their bike on it, that they knew of the condition of the road and failed to repair it or warn of the danger.
The same may be the case if you had someone repair or maintain your bicycle brakes and shortly after you had brake failure, causing an accident.
In many bicycle accident cases, a plaintiff is entitled to recover damages for past and future medical expenses, past and future wage loss, past and future pain and suffering and sometime punitive damages. If a cyclist is killed as a result of a crash, the survivors may be entitled to recover full compensation for their economic loss due to the cyclists’ death along with emotional distress damages and possible punitive damages.
If you or a loved one has suffered serious injuries or your loved one was killed in a bicycle accident, it is important to speak with a knowledgeable bicycle accident lawyer who can help you recover losses.
