According to the 2018 Alabama Traffic Crash Facts report, there were 209 bicycle crash injuries and nine fatalities in the state in 2018. For the people who are hurt and injured in a bicycle crash each year, they may wonder about their legal rights. Most people know that you can sue if you are injured in a car accident, but what about if you get hit by a car while on a bike. The answer is yes, you can sue if you are hit by a car while on a bike. The same legal liability negligence laws apply to accidents involving a bicycle that involve an accident that involves two vehicles.
Generally you can sue if you are injured by a car while operating a bicycle by using the same legal principles that apply in all car accident cases. The driver of the vehicle must be shown that they are guilty of negligence in order for the bicyclist to recover any financial compensation. An individual operating a vehicle has the same duty of care to a person riding a bicycle that they do to others on the road. When drivers breach that duty of care then they may be held liable to the victim for damages.
Bicycle accident injuries can often be very severe to the cyclist. A bicycle rider doesn’t have the protections of a large vehicle so they may suffer severe injuries even if the accident occurs at low speeds. The law allows the victim of a bicycle accident to claim the full compensation that they deserve no matter what it might be. There is no reduction in damages for an individual that is injured due to a result of a car striking their bicycle in comparison to an accident involving two vehicles. If you are injured as a result of being struck by a car while riding a bicycle it is important to speak with a personal injury lawyer as soon as possible. Experienced bicycle accident lawyers know how to build a strong insurance claim. Before filing a claim, you’ll want to do the following if possible:
- Document all treatment that has occurred for your injuries
- Talk to any and all witnesses
- Gather evidence involving your accident
- Compile proof of your damages
- Consult with an experienced personal injury attorney
Some of the losses you can seek compensation for your accident include:
- Mental anguish
- Pain and suffering
- Doctor and hospital bills
- Lost wages and income
- Loss of earning capacity
- Bike repair or replacement costs
Sadly, drivers do not always treat bicyclists as equals on the road. If you are involved in a hit and run accident while on a bicycle and the driver flees the scene this can be extremely dangerous and you should contact a lawyer immediately. A personal injury lawyer can possibly help you identify the driver and assist in getting you the just compensation you deserve. Also, like with any injury insurance claim you have the opportunity to settle before trial and your lawyer can work to negotiate a settlement that will bring you justice for your injuries and loss.