Distracted Driving and Bicycle Accidents: Who Is Liable?

Imagine cycling down a familiar street, enjoying the fresh air, when suddenly, a car veers into the bike lane, and before you can react, you’re thrown from your bicycle. According to a recent study, fatalities of bicycle riders from distracted driving crashes increased from 18.7 in 2005 to 24.6 in 2010. This scenario, unfortunately, is becoming increasingly common due to the rise of distracted driving. But in the aftermath of such an accident, a crucial question arises: Who is liable? Understanding liability in distracted driving bicycle accidents is essential for cyclists seeking justice and compensation for their injuries and damages.

The Rise of Distracted Driving and its Impact on Cyclists

Distracted driving is any activity that diverts a driver’s attention from the primary task of operating a vehicle safely. The National Highway Traffic Safety Administration identifies three main types of distractions:

Visual: Taking your eyes off the road (e.g., texting, looking at a GPS).
Manual: Taking your hands off the wheel (e.g., eating, adjusting the radio).
Cognitive: Taking your mind off driving (e.g., daydreaming, engaging in a heated conversation).

Texting while driving is particularly dangerous as it combines all three types of distractions. According to the NHTSA, at 55 mph, reading or sending a text takes a driver’s eyes off the road for about five seconds – enough time to cover a football field.

Cyclists are especially vulnerable to distracted drivers due to their lack of physical protection. A momentary lapse in attention from a driver can have devastating consequences for a cyclist.

Determining Liability in Bicycle Accidents Involving Distracted Drivers

In most jurisdictions, drivers have a duty of care to operate their vehicles safely and avoid harming others on the road, including cyclists. When a driver breaches this duty by driving while distracted and causes an accident, they can be held liable for the resulting damages.

To establish liability in a distracted driving bicycle accident case, the following elements typically need to be proven:

Duty of Care: The driver owed a duty of care to the cyclist.
Breach of Duty: The driver breached that duty by engaging in distracted driving.
Causation: The driver’s distracted driving directly caused the accident and the cyclist’s injuries.
Damages: The cyclist suffered damages as a result of the accident, such as medical expenses, lost wages, and pain and suffering.

Who Can Be Held Liable?

The Distracted Driver: The most obvious party liable is the driver who was distracted. This could involve proving they were texting, talking on the phone, or engaging in other distracting activities.
Employers: If the driver was working at the time of the accident, their employer might also be held liable, especially if the distraction was work-related (e.g., a delivery driver using a phone for navigation).
Government Agencies/Construction Companies: Confusing lane markers, misleading road signs, or vehicles straying in the opposite direction can point to shared liability by government agencies or construction companies.

Proving Distracted Driving

Proving that a driver was distracted at the time of an accident can be challenging but is crucial for a successful claim. Evidence that can be used to establish distracted driving includes:

Police Reports: The police report may contain statements from the driver or witnesses indicating that the driver was distracted.
Witness Testimony: Eyewitnesses may have seen the driver using a cell phone or engaging in other distracting activities.
Cell Phone Records: Subpoenaing the driver’s cell phone records can reveal whether they were texting or talking on the phone at the time of the accident.
Surveillance Footage: Traffic cameras or surveillance cameras from nearby businesses may have captured the accident and the driver’s actions leading up to it.
Vehicle Data: Data from the vehicle itself, such as speed, braking, or steering activity.
The Driver’s Admission: If a driver admits to distracted driving, that admission is likely to be entered in the investigating officer’s crash report and can be used against the driver in a personal injury case.

Compensation for Injuries and Damages

If a cyclist is injured in a bicycle accident caused by a distracted driver, they may be entitled to compensation for a variety of damages, including:

Medical Expenses: This includes past and future medical bills, rehabilitation costs, and any ongoing medical care required as a result of the injuries.
Lost Wages: If the injuries prevent the cyclist from working, they may be able to recover compensation for lost wages, including future earnings if the injury impacts their ability to work in the long term.
Pain and Suffering: Cyclists may also be compensated for the physical pain and emotional distress they have experienced as a result of the accident.
Property Damage: Compensation for damage to the bicycle or other personal property.

The Role of a Bicycle Accident Lawyer

Navigating the legal process after a bicycle accident can be complicated, especially when dealing with insurance companies that may try to minimize your claim. An experienced bicycle accident lawyer can help you:

Investigate the Accident: Gather evidence to prove that the driver was distracted and that their distraction caused the accident.
Negotiate with Insurance Companies: Handle communications with insurance companies and negotiate a fair settlement on your behalf.
File a Lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court.
Maximize Compensation: Ensure that your claim covers all of your damages, including medical expenses, lost wages, and pain and suffering.

What to Do After a Distracted Driving Bicycle Accident

If you are involved in a bicycle accident, here are some immediate steps to take:

Ensure Safety and Seek Medical Treatment: The first priority after any accident is to ensure safety.
Call the Police: Report the accident to the police.
Collect Information: Gather as much information as possible at the scene.
Document the Scene: Take photographs of the accident scene, your bicycle, any vehicles involved, visible injuries, and road conditions.
Contact a Lawyer: Consult with a cyclist injury attorney.

Conclusion

Distracted driving is a serious threat to cyclists, and those who cause accidents due to their negligence should be held accountable. If you have been injured in a bicycle accident caused by a distracted driver, it is essential to understand your rights and take steps to protect them. Contacting an experienced bicycle accident lawyer can help you navigate the legal process and pursue the compensation you deserve.