Steven A. Bagen | October 7, 2024 | Uncategorized

A cyclist sitting on the ground next to a fallen bicycle while a concerned driver kneels nearby next to an open car door after a roadside accident.

Bicycle accidents frequently happen when drivers are careless and violate traffic laws. If someone hits you while riding a bike and you suffer injuries, you may be eligible to file a claim with that individual’s insurance company for compensation. If the insurance company disputes fault for the accident or refuses to compensate you reasonably, then you may file a lawsuit in the state court system.

A knowledgeable Gainesville Bicycle Accident Lawyer can handle every step of the litigation process for you, represent you during all legal proceedings, and pursue the maximum amount of compensation available to you in your case.

 

Can You Sue Someone for Hitting You on a Bike?

How Do Bike Accidents Typically Occur?

Bicycle accidents involving motor vehicles often result from a driver’s negligence or mistakes. While cyclists must also follow traffic rules, many accidents happen when drivers fail to properly watch out for cyclists on the road. Here are some of the most common ways that drivers cause bicycle accidents:

  • Failure to Yield – One of the leading causes of bicycle crashes is when drivers fail to yield the right-of-way to cyclists at the proper times. This often happens at intersections or when drivers make turns without checking for cyclists. Cyclists have the same rights as other vehicles on the road, but some drivers either forget or ignore this rule.
  • Opening Car Doors – Another common cause of bicycle accidents is when drivers or passengers open their car doors into a cyclist’s path. Known as “dooring,” this type of accident can be severe because cyclists don’t have enough time to react and avoid the door.
  • Distracted Driving – Drivers who are distracted with their phones, GPS devices, or other passengers may not notice cyclists on the road. When a driver is distracted, they may inadvertently drift into bike lanes or miss important traffic signals, putting cyclists at risk of being hit.
  • Speeding – Speeding is dangerous for everyone on the road, but it poses an even bigger risk for cyclists. When drivers speed, they have less time to react to cyclists, making collisions more likely. Cyclists are more vulnerable than car passengers since they don’t have the protection of a vehicle, so the injuries from speeding-related accidents can be severe.
  • Unsafe Lane Changes – Drivers who change lanes without checking their mirrors or blind spots can easily collide with a cyclist. Bicycles are much smaller than cars and can be harder to see, but drivers must make sure the road is clear before switching lanes.
  • Intoxicated Driving – Alcohol and drugs significantly impair a driver’s ability to make good decisions and react quickly. When a driver is under the influence, they may not notice cyclists or may misjudge their speed and distance, leading to accidents.

What are the Most Common Physical and Mental Injuries in Bicycle Crashes?

When a bicyclist is involved in an accident resulting from a driver’s negligence, the injuries can be serious – and even life-threatening. Since bicyclists have little protection compared to drivers in vehicles, they are especially vulnerable. Here are the most common physical and mental injuries that bicyclists may suffer in these accidents.

Physical Injuries

  • Head Injuries – One of the most severe types of injuries a bicyclist can suffer is a head injury. Even with a helmet, a cyclist can experience a concussion or other traumatic brain injury (TBI). These injuries can lead to long-term cognitive problems, memory loss, and difficulty concentrating. In the worst cases, head injuries can be fatal.
  • Broken Bones – Fractures are also common in bicycle accidents – especially in the arms, legs, collarbone, and ribs. Cyclists often try to break their fall with their hands or arms, which can result in broken wrists or arms. More severe impacts can cause fractures in the legs or even the spine.
  • Spinal Injuries – Damage to the spine is another serious consequence of bicycle accidents. A spinal cord injury can result in partial or full paralysis, depending on the severity. These injuries often require long-term medical care and rehabilitation.
  • Road Rash – When a cyclist is thrown off their bike and skids across the pavement, they can suffer from road rash. This is a painful condition where the skin is scraped off, sometimes down to the muscle. Severe cases may require skin grafts or lead to infections.
  • Internal Injuries – The strong force of a collision with a car can cause internal bleeding or damage to vital organs like the liver, lungs, or kidneys. Internal injuries may not be immediately obvious, but they can be life-threatening if not treated immediately. 

Mental Injuries

  • Emotional Trauma – In addition to physical injuries, bicyclists may also experience emotional trauma after an accident. This can include fear, anxiety, or depression – especially if the accident was severe. Some victims may develop post-traumatic stress disorder (PTSD), which can affect their ability to ride a bike or function normally in daily life.
  • Cognitive Impairments – If the cyclist suffers a brain injury, they may experience long-term mental health effects such as difficulty focusing, memory loss, or mood swings. These cognitive impairments can affect their quality of life and ability to work.

When is Litigation Necessary in a Third-party Bike Accident Case?

Litigation may become necessary in a third-party bicycle accident case when certain circumstances prevent the involved parties from reaching a fair settlement through negotiation. While many bicycle accident claims are resolved out of court, several situations can make litigation the best or only option to ensure that the injured cyclist receives the compensation they deserve.

  • Disputed Liability – One of the most common reasons litigation becomes necessary is when there is a disagreement over who is at fault for the accident. The driver or their insurance company may argue that the bicyclist was responsible for the crash or that the driver was not negligent. When liability is contested, going to court allows both sides to present evidence, including witness testimony, accident reconstruction, and expert opinions, so a judge or jury can determine fault.
  • Inadequate Settlement Offers – In many cases, insurance companies may offer settlements that are far lower than what the injured bicyclist needs to cover medical bills, lost income, and pain and suffering. Insurance companies often try to minimize payouts to protect their bottom line. If negotiations fail to result in a fair settlement, the injured cyclist may need to file a lawsuit to pursue the compensation they deserve through litigation.
  • Severe Injuries or Long-Term Effects – When a bicyclist suffers severe or life-altering injuries, such as TBIs, spinal cord damage, or permanent disability, the stakes are much higher. The costs of medical care, rehabilitation, and lost future income can be enormous. In these cases, an insurance company may be unwilling to provide adequate compensation for the long-term effects of the injuries. Litigation may be necessary to secure a settlement or judgment that accounts for the full extent of the damages.
  • Disputes Over Damages – Even when liability is clear, disputes can arise over the amount of compensation owed to the injured cyclist. The insurance company may downplay the severity of the injuries or dispute the need for certain medical treatments. Additionally, disagreements over non-economic damages, such as pain and suffering or emotional distress, can lead to the need for litigation.
  • Bad Faith Insurance Tactics – In some cases, an insurance company may act in bad faith by delaying the claims process, refusing to investigate the accident properly, or denying a valid claim without reason. If the insurance company is not acting in good faith, litigation may be the only way to hold them accountable and obtain fair compensation for the injured cyclist.

What Happens During Third-party Bicycle Accident Litigation?

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When a third-party bicycle accident case goes to litigation, the process usually begins with filing a complaint in the state court system. This complaint outlines the cyclist’s legal claims, names the defendant (the person who’s allegedly responsible for the accident), details the facts of the case, describes the injuries sustained, and references the damages being sought. Here’s an overview of the litigation process and how a Gainesville Bicycle Accident Lawyer can assist at each step.

  • Filing the Complaint – The complaint is a formal legal document that begins the bicycle accident lawsuit. It explains how the defendant’s actions (such as reckless driving or failing to obey traffic laws) caused the cyclist’s injuries and requests compensation for medical expenses, lost income, pain and suffering, and other losses. Once the complaint is filed with the court, the defendant is served with a copy, meaning they are officially notified of the lawsuit and required to respond.
  • The Defendant’s Response – The defendant typically has 20-30 days to file an answer to the complaint. In the answer, the defendant may admit to certain facts but usually denies responsibility for the accident. They may also file counterclaims or defenses, arguing why they shouldn’t be held liable. During this time, the attorney representing the cyclist will monitor all filings and ensure that the case moves forward properly.
  • Discovery Phase – Next is the discovery phase, where both sides gather evidence and exchange information. This can involve written questions (called interrogatories), requests for documents (such as medical records, police reports, and photos), and depositions, where witnesses and involved parties provide sworn testimony. An experienced bicycle accident attorney will help the accident victim prepare for depositions and ensure that the other side produces all relevant evidence. This phase is critical because it helps build a strong case and reveals the strengths and weaknesses of both sides. 
  • Pre-Trial Motions and Settlement Negotiations – Before going to trial, attorneys may file motions to dismiss certain claims or to resolve the case early through summary judgment. At the same time, they often negotiate settlements. A skilled bicycle accident lawyer can use the evidence gathered to push for a fair settlement without going to trial, saving time and legal costs. However, if the settlement offer is insufficient, the attorney will recommend proceeding to trial.
  • Trial – If the case doesn’t settle, it moves to trial. At trial, both sides present their evidence, call witnesses, and make legal arguments. A Gainesville Bicycle Accident Lawyer will advocate for the cyclist, explaining how the defendant’s negligence caused the accident and the damages that should be awarded. A judge or jury then determines the outcome.

Recoverable Compensation in a Third-party Bicycle Accident Lawsuit 

In a third-party bicycle accident lawsuit, victims may be entitled to recover compensation for the injuries and losses they suffered. This compensation is designed to help them recover both financially and emotionally from the accident. The compensation a cyclist can pursue for losses also known as damages, generally falls into two categories: economic damages and non-economic damages.

Economic Damages

Economic damages are the measurable financial costs that directly result from the bike accident. These damages include:

  • Medical Expenses – After a bicycle accident, medical bills can add up quickly. This may include costs for emergency care, hospital stays, surgeries, physical therapy, prescription medications, and any future medical treatment that may be necessary for long-term injuries. If the victim needs medical equipment like wheelchairs or ongoing care, those costs may also be covered.
  • Lost earnings – If the cyclist is unable to work due to their injuries, they can seek compensation for lost income. This covers the time they miss from work during recovery. If the accident leaves them unable to return to their job or forces them to work fewer hours, they may also recover damages for loss of future earning potential.
  • Property Damage – Bicycles can be expensive, and the victim can recover compensation to repair or replace their damaged bike and any other personal property – like a phone or helmet – that was damaged in the accident.

Non-Economic Damages

Non-economic damages are more subjective and do not have a specific dollar amount tied to them. These damages compensate for the emotional and mental toll the accident takes on the victim’s life.

  • Pain and Suffering – Victims may be compensated for the physical pain and discomfort they experience due to their injuries. This can also include long-term pain or discomfort resulting from the bike accident.
  • Emotional Distress – A bicycle accident can cause significant emotional suffering, including anxiety, depression, or trauma from the event. Compensation for emotional distress helps address the mental health effects of the accident.
  • Loss of Life Enjoyment – If the accident results in long-term injuries that affect the victim’s ability to enjoy activities they once loved, they may receive compensation for this loss.

An experienced bicycle accident lawyer can assist victims in identifying and pursuing all of the compensation they are entitled to recover.

Call a Knowledgeable Bike Accident Lawyer in Your Area Today

If you recently suffered injuries in a bicycle accident that a negligent motorist caused, you are not alone. A skilled Gainesville Bicycle Accident Lawyer in your jurisdiction can swiftly evaluate your case, determine your legal options, and file a claim or lawsuit for the compensation you deserve.