Bicycle Accidents: How Fault Is Determined and Damages Recovered

Fault in a bicycle vs. .ar accident is determined by the traffic laws that governed both parties at the moment of the crash. The bike accident claim begins with the police report and accident scene evidence gathered from the bicycle accident immediately.

Bicycle accident counsel investigates the bicycle accident to establish the applicable traffic law violations, preserves physical evidence and witness testimony before it is lost, and advises on the comparative fault analysis that determines the cyclist's net recovery under the applicable state law.

Most states apply comparative negligence in bicycle accident cases, reducing the cyclist's recovery by their percentage of fault. Virginia, Maryland, and Alabama apply the contributory negligence rule for bicycle accidents. Helmet law violations in mandatory-helmet states also reduce the cyclist's recovery for bicycle accident head injuries.

Car accident fault counsel retains accident reconstruction experts to establish the fault analysis in disputed bicycle accident cases, advises on the comparative negligence or contributory negligence rule applicable in the jurisdiction, and advises on the helmet law defense and its potential effect on the cyclist's recovery.

Drivers must maintain a safe passing distance of at least three feet when overtaking a cyclist. Failure to yield at intersections is the leading cause of fatal bicycle accidents. Dooring, distracted driving, and unsafe left-turn accidents are the most common bike accident liability violations in urban cycling crashes.

Dram shop liability counsel pursues dram shop liability claims against alcohol providers who served the driver who struck the cyclist, advises on the evidence required to establish the driver's visible intoxication at the time of service, and advises on the punitive damages exposure created by drunk driving bicycle accident cases.

Road defects and potholes from bicycle accidents caused by dangerous government-maintained roads create liability against the responsible public entity. Government liability claims for bicycle accidents require strict compliance with administrative notice deadlines that vary by jurisdiction.

Slip and fall counsel pursues government liability claims for bicycle accidents caused by road defects, potholes, and dangerous road conditions, advises on the notice requirements that must be satisfied before a bicycle accident claim against a government entity can proceed, and advises on the premises liability claims available against private property owners whose hazardous conditions caused bicycle crashes.

Traumatic brain injury from a bicycle accident is the leading cause of permanent disability and death among cyclists. Road rash, disfigurement, and spinal cord injuries from bicycle accidents produce permanent consequences. A life care plan in the bicycle accident case establishes future medical costs.

TBI counsel retains neurological and life care planning experts to document traumatic brain injury and future medical costs in bicycle accident cases, and advises on the spinal cord injury damages recoverable in serious bicycle accident claims.

A cyclist struck by an uninsured or hit-and-run driver can access UM and underinsured motorist coverage under their own auto policy. MedPay and PIP coverage in a bicycle accident provide first-party medical expense reimbursement regardless of fault.

Uninsured motorist claims counsel pursues uninsured motorist and underinsured motorist claims on behalf of cyclists injured by uninsured, underinsured, and hit-and-run drivers, advises on the UM and UIM coverage available under the cyclist's own automobile insurance policy, and advises on the MedPay and PIP coverage available to cyclists in bicycle accident cases.

Wrongful death from a bicycle accident compensates surviving family members for loss of financial support and companionship. A survival action from the bicycle accident preserves the deceased cyclist's claims for pre-death pain and lost future earnings.

Wrongful death accident counsel pursues wrongful death and survival action claims on behalf of families who lost a cyclist in a fatal bicycle accident, advises on the damages available in wrongful death claims and survival actions, and advises on the statute of limitations and procedural requirements for wrongful death claims in the applicable state.

Bike accident litigation requires expert testimony to establish every element of the claim. Accident reconstruction in a bicycle accident case establishes driver fault, vehicle speed, and impact mechanics for maximum bicycle injury compensation.

Disfigurement counsel develops the full evidentiary record for bicycle accident litigation, retains accident reconstruction, medical, and vocational rehabilitation experts to establish the complete damages claim, and negotiates from the adjuster's initial undervaluation to the maximum recovery the evidence supports.