Bicycle Accident Information
Information about Bicycle Accidents, including a list and explanation of the causes of Bike Accidents and the legal implications, a guide for determining fault, an overview of Product Liability Law as it pertains to Bicycle Accidents, and the statute of limitions. Understanding Bike Accidents · Bike Accident Causes · Determining Fault · Product Liability Law · Statute of Limitations
Understanding Bike Accidents
The rights and responsibilities of bicyclists are protected and defined in all state laws. Responsible bike riders should know these laws, because, in the event that you are involved in a bucycle accident, compliance with the law provides you with the best chance of recovering for danages or injuries that you may experience. Conversely, if you do not comply with the laws, your liklihood of recovering is greatly reduced, and you may in fact be liable for the accident.
Relevant laws include the side of the road on which you should ride (usually with traffic), requirements if there is a bike lane (in most cases you are restricted to the lane, unless you are making a turn or avoiding hazards or obstructions). You should know if you are permitted to ride your bicycle on the sidewalk. Some jurisdictions permit bike riders to ride between stopped traffic. If you are permitted to do a lane split, it should be done very carefully. If an accident occurs and you were driving in an unsafe manner, you might be legally at fault.
Even though there is no federal law that requires bike helmets for all riders, you should always wear a helmet, as this is an effective safety precaution, mandated in many areas, and wearing one may be a factor if you pursue a lawsuit following a bicycle accident.
Most jurisdictions also have laws that govern who has the right of way when makign a right turn, as this is a common cause of bicycle-car collisions. Laws typically state that if a bicycle and car are sharing the right lane, and the car intends to turn, thereby crossing the path of the cyclist, the car must yeild to the cyclist. If the car does not yeild and a collision results, in most cases, the driver of the car will be consider negligent and at fault in the accident.
It should be noted that a bike rider may ignore the rules of the road if road surface hazards would create an unsafe riding condition. Furthermore, young children, when riding bicycles, are usually held to a lower standard of care, as they cannot be expected to always act in a manner consistent with reasonable adult behavior. However, children should still know and abide by the rules of the road, and as a parent, you should be sure that they are aware of the relevent rules.
The bottom line is that, if you are involved in a bicycle accident, one of the most important factors is if you were abiding by thr rules of the road. If you were not, you compromise your ability to win the case, and could considerably reduce potential compensation for your injuries.
Bike Accident Causes
There are two common causes of bicycle accidents. The first is because of defective product design or manufacture. That is, the company which made the bike either designed the bike in a manner so that it is unsafe to use (for example, the chain does not stay on or the breaks do not work properly) or it was poorly manufactured (for example, there is a crack in the frame of the bike. The second is collisions, which can be more complicated. There are eight common types of bike collisions with cars that may cause a bicycle accident. There are:
Right Side Accidents: A car does not notice the biker and either pulls out into the biker, or pulls out so that the biker collides with the side of the car.
Door Collisions: A parked car opens the door into the path of the biker, causing a collision.
Crosswalk Accidents: A bike rider is riding on the sidewalk and in the process of crossing the street when a car turning onto the street collides with the biker because the car driver did not expect a bike rider to be on the crosswalk. For this reason, it is illegal for bikers to ride on the crosswalk in many areas.
Wrong Way Accidents: A bike rider is riding against traffic (illegal in most jurisdictions) and is not seen by a car turning into the road. Make sure that you know the rules of the road and do not drive against traffic if it is forbidden by law.
Red Light Accidents: A bike pulls alongside a car at a red light, and when the light turns green, the cyclist pulls forward while the car driver turns right, into the biker.
Right Turn Collisions: A car speeds past a biker and tries to make a right turn, directly in the path of the cyclist. A variation of this is that a cyclist tries to speed past a car which is in the process of making a right turn and consequently hits the biker.
Left Turn Collisions: A bike rider is crossing an intersection when a car, coming the opposite direction, makes a left turn into the biker.
Read End Collisions: A cyclist turns out of the bike lane and into the road, in order to avoid a road hazard, and is hit by a car. A variation of this is that the biker is already in the road and is not seen by a car, who rear ends the bike.
The bottom line with these types of bicycle accidents is that, in order to avoid collisions (and reduce any potential liability on your part) if you are riding a bike you should take every available safety precaution. Wear your helmet, wear reflective gear, have lights on your bicycle, and above all, know the law and follow it.
Determining Fault
If you or a loved one were injured or killed in a bicycle accident, due to the negligence of a car driver or some other party, you can bring a lawsuit against them to recover for damages, including medical expenses, lost wages, pain and suffering, and possibility other losses you have experienced. Parties who cause bicycle accidents and may be at fault and liable for damages include:
Negligent Car Drivers: Thousands of bicycle accidents are caused by car drivers who fail to respect the rights of bike riders. If a car causes a bike accident, and the bike rider was obeying all relevent laws, then the odds are that the car driver is responsible. Truck drivers and bus drivers also cause bike accidents and may be held liable.
Manufacturers or Retailers of Defective Products: If a bike manufacturer or retailer sells a bicycle, bicycle part, or bicycle accessory that is defective, and the defective product causes a bicycle accident, the manufacturer and/or retailer may be held liable for damages.
City, County or State: If a road hazard causes a bicycle accident, the party who is responsible for maintaining the road, usually the city, county, or state, may be liable for the dangerous condition which created an unsafe roadway and caused the accident. They also may be liable if the negligent design, maintenance, or upkeep of public property causes the accident.
Negligent Repair Shops and Mechanics: If a bicycle accident is caused due to negligent repair or maintenance of the bicycle, the party who failed to make the appropriate repairs in a proper manner may be liable for the accident.
Private Property Owners: If the owner of private property fails to maintain or unkeep his or her property in a manner that leads to a bicycle accident, he or she may be liable for that accident.
More than one party may be liable for a bicycle accident. In many cases, there are a number of parties whose negligence led to an accident. consequently, it is best to consult a bicycle accident lawyer, who can ensure that all parties who may be responsible for an accident are held accountable.
Product Liability Law
Not all bicycle accidents are caused by the negligence of car riders. some occur because of a faulty design or manufacture of a bicycle which leads to the accident. In these cases, referred to as product liability lawsuits (because liability is tied to the product, not to a negligent action), both the manufacturer and the seller of the bike may be liable for injuries and damages.
Product defect cases are based on strict liability, rather than negligence. Fortunately for the injured party, this means that it is not necessary to prove "fault" on the part of the manufacturer or seller. Rather, what needs to be shown is the the defective bike was being used in a normal manner, that part of it was defective, and that the defective part caused the bicycle accident. Defective product claims need to show a direct link between the defect and the injury. Therefore, if the chain on someone's bike broke, they would need to show that the broken chain was the cause of the accident. the defense might admit that the chain was defective, but argue that the accident was caused by a crack in the road. If this was the case, it would be very difficult to win the case, even if the bicycle was defective, because the defect did not cause the accident.
Other factors to consider are if the defective part of the bicycle was assembled at the shop. The shop may then be liable if they failed to put it together properly. Your attorney may file lawsuits against a number of parties, including the bike store, the repair shop, and the bike manufacturer. It may be that they are all liable, or the proof that one party is innocent will indicate that another party is in fact liable.
Statute of Limitations
Lawsuits for bicycle accident, as with all personal injury lawsuits, must be filed before the legal time limit for suing expires. Each state has an established amount of time within which the lawsuit must be filed. Once this time limit (the statute of limitations) has passed, the bicycle accident lawsuit CANNOT be filed. The period of time is measure from the date of the bicycle accident and ranges from about 1 year to about 2 years, though laws do change.
It is also important to note that different types of bicycle accidents may have differing statutes of limitations. For example, if the accident was caused by a defective bike, the product liability statute of limitations applies. If it was due to a car, a statute of limitations for personal injury or for car accidents applies. It is important to know the appropriate statute of limitations for your case (this can be confusing, so it is advisable to consult a knowledgeable bicycle accident lawyer). In many cases, the longer you wait to file the case, the harder it is to win, so it is best to speak with a lawyer as soon as possible, in order to protect your rights.
Finally, it is of note that the law differs slightly for minors involved in bicycle accidents. If there were a minor injured in the bicycle accident, most states allow the child until his or her 18th birthday plus the statutory limit to file the lawsuit. That is, if the state's statute of limitations is two years, a child injured at 16 has until he or she is 20, four years total, because they have until two years following the 18th birthday.
 All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics. Tags: Bicycle Accidents · Legal Help · Recreational Accidents
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