Sean | November 6, 2024

Can You Sue Someone for Hitting You on a Bike?

Bicycle crashes frequently happen when drivers fail to follow the rules of the road, become distracted, or exhibit aggressive driving maneuvers. In many cases, you can sue someone for hitting you while you’re riding a bicycle, and through this third-party lawsuit, you may recover compensation for medical bills, lost income, and pain and suffering.

It’s important to gather evidence from the accident, including photos, witness statements, and police reports. A knowledgeable bicycle accident lawyer can help you understand your rights and improve your chances of recovering fair compensation for your losses.

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How Do Negligent Drivers Cause Bike Accidents?

Negligent drivers are a leading cause of bike accidents, often putting cyclists in dangerous situations. When drivers fail to pay attention, follow traffic rules, or act responsibly on the road, accidents can happen quickly, often resulting in serious injuries or even death for cyclists.

• One common way negligent drivers cause bike accidents is by not giving cyclists enough space. In many states, the law requires drivers to maintain a safe distance of at least three feet when passing a cyclist. However, some drivers either don’t know this rule or ignore it. When they pass too closely, they can force a cyclist off the road or, worse, collide with them.
• Another form of negligence is distracted driving. Many drivers use their phones to text, call, or browse social media while driving, which takes their attention off the road. A distracted driver may not see a cyclist in their lane or at an intersection, leading to a collision. Even a moment of inattention can cause an accident, especially when cyclists are involved, as they are more vulnerable than motorists.
• Drivers who fail to yield the right-of-way also put cyclists at risk. For example, when making a right turn, a driver may not check their blind spot or notice a cyclist traveling straight through the intersection. This common mistake can lead to serious accidents. Similarly, drivers who run red lights or stop signs may crash into cyclists crossing the street legally.
• Speeding is another major factor. When drivers speed, they have less time to react to cyclists on the road. If a cyclist suddenly swerves to avoid an obstacle or is in the driver’s blind spot, a speeding car may not have enough time to slow down or stop, causing a crash.
• Finally, impaired driving is a dangerous form of negligence. Drivers who are under the influence of alcohol or drugs experience slower reaction times and impaired judgment, increasing the likelihood of hitting a cyclist.

Most Serious Bicycle Accident Injuries

Bicycle accidents can result in a wide range of injuries, but some of the most serious ones can be life-altering. Unlike car drivers, cyclists have little to protect them from the impact of a collision. Even with a helmet, many cyclists experience devastating injuries when hit by a vehicle or thrown from their bike.

• One of the most serious injuries is head trauma. Traumatic brain injuries (TBIs) can occur if a cyclist strikes their head on the ground, a vehicle, or another object. Even with a helmet, a severe impact can lead to a concussion, skull fractures, or brain bleeding. TBIs can result in long-term physical and cognitive problems, affecting memory, speech, and coordination. In the worst cases, a TBI can be fatal or cause permanent disability.
• Spinal cord injuries are another serious consequence of bike accidents. When a cyclist is thrown from their bike or crushed in a collision, their spine can become damaged. Injuries to the spinal cord can result in partial or complete paralysis, depending on where the injury occurs. Paralysis can severely limit a person’s ability to move, work, or care for themselves, leading to lifelong challenges.
• Broken bones are also common in bicycle accidents, but some fractures are more dangerous than others. A broken pelvis or femur (thigh bone) can lead to internal bleeding or other complications. Similarly, fractures of the ribs can puncture a lung or damage other internal organs. These injuries often require surgery and long recovery periods, sometimes leading to chronic pain or disability.
• Internal injuries, such as organ damage or internal bleeding, can occur even when there are no obvious external signs of trauma. For example, a hard impact on the abdomen or chest can cause damage to organs like the liver, spleen, or lungs. These injuries may be life-threatening if not treated immediately, as internal bleeding can quickly become fatal.
• Lastly, severe road rash is a painful and dangerous injury. When cyclists are thrown to the ground, the friction between their skin and the road surface can scrape away layers of skin. In severe cases, road rash can lead to infections, nerve damage, and significant scarring.

These injuries often require extensive medical treatment and may have long-term effects on the cyclist’s health and well-being.

Important Evidence in Third-party Bike Accident Claims

In a third-party bicycle accident claim, gathering strong evidence is important for proving who was at fault and securing fair compensation for injuries or damages. Evidence helps establish what happened, supports your case, and can increase the likelihood of a successful claim. Here are some of the most important types of evidence in bike accident claims.

• First, photographs and videos from the scene are essential. These can capture the damage to your bicycle, the other vehicle involved, and the surrounding environment. Taking photos of skid marks, traffic signs, road conditions, and any visible injuries can provide a clearer picture of the accident. If there are security or traffic cameras nearby, footage from these can be valuable in showing how the accident occurred.
• Eyewitness statements are also key. Witnesses who saw the accident unfold can give an objective account of what happened. This is especially helpful if the driver denies responsibility. Be sure to get the contact information of anyone who witnessed the crash so they can provide statements to the police or your bicycle accident attorney later.
• Another important piece of evidence is the police report. After an accident, law enforcement officers typically respond to the scene and create a report documenting the details. The police report often includes the officer’s observations, any traffic citations issued, and statements from both the driver and cyclist. This official document can be used to back up your claim and show the driver’s negligence.
• Medical records are also important in proving the extent of your injuries. Detailed medical reports from doctors and hospitals show the severity of your injuries and connect them directly to the accident. These records help to ensure that you receive compensation for medical expenses, pain, and suffering. It’s important to follow through with all medical treatments and keep detailed records of your visits, diagnoses, and bills.
• In addition, bike damage reports or repair estimates provide evidence of the financial effect of the accident. These reports show how badly your bicycle was damaged and how much it will cost to fix or replace it.
• Finally, records of any communication with insurance companies or the driver should be kept. Emails, texts, and letters can be used to show whether the other party (or their insurer) accepted responsibility or tried to avoid paying for damages.

This evidence can help prove fault, document your injuries, and secure the compensation you deserve in a third-party bicycle accident claim or lawsuit.

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Steps of Litigating a Third-party Bike Accident Claim

Litigating a third-party bicycle accident claim involves a series of steps designed to resolve the dispute and seek compensation for the injured cyclist. While many claims settle before going to trial, understanding the steps involved in litigation can help you prepare if your case heads to court.

• The first step in litigating a bike accident claim is filing a complaint. This is a legal document that outlines your case, including details about the accident, the injuries you sustained, and why the defendant (the person or entity being sued) is at fault. The complaint is filed in civil court, and the lawsuit is officially started. After filing, the defendant is “served” with the complaint, meaning they are formally notified that they are being sued.
• Next comes the discovery process, which allows both parties to gather evidence from each other. During discovery, both sides exchange documents, medical records, and other important information related to the accident. There are also depositions, where witnesses, including the bicycle accident victim (the plaintiff) and the defendant, are questioned under oath. Discovery is a critical phase, as it helps both sides build their cases.
• After discovery, there may be settlement negotiations. Many cases settle at this stage without the need for a trial. Both parties may attempt to resolve the dispute through negotiation or mediation, where a neutral third party helps facilitate a settlement. If an agreement is reached, the case ends with the injured cyclist receiving compensation. If the parties cannot agree on a settlement, the case proceeds to trial.
• The next step is pre-trial motions and hearings. Both sides may file motions asking the court to rule on certain issues before the trial begins. For example, a motion to dismiss may be filed if one party believes the case lacks legal merit. The judge will decide on these motions, which can sometimes resolve the case before trial.
• If the case does go to trial, both sides will present their arguments, evidence, and witness testimony to a judge or jury. The jury or judge then decides whether the defendant is liable and, if so, how much compensation should be awarded.
• Finally, after the trial, either party may file an appeal if they believe the court made a legal error during the case. The appeal goes to a higher court, which reviews the case to determine if the lower court’s decision should be upheld or overturned.

How Much is a Third-Party Bike Accident Claim or Lawsuit Worth?

The value of a third-party bike accident claim or lawsuit can vary greatly depending on the circumstances of the accident and the extent of the injuries involved. Several factors determine how much a bike accident is worth, including medical expenses, lost income, the severity of injuries, and the emotional effect on the injured cyclist. Injured bicyclists may recover compensation to cover their various financial and emotional losses.

• Often one of the most significant losses is for medical treatment costs. After a bike accident, medical bills can quickly add up, especially if the injuries are serious. Compensation can cover doctor visits, hospital stays, surgeries, physical therapy, and prescription medications. If the injuries require long-term care or rehabilitation, those costs may also be included in the settlement amount.
• Another recoverable damage is lost income. If a cyclist is unable to work due to their injuries, they can seek compensation for the income they lost while treating for their injuries. In more severe cases, where the injuries result in a permanent disability, the injured cyclist may be entitled to compensation for future lost earning potential. This compensation helps make up for the financial hardships resulting from their inability to return to work.
• In addition to medical bills and lost earnings, cyclists may also recover compensation for pain and suffering. This compensation is meant to cover the physical pain and emotional distress stemming from the accident. Pain and suffering can include chronic pain, anxiety, depression, and other psychological effects of the injury. In some cases, the effect of the injuries can last for years or even a lifetime, significantly lowering the cyclist’s quality of life.
• Property damage is another common area of compensation. Bicycles, helmets, and other gear can be expensive, and if they are damaged or destroyed in an accident, the injured party can seek compensation to repair or replace them.
• Finally, in rare cases where the driver’s actions were particularly reckless or intentional, a cyclist may be entitled to receive punitive damages. These damages are meant to punish the at-fault party and deter others from engaging in similar behavior. However, punitive damages are less common and are only awarded in extreme cases.

Contact a Skilled Bicycle Accident Lawyer Right Away

If you suffered injuries in a recent bicycle accident that a negligent driver caused, a skilled personal injury attorney can explore your third-party litigation options right away. Your lawyer may file a lawsuit on your behalf, negotiate a settlement with insurance company adjusters, or resolve your case at a trial or alternative dispute resolution proceeding. Your injury lawyer will do everything they can to maximize the compensation you recover so that you become whole again.

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