Yes, you absolutely can sue someone for hitting you while you were riding your bicycle, and in many cases, you should. When a driver strikes a cyclist, the injuries are often severe because you have no protection against a multi-ton vehicle traveling at high speeds.
The medical bills pile up quickly, you might miss weeks or months of work, and your quality of life can be permanently affected. The person who caused your injuries should be held responsible for the consequences of their actions.
That’s exactly why you need a bicycle accident attorney who understands the unique challenges these cases present and knows how to fight for the compensation you deserve.
Understanding Your Rights as a Cyclist
As a cyclist, you have the same rights as other vehicles on the road. Drivers who fail to share the road safely can be held responsible for injuries and damages.
The law recognizes the unequal relationship between cars and bikes, and drivers have a heightened duty to avoid hitting cyclists. Specific laws protect cyclists, and violating these laws can strengthen your case.
However, exercising your rights can be challenging, as insurance companies and drivers often try to blame cyclists. A bicycle accident attorney can help protect your rights and hold drivers accountable.
Common Causes of Bicycle Accidents
Understanding how bicycle accidents typically happen can help explain why drivers are usually at fault and why your compensation case is likely strong. Most bike accidents occur because drivers simply don’t see cyclists or don’t take proper precautions to avoid hitting them.
One of the most dangerous situations for cyclists is when drivers turn right without checking for bikes in the bike lane or on the shoulder. The driver might see you in their mirrors but misjudge your speed or simply forget about you by the time they start their turn.
“Dooring” accidents happen when someone in a parked car opens their door into the path of an oncoming cyclist. These crashes can be devastating because you have no time to react or slow down before hitting the door.
Distracted driving is becoming an increasingly common cause of bicycle accidents. Drivers texting, talking on phones, or fiddling with GPS devices often don’t see cyclists until it’s too late to avoid a collision.
Some drivers are aggressive toward cyclists, passing too closely, honking, or trying to intimidate bikes off the road. This behavior is dangerous and can constitute intentional misconduct that strengthens your legal case.
The Severity of Bicycle Accident Injuries
Bicycle accidents often result in serious injuries that can affect you for the rest of your life. Unlike car occupants with airbags, seat belts, and metal frames protecting them, cyclists are completely exposed when vehicles hit them.
Head injuries are unfortunately common in bike accidents, even when cyclists are wearing helmets. Traumatic brain injuries can cause cognitive problems, memory loss, personality changes, and other issues that might not be immediately apparent but can permanently affect your ability to work and enjoy life.
Road rash might sound minor, but severe cases can require skin grafts and leave permanent scarring. These injuries are painful and can affect your self-confidence and quality of life long after the physical wounds heal.
Broken bones are common in bicycle accidents, particularly fractures of the arms, legs, and ribs. These injuries often require surgery, lengthy recovery periods, and physical therapy. Some fractures never heal properly, leaving you with chronic pain or limited mobility.
Spinal cord injuries from bicycle accidents can result in partial or complete paralysis. Even “minor” back injuries can cause chronic pain that affects every aspect of your daily life and your ability to work.
Why Insurance Companies Try to Blame Cyclists
Insurance companies have a financial incentive to deny or minimize bicycle accident claims, and they often do this by trying to blame the cyclist for the accident. They know many people have biased attitudes toward cyclists and might be more willing to believe the bike rider was at fault.
Common tactics include claiming the cyclist was riding too far into the roadway, not wearing bright enough clothing, or riding at night without proper lights. While cyclists should take reasonable safety precautions, the driver’s failure to see and avoid hitting you is usually the real cause of the accident.
The insurance company might argue that you were speeding on your bike or not following traffic laws. However, even if you made minor errors, the driver can still be held responsible if their actions were the primary cause of the collision.
Some insurers will try to use your lack of a helmet against you, arguing that your injuries would have been less severe if you’d been wearing one. While helmet use is smart, not wearing one doesn’t mean you caused the accident or that you don’t deserve compensation.
Building a Strong Case for Your Bicycle Accident
Proving fault in a bicycle accident requires gathering evidence that shows the driver’s negligence. Your lawyer will know what evidence to look for and how to preserve it.
Police reports can be important, but your attorney can investigate independently to uncover the truth. Witness statements, physical evidence, and video footage are crucial in reconstructing the accident and proving fault. Your attorney will know how to document and obtain this evidence before it’s lost or destroyed.
Medical Documentation and Your Injuries
Thorough medical documentation is essential for proving the extent of your injuries and their impact on your life. Insurance companies will look for any reason to minimize your injuries or argue that they’re not as serious as you claim.
Seek medical attention immediately after your accident, even if you don’t think you’re seriously hurt. Some injuries, particularly head injuries and internal trauma, might not show symptoms right away but can be life-threatening if not treated promptly.
Follow through with all recommended medical treatment, including physical therapy, specialist consultations, and follow-up appointments. Gaps in your medical treatment give insurance companies ammunition to argue that you weren’t really injured or that you’re not taking your recovery seriously.
Keep detailed records of how your injuries affect your daily life. A pain journal documenting your symptoms, limitations, and how the injuries impact your work and personal activities can be powerful evidence of your damages.
Don’t downplay your injuries or try to be tough when talking to doctors. Be completely honest about your pain levels, limitations, and concerns. Your medical records need to accurately reflect the full extent of your injuries.
When to File a Lawsuit
Most bicycle accident cases settle out of court, but sometimes, filing a lawsuit is necessary to get fair compensation. Your bicycle accident attorney will advise you on the best strategy for your situation.
If the insurance company refuses to make reasonable settlement offers or denies that their driver was at fault, a lawsuit might be your only option for getting the compensation you deserve.
The statute of limitations sets a deadline for filing personal injury lawsuits, and this deadline varies by state. Waiting too long can bar your claim entirely, regardless of how strong your case might be.
Filing a lawsuit doesn’t necessarily mean your case will go to trial. Often, the insurance company becomes more willing to negotiate once they see you’re serious about pursuing legal action.
Understanding Insurance Coverage
Bicycle accidents typically involve the driver’s auto insurance policy, which usually has much higher coverage limits than what you might expect. However, accessing this coverage isn’t always straightforward, especially when the insurance company is trying to minimize their payout.
Most auto insurance policies include bodily injury liability coverage that should pay for your medical expenses, lost income, and other damages when their insured driver hits you. The coverage amounts vary significantly, with some policies having limits as low as state minimums while others carry much higher limits.
Your auto insurance might also provide coverage through uninsured motorist protection, even though you were on a bicycle when the accident occurred. This coverage can be vital if the driver who hit you doesn’t have insurance or doesn’t have enough coverage to pay for your damages.
Some homeowner’s or renter’s insurance policies include personal liability coverage that might apply to bicycle accidents. Your bicycle accident lawyer can review all potential sources of coverage to maximize your compensation.
Don’t assume the insurance company will automatically tell you about all available coverage. They have no obligation to volunteer information that might increase what they have to pay you, so having legal representation ensures all coverage sources are identified and pursued.
Multiple Parties Might Be Responsible
While the driver who hit you is usually the primary person responsible for your injuries, other parties might also share liability depending on how the accident happened. Identifying all responsible parties can increase the total compensation available for your injuries.
If the driver was working when they hit you, their employer might be liable for your injuries through a legal principle called respondeat superior. This is particularly important because commercial insurance policies typically have much higher coverage limits than personal auto policies.
Government entities might be responsible if dangerous road conditions contributed to your accident. Poorly maintained roads, inadequate signage, or improperly designed intersections can all create hazards that make bicycle accidents more likely.
Vehicle manufacturers can be liable if mechanical failures like brake problems or steering defects contributed to the accident. These cases are complex but can result in significant compensation if defective products played a role in your injuries.
Construction companies working on or near roadways have the responsibility to maintain safe conditions for all traffic, including cyclists. The contractors might share liability if construction activities created hazards that contributed to your accident.
The Role of Defending Fault
Even if you made minor mistakes that contributed to the accident, you can still recover compensation in most states. Insurance companies often exaggerate cyclists’ faults to reduce their payouts. They might claim you were riding too fast, not wearing bright enough clothing, or not following traffic laws perfectly. A bicycle accident lawyer who understands these tactics protects you from unfair blame. They will fight to pursue fair compensation.
The key is that your actions must have actually contributed to causing the accident, not just made your injuries slightly worse. The insurance company can’t reduce your compensation just because you weren’t wearing a helmet if the helmet wouldn’t have prevented the type of injuries you suffered.
Why You Shouldn’t Handle This Alone
Bicycle accident cases involve complex legal issues, insurance coverage questions, and medical considerations that are difficult to navigate without professional help. The stakes are too high, and the opposition is too sophisticated to go it alone.
Insurance companies have teams of adjusters, investigators, and lawyers working to minimize what they pay you. Having a bicycle accident lawyer levels the playing field and ensures your rights are protected throughout the process.
The value of your bicycle accident case might be much higher than you realize. Medical expenses, lost income, pain and suffering, and future damages can add up to substantial amounts that justify professional legal representation.
Most bicycle accident attorneys work on contingency fee arrangements, meaning you don’t pay attorney fees unless you recover compensation. It allows you to get quality legal representation without upfront costs while you’re dealing with medical bills and lost income.
Taking Action to Protect Your Rights
The decisions you make after a bicycle accident can impact your compensation for years to come. Don’t let insurance companies pressure you into quick settlements that underestimate your injuries.
As an injured cyclist, you might have serious injuries and mounting medical bills. You have rights that deserve protection. The driver who hit you should be held accountable for their actions, and you shouldn’t bear the financial burden of their negligence.
Time is critical in bicycle accident cases – evidence disappears, and deadlines loom. Your injuries are real, and your suffering matters. By working with a skilled Kansas City personal injury lawyer, you’re taking an important step toward justice and securing the compensation you need to move forward.
A.J. Bruning
Founder
I was born and raised to represent individuals who have been needlessly injured. I mean that literally. At a young age my father would tell me about the clients he was representing. I would meet them and take pride in their admiration of my father. I always knew I wanted to be a lawyer and represent clients that needed my help.
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