Bicycle Accident Lawyer

Bicycles offer an attractive transportation alternative to commuters traveling short distances to their destinations. After all, motor vehicles guzzle gas, while public transportation options quickly become crowded and unpredictable. Traveling by foot isn’t as fast or effective as other methods. Bicycles are versatile and agile and require no license to operate. However, these conveniences come with a few drawbacks. As more people use bicycles to commute to work, school, or social functions, more accidents occur, often involving vulnerable cyclists injured by large motor vehicles. A bicycle accident lawyer from Steinger, Greene & Feiner can help you handle these unfortunate circumstances. 

Our team of capable attorneys helps victims of diverse accidents and injuries seamlessly navigate their local court systems. We believe you should focus on healing following a traumatic bicycling accident. Therefore, we make your peace of mind a pertinent focus of our legal services.

Understanding Bicycle Accident Laws

Many states have specific laws and guidelines in place to protect cyclists from life-threatening accidents. Consider how a bicycle differs from a vehicle. Municipal and state infrastructure often caters more to motor vehicles than alternative transportation methods. Therefore, as a cyclist, you are likely in more danger than the average vehicle driver.

Bicycles are much smaller. They may lack safety features, like lights or airbags, that modern motor vehicles almost always have. While laws in your state or city may vary, some common ones include:

• Proper signaling: Traditionally, cyclists used hand signals to indicate turning or stopping. However, you might equip your bike with lights to ensure drivers can see your movements at nighttime. 
• Helmet usage: When you wear a properly fitted helmet that meets the Consumer Product Safety Commission’s standards, you can avoid an injury that could threaten your quality of life. 
• Brakes, tires, and steering: Bicycle safety begins with a perfectly functioning bicycle. Keep your tires adequately inflated and make sure your brakes and steering mechanisms perform at a moment’s notice. 
• Passenger allowances: Don’t transport more people than your bicycle can accommodate. If you have a single-seat bike, only you should ride it. 
• Headset limitations: While music makes rides more enjoyable, it can dull your situational awareness. Avoid wearing earbuds or headsets that prevent you from hearing your surroundings. 

Additionally, motor vehicle drivers must abide by specific rules to ensure the safety of cyclists. For example, some states mandate that drivers only overtake cyclists when they can provide a minimum amount of footage between their vehicle and the bicycle. They must also adhere to other common laws, like stopping at traffic lights, to protect themselves and other vehicles. 

Common Causes of Bicycle Accidents

When you work with a bicycle accident lawyer from Steinger, Greene & Feiner, you must describe the details surrounding your accident in as much detail as you can. The more information we have, the better we can argue your case. We see cases that arise from various causes, including:

• Distractions: Anything from texting, answering phone calls, or changing the radio station can count as a distraction. Since bicycles are smaller than cars, a motor vehicle operator can miss a cyclist near them when toying with other devices. 
• Speeding: Speed limits typically account for the type of traffic you might encounter down a particular road, including pedestrians and cyclists. When a driver speeds on a residential or rural road, they endanger themselves and others. 
• Driving while under the influence: When a driver drinks alcohol or consumes other mind-altering substances, they can easily misjudge your speed or distance from them. Their vehicle could send you sprawling yards away from the place of impact.  
• Turning illegally: Illegal u-turns or turning left when it isn’t allowed can cause catastrophes for cyclists, who must fight to recover from another’s mistake. 
• Carelessness: Some motor vehicle operators seem to not care about or respect other vehicle types, including cyclists. Their lack of care can lead to significant injuries that require medical treatment. 

If you are able, take note of what the other driver described following the accident. Your bike accident attorney can uncover favorable evidence that corroborates these statements.

What To Do If You’re Involved in a Bicycle Accident

Many injured cyclists struggle with feeling dazed and confused immediately following a bicycle accident. However, you should try to stay aware of your surroundings and the other driver’s or drivers’ reactions. We suggest taking the following actions:

1. Call emergency responders. Police officers and EMTs should ideally attend all traffic accidents. You need these neutral third parties to record their own observations and corroborate witness accounts. 
2. Recount what just happened while you wait. Use your mobile device to note everything you can remember, like the road name, what caused the accident, and what happened to you after impact. Writing these details down while they are fresh in your mind helps ensure accuracy. 
3. Take photographs of the scene if you are able. If you can stand up and move around, photograph the scene without touching anything. Capture your bike’s location, any skid marks on the road, and where the motor vehicle stopped. 
4. Record as many details as possible about the road conditions and other people’s behavior. Use your note-taking app to describe the scene. For example, damp weather, time of day, and the presence of structures near the roadway can disrupt your or the other party’s view.  
5. Provide as many details as you can in the police report. Share the above details with the police officer who takes your statement. Police reports are official documents that can greatly help your case. 
6. Go to the emergency room. Even if you don’t feel sore, ask for a checkup. You may not know about some injuries with all that adrenaline flooding your senses. 
7. Keep copies of all correspondence between you and any party involved. You’ll communicate with your insurance company and doctor following the accident. Screenshot or print out these communications in case they contain any information to help your case. 
8. Consult with a bike accident attorney at your earliest convenience. Present your notes and records to a bike accident lawyer. They can combine your information with the evidence your insurance company and local police station gather to craft a fuller picture of the accident events. 

Remember that the other driver’s legal team and insurance support may attempt to downplay your experience, injuries, and bicycle damage. They may short-change you to suit their own goals. When you have an assertive, knowledgeable attorney in your corner, you can present the bigger picture of how the accident affects you now and in the future.

The Role of a Bicycle Accident Lawyer

What exactly does a bicycle accident attorney do to argue your case? 

• They lighten your load. Organizing your personal evidence, gathering other evidence from outside parties, and putting a case together take lots of time and effort, especially if you don’t know the legal process. Your attorney takes care of these tasks for you. 
• They identify how the other party failed to exercise reasonable care. Your bicycle accident lawyer will use the evidence they collect to craft a narrative that demonstrates how the other driver put you in danger. Everyone must use reasonable care to protect themselves and others on the roadway. When they don’t, they can cause accidents. 
• They push for the highest possible compensation. As mentioned your opposition may attempt to downplay your experience and the accident’s consequences. Your attorney advocates for you to prevent that from happening. 
• They give you peace of mind. You should focus on healing and returning to the saddle, so to speak. Your lawyer lets you focus on healing and finding your feet again without additional worries. 

When you search for legal guidance in your area, add candidates with personal injury and bike accident experience to your shortlist. Your chosen legal representation should have a track record of representing accident victims. Reviews from previous clients should encourage you to consult with them.

Filing a Claim and the Legal Process

What should you expect during the legal process for a bicycling injury settlement? The experience may vary, depending on your injuries and who carries the majority of the fault. For example, some courts may reduce a cyclist’s settlement amount if they deem the cyclist was partially at fault for the accident. 

However, many proceedings include the following steps:

1. Collecting and assessing evidence: First, your attorney needs access to all available evidence, including your collection and what the police department can provide. They create a narrative that reflects the accident’s events based on their findings. 
2. Identifying liability and fault: Evidence often determines who caused the accident. Therefore, your attorney should identify the party with majority fault with substantial backing from their evidentiary findings. 
3. Documenting the damage: Determining how your accident may affect you in the future can be difficult. Some issues, such as emotional damage or mental trauma, may not arise till later. 
4. Filing a personal injury claim: Once your attorney identifies a sufficient dollar amount to cover current and future damages, they may file a claim. Some initial claims are higher than the desired amount to prevent the defense from lowballing the plaintiff. 
5. Making counterclaims: A series of counterclaims from either side may follow. Your lawyer’s goal is to secure the highest dollar amount possible before accepting a claim. 
6. Preparing for a court case, if applicable: Many claims settle out of court. However, your attorney might recommend taking the case to court if the defense won’t budge on paying a fair amount per your injury and damage needs.

Compensation and Settlements

Some clients confuse settlements with court trials. However, the two legal proceedings differ in their intensity, speediness, and how they are conducted. Settlements happen first in a bid to avoid court proceedings. 

Many settlements take six months or less to complete. They generally give the plaintiff more leeway and less stress. Defendant parties often prefer to settle out of court to prevent a court case from appearing on their record. 

You can seek settlement compensation for:

• Property damage: Did your bicycle or cycling equipment sustain damage from the accident? You can determine the cost of repairs or replacement, adding the price to the settlement suit. 
• Injuries: Even small injuries, like cuts and bruises, may qualify for compensation with support from an experienced lawyer. 
• Medical bills: If you went to the emergency room or had to undergo other medical services for your injuries, you can cover the costs with a settlement. 
• Pain and suffering: Sometimes, the damage doesn’t materially manifest. It can come in the form of emotional or mental pain, like PTSD. 
• Economic damages: If you missed work because of your accident, you can recoup your financial losses through your settlement proceedings. 

Your attorney can identify other qualifying types of compensation concerning your accident and related injuries.

Preventing Bicycle Accidents

The National Highway Traffic Safety Administration outlines tips to prevent accidents and injuries, including:

• Bicycle choice: You should enjoy smooth, hazard-free rides. Therefore, ride bikes that can accommodate your size and inspect all components, like brakes and handlebars, before you head out. 
• Proper clothing: Wear clothes that increase your visibility — bright colors during the day and vests with reflective fabric at night. Helmets and knee and elbow pads can protect your head and joints in case you fall. 
• Item containment: Tuck your shoelaces and other loose garments to prevent becoming stuck on moving vehicles or becoming tangled in the bike chain. Wear a backpack to keep your belongings. 
• Preparation: Plan your route ahead of time. Use as many traffic-free roads as possible to limit contact with motor vehicles. 

If you do travel in high-traffic areas, stay aware of your surroundings and the habits of drivers around you. Remember your local traffic and cycling laws so you can adhere to them and recognize when someone else breaks them. 

Discuss Your Bicycle Accident With Our Experienced Lawyers

At Steinger, Greene & Feiner, we serve numerous locations within various states. When you need a bicycle accident lawyer, arm yourself with our competent legal team. Don’t navigate your post-accident proceedings without knowledgeable legal guidance. Contact us today for a free consultation. Remember to recommend us to your local bike club, too.