Bike Fall? Get Legal Help Now!

Summary

If you have been involved in a bike fall or accident, it is important to seek legal help as soon as possible. A personal injury lawyer can assist you with the legal process and protect your rights.

Each year, thousands of cyclists across the United States experience bike crashes resulting in minor and serious injuries—from scrapes and abrasions to broken bones and head concussions. About 2 percent of motor vehicle crashes in the United States involve bicyclists yearly.

According to the National Center for Health Statistics, there were 1,230 bicyclist deaths in 2021. Of this total, 853 fatalities were recorded involving motor-vehicle crashes and 377 from other incidents.

And while the number of fatalities involving children bikers has declined through the years, deaths among those aged 20 and up have increased four-fold since 1975.

Seeking legal advice amidst the pain and shock of bicycle accidents is crucial. An expert in personal injury law can guide you through complex insurance claims, help you understand your rights, and ensure you receive fair compensation for your injuries.

Let’s dive deep into the importance of getting legal help promptly after a biking accident.

Understanding Your Rights After a Bike Fall

Cycling is not just a means of transport but a lifestyle for many Americans. The freedom and excitement of a bike ride can be abruptly halted with riders falling off bikes.

It doesn’t matter whether you sustain road rash and sprain or get hairline fractures. You have your rights after a bike fall, especially when the following are involved:

• Negligence by motorists: Most bike crashes happen because of reckless driving, failure to signal, or not giving cyclists appropriate space on the road. Legally, cyclists have the same rights and responsibilities as motorists. If a driver of a car, bus, or truck is found to be at fault in a motor vehicle accident, they could be held liable for the cyclist’s injuries.
• Poor road conditions: Potholes, debris, or poorly maintained roads can lead to bike falls. In such cases, the city or state government responsible for road maintenance may be held accountable.
• Equipment failure: Bike falls can be caused by brake malfunctions or tire blowouts. If the accident is due to a defect in the bicycle, the manufacturer could be held legally responsible.
• Dooring accidents: A collision can happen when the door of a parked car is abruptly opened in a cyclist’s path. In this case, the person opening the door may be liable.

The tricky thing is that understanding the legal implications after a bike fall can be complex. Many factors are at play, making determining fault and assessing damages difficult.

When to Consult a Lawyer

Seeking legal guidance is not just about compensation and insurance claims. It’s about ensuring justice, holding responsible parties accountable, and making our roads safer.

While a lawyer is not necessary in every bike crash, there are certain circumstances where they are crucial. This is particularly true in situations involving potential significant loss, such as life-threatening injuries and wrongful death. The stakes are high, and the legal landscape can be difficult to navigate alone.

A personal injury lawyer can provide invaluable support during this challenging time. They can help assess damages, determine fault, and ensure you receive fair compensation.

During an initial consultation, a lawyer will typically ask about the issues in your case and discuss the merits of your actions. Most importantly, they will give advice on the best way forward legally.

Choosing the Right Lawyer for Your Bike Accident Case

Choosing the right lawyer can make all the difference in your case. Here are some key qualities to look for in a bike accident lawyer:

• Experience: An attorney with experience in handling bike accident cases will be familiar with the nuances and complexities of such cases. They’ll understand the specifics of personal injury law, specifically around bike crashes. They should have years of experience investigating an accident and determining fault. And most importantly, they should have an excellent track record of success.
• Expertise in personal injury law: The attorney should deeply understand personal injury law, including statutes of limitation and case law. They should be able to advocate for your rights to fair compensation.
• Listening skills: A trust-based client-attorney relationship is pivotal in achieving the best result for your case. Your personal injury attorney should be able to take the time to listen to your story and understand your needs. They should respond proactively and show genuine interest in your case.
• Good communication skills: Personal injury law and pursuing insurance claims are both very complex topics. Your lawyer should explain complex legal terms in everyday language and keep you informed about the progress of your case.
• Transparency about fees: Your lawyer should provide clear information about their fee structure and any additional costs. Law firms like Frantz Law Group operate on a contingency basis. We only charge attorney fees when we win your case.
• Reputation: A lawyer’s reputation often speaks volumes about their competence and success rate. Look for a lawyer with positive reviews and testimonials from previous clients.
• Trial experience: While many cases are settled out of court, choosing a lawyer with trial experience will give you an upper hand if your claim goes to court.

The Role of a Lawyer in Your Bike Accident Claim

A bike accident lawyer offers both legal representation and reassurance that you are more likely to receive the compensation you deserve. They bring to the table their expertise and experience in navigating the complex world of personal injury law and insurance claims.

Here’s how a lawyer can be pivotal in your bike accident claim:

• Case evaluation: A lawyer’s first step is to review the specifics of your accident, including any documentation you’ve collected. They’ll assess your claim’s merits and advise on how best to proceed.
• Gathering evidence: Your lawyer will gather all necessary evidence to build a strong case. This includes photographs of injuries, the scene, damage, and witness testimonies. They’ll also collect all your medical and billing records to document your injuries and the cost of treatment.
• Explaining rights: An experienced personal injury lawyer will explain your rights and advise on the legal process. They ensure that you understand potential compensation and what you’re entitled to—all while keeping you abreast of progress in your claims.
• Negotiating with insurance companies: Your lawyer will handle negotiations with the insurance carrier to secure a fair settlement on your behalf. They’ll present the gathered evidence, argue the extent of your injuries and other losses, and counter any attempts by the insurance company to minimize or deny your claim.
• Filing a lawsuit: If a fair settlement cannot be reached, your lawyer may recommend filing a lawsuit. They’ll manage all deadlines, meet technical requirements, and keep your case moving forward.
• Trial: If your case goes to trial, your lawyer will present your case before a judge or jury, striving to maximize your compensation.

Legal Tips for Different Demographics

Legal advice can vary depending on the specific demographic. Here are some legal tips tailored for commuters, sports cyclists, children and their parents:

Commuters

As a bike commuter, you have the same rights as drivers. Familiarize yourself with local traffic laws and crucial intersections, and obey traffic signs and signals at all times. Ride in the same direction as traffic.

Always prioritize safety. Wear a helmet, use lights and reflectors to increase visibility, and maintain your bike in good working condition. Know how to apply first aid in case of an accident.

Not only does this keep you safe, but it can also affect the outcome of a potential personal injury case.

Because most bike accidents involve reckless driving, always be aware of your surroundings. Assume that drivers don’t see you.

If involved in an accident, document everything. This includes taking photos of injuries, damage to your bike, and the accident scene. Also, get contact information from any witnesses.

Consult a bicycle accident lawyer as soon as you can. They can guide you through the claims process and help ensure you receive fair compensation.

Get medical attention immediately, even if you feel fine after an accident. Some injuries may not be immediately apparent. Obtaining medical records as soon as the accident can help you pursue insurance claims.

Sports Cyclists

Sports cycling, whether for recreation or competition, can be an intense activity where accidents might occur. Sports like the BMX (short for bicycle motocross) involve high speed and difficult maneuvers that result in injuries (some life-threatening and permanent damage like paralysis), more often than we’d like.

Assess Injuries. If you’re involved in an accident, take your time getting up and moving around. Assess yourself for physical injuries and broken bones. Observe any damage to your helmet, as this could indicate a concussion.

Get medical attention immediately, even if you feel fine after the accident. Some severe injuries, like a concussion, don’t manifest until days later.

Consult and hire a personal injury attorney as soon as you can. Because sports like BMX are often considered high-risk, pursuing insurance claims can be tricky and challenging at best.

Understand your statute of limitations. Be aware of the time limit you need to file a lawsuit. This varies by state. In California, the statute of limitations for personal injury is two years. If the injury was not discovered immediately, it is one year from the date it was found.

Children

Bike accidents involving children can be particularly distressing. So let’s talk about parental liability.

Young children should always be supervised while riding. This is especially important in areas with heavy traffic. The parent may be liable if the child injures someone else while on their bike.

It’s also vital for parents to ensure that all conditions are safe for the child as much as possible. Regularly inspect your child’s bike for any issues that could lead to an accident.

Ensure the bicycle is the right size for the child. A bike that is too big—say, an adult mountain bike—is more likely to lead to accidents. Provide training wheels if needed.

Ensure your child is always wearing a properly fitted helmet. Helmet laws mandate that children use helmets while riding bicycles to reduce the likelihood of head trauma.

Obey road rules. Teach your child to obey road rules, including riding on the right side of the road or in the bike lane, looking both ways before crossing the street, riding at low speed, obeying the stop sign, and using hand signals.

Avoid distractions. Children should avoid wearing headphones while riding so they are not distracted by music.

If your child suffers injuries while on a bike because of a negligent party, you can pursue legal action and recover damages. If your child was injured or killed, you can bring a lawsuit on their behalf for all the injuries, expenses, and suffering caused.

Prevention and Safety Tips

Preventing bike falls and maintaining safety while cycling is crucial. Here are some best practices and the importance of safety gear and awareness:

• Regular maintenance: Keep your bike in good condition. Regularly check the front wheels, rear wheels, handlebars, and brakes to ensure they’re all working properly.
• Avoid distractions: Don’t use headphones or mobile devices while biking. Always keep your focus on the road.
• Ride predictably and defensively: Avoid sudden turns or stops. Always signal your intentions to other road users. Assume other motorists don’t see you, so take extra precautions when taking turns or stopping.
• Watch out for road hazards: Be aware of potholes, gravel, wet leaves, or other hazards that could cause you to lose control.
• Ride at a safe speed: Ride only what is safe for the conditions. This gives you more time to react to unexpected situations.

• Helmets: Helmets are crucial for preventing severe head injuries. Make sure your helmet fits correctly and meets safety standards.
• Visibility gear: Use lights, blinkers, and reflective clothing to increase visibility, especially when riding in low-light conditions.
• Gloves and pads: Use these to protect your hands and knees in case of a fall.
• Awareness: Knowing your surroundings and potential dangers can help you avoid accidents. This includes watching for cars, pedestrians, and other cyclists.

Frantz Law Group is Your Partner in Recovery

When faced with the aftermath of an accident or injury, it can be overwhelming to navigate the legal maze. All while also focusing on your recovery.

Frantz Law Group understands that the road to recovery can be challenging. That’s why we don’t just focus on the legalities; we emphasize our supportive role during this difficult time.

Our experienced attorneys are here to provide expert legal guidance every step of the way. From understanding your rights to navigating insurance claims and negotiating settlements, we’re committed to making the recovery process smoother and less stressful for you.

Contact us today for a free consultation. We’ll review your case and discuss potential legal strategies tailored to your situation.