Injured in a Bicycle Accident: What You Need to Know About Your Legal Rights

Bicycle accidents can result in severe injuries, leading to significant medical expenses, lost income, and emotional distress. According to the National Safety Council, 1,377 cyclists died in traffic crashes in 2023, with 405,688 emergency room visits from bicycle-related injuries. If you’ve been injured in a bicycle accident, understanding your legal rights is crucial to ensure you receive fair compensation for your losses.

Understanding Your Rights on the Road

Cyclists have the same rights and responsibilities as motor vehicle operators. This means you must obey traffic laws, but you’re also entitled to share the road safely. New York State laws, such as New York State Vehicle and Traffic Law Sec. 1229-A and New York Highway Law Sec. 316, grant cyclists the right to share the road with other vehicles on public streets.

Determining Liability and Negligence

In a bicycle accident, determining who is at fault is essential. Liability often hinges on negligence, which is the failure to exercise reasonable care. Negligence occurs when someone fails to act with the care that a reasonably prudent person would in similar circumstances, leading to an accident and injuries.

Proving Negligence

To prove negligence, you must demonstrate the following elements:

Duty of Care: The other party had a legal obligation to drive safely and obey traffic laws.
Breach of Duty: The other party failed to meet that obligation, such as by speeding, failing to yield, or engaging in distracted driving.
Causation: The other party’s careless actions directly caused your accident.
Damages: You suffered injuries or financial losses because of the crash.

Common Examples of Negligence

Distracted Driving: Texting, eating, or otherwise not paying attention to the road.
Failing to Yield the Right of Way: Ignoring traffic signals or signs.
Speeding or Reckless Driving: Exceeding the speed limit or driving in a dangerous manner.
Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs.
Poor Road Maintenance: Hazardous conditions such as potholes or debris in the road.

Steps to Take After a Bicycle Accident

Seek Immediate Medical Attention: Prioritize your health by seeking medical attention promptly after the accident, even if injuries seem minor. Some injuries may have delayed symptoms that require medical evaluation.
Report the Incident: Ensure you file a police report detailing the incident. The police report is critical for insurance and legal claims.
Document Everything: Capture thorough documentation by taking photos of the crash scene, your injuries, and any damages sustained. Also, gather the names and contact information of any witnesses.
Preserve Evidence: Avoid repairing your bicycle immediately after the crash. Keep damaged bike, helmet, and clothing as-is.
Never Admit Fault: Avoid apologies or statements about blame. Saying “I’m sorry” or “I didn’t see you coming” can be twisted into admissions of guilt later. Stick to the facts when talking to police, the driver, or witnesses.
Contact a Bicycle Accident Attorney: Before speaking to insurance companies, contact a bicycle accident attorney. Insurance adjusters often contact victims within hours, hoping to secure quick, low-ball settlements before you understand the full extent of your injuries or legal rights.
Know Your Deadlines: Every state has strict deadlines called statutes of limitations for filing injury claims.

Common Injuries in Bicycle Accidents

Bicycle accidents can result in a range of injuries, from minor scrapes to severe trauma. Common injuries include:

Head Injuries: Concussions, traumatic brain injuries (TBIs), and skull fractures. Wearing a helmet can significantly reduce the risk of head injuries.
Fractures and Broken Bones: Broken bones in the arms, legs, collarbone, and ribs.
Road Rash and Abrasions: Abrasions and scrapes that occur when the skin rubs against a hard surface.
Soft Tissue Injuries: Sprains, strains, and contusions.
Spinal Cord Injuries: Damage to the spinal cord or vertebrae in the spine, which can have life-altering repercussions.
Internal Injuries: Damage to internal organs or internal bleeding.
Facial Injuries: Cuts, bruises, and fractures to the face.

Compensation for Your Losses

If you’ve been injured in a bicycle accident due to someone else’s negligence, you may be entitled to compensation for your losses, including:

Medical Expenses: Past and future medical bills, including ambulance transportation, hospitalization, surgeries, physical therapy, and medications.
Lost Wages: Compensation for time missed from work due to your injuries, including both current and future lost income.
Pain and Suffering: Compensation for the physical pain and emotional distress you have experienced as a result of the accident.
Property Damage: The cost to repair or replace your damaged bicycle, helmet, and other personal property.
Emotional Distress: Compensation for emotional trauma or distress.
Loss of Enjoyment of Life: Compensation for the reduction in your ability to enjoy life’s activities.
Long-Term Disability: Costs of long-term care for prolonged or permanent disabilities.

The Role of a Bicycle Accident Attorney

A bicycle accident attorney can help you navigate the legal process and ensure you receive fair compensation for your injuries. An attorney can:

Investigate the Accident: Gather evidence to determine liability and build a strong case.
Negotiate with Insurance Companies: Handle communications with insurance companies and negotiate a fair settlement.
File a Lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court.
Assess the Value of Your Claim: Determine the full extent of your losses and ensure you receive the compensation you deserve.
Protect Your Rights: Ensure your rights are protected throughout the legal process.

Understanding the Statute of Limitations

Every state has a statute of limitations, which sets a deadline for filing a personal injury lawsuit. In California and many other states, the statute of limitations for personal injury claims, including bicycle accident claims, is two years from the accident date. In Illinois, the statute of limitations for a personal injury bicycle accident claim is generally two years for bodily injury and five years for property damage. In Michigan, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. In Georgia, you typically have two years after an accident to file a lawsuit.

Exceptions to the Statute of Limitations

Minors: If the victim of a bicycle accident is a minor (under 18), the statute of limitations is put on hold (tolled) until their 18th birthday, and then the two years begin to count down.
Government Entities: If your bicycle was hit by a driver working for a governmental entity, there’s a completely different legal process to follow. Instead of the two-year statute of limitations, you will have only six months to file a claim with the government.

Comparative Negligence

In some cases, the cyclist may be partially at fault for the accident. Many states follow comparative negligence rules, which means your compensation gets reduced by your percentage of fault, but you can still recover damages even if you contributed to the crash. For instance, if you were 20 percent at fault and had $100,000 in damages, you could still recover $80,000.

Don’t Wait, Take Action Today

If you’ve been injured in a bicycle accident, it’s essential to take action to protect your legal rights. Contact a bicycle accident attorney to discuss your case and explore your legal options. With the right legal representation, you can receive the compensation you deserve and focus on your recovery.