Why Should You Hire a Bicycle Accident Attorney?

Did you get knocked off your bike and injure your wrist because of a malfunctioning bike? You're not alone. Every year, over 45,000 Americans suffer an injury related to bike accidents, according to the National Highway Traffic Safety Administration. You're probably thinking, "Should I get a lawyer for my bicycle crash?" Absolutely! If you are a victim of someone else’s negligence, which, in this case, could be the bike manufacturer, you have the right to file for compensation. 

Having a bicycle accident attorney by your side is the best way to fight against negligent drivers, insurance companies, and other at-fault parties. Accident attorneys have the specialized knowledge to navigate the world of personal injury and can get you the best compensation for your injuries.

Benefits of hiring a bicycle accident attorney

Most injured bicyclists lack experience with the legal system or accident claims process. It’s a maze of complicated and fine-print wording, strict deadlines, and lots of paperwork. 

A bike accident lawyer can do the following: 

• File a police report. They can get the process started on your behalf.
• Negotiate with insurance companies for fair settlement. Companies are notorious for acting in bad faith and presenting low-ball offers. 
• Provide objective legal advice. Bike injury lawyers know bicycle law and the legal rights of bicycle riders. They will objectively assess your case and highlight any drawbacks that could compromise your position. 
• Build an iron-clad case against the liable party. Most accidents aren’t clear-cut, and it takes a skilled bicycle lawyer to build a case to prove negligence. 
• Effectively calculate damages. Even minor injuries can have long-term repercussions. Bicycle accident attorneys know how to value your injury and pain correctly. 
• Fight for full compensation. Their experience in negotiations and trials can give you the compensation you deserve. 

Bicycle attorneys ensure you receive fair compensation

Even swerving off a bike lane can cause significant injuries like internal organ damage or jaw fracture, sidelining you for weeks. Valuing injuries during recovery is difficult, and long-term damages can be overlooked.

A bicycle accident attorney puts their years of experience to calculate the maximum compensation you can legally receive. This is usually the trickiest part of the claims process, and it’s best to let the experts handle it. 

What financial compensation can I receive after a bike accident? 

If you are a victim of a bike accident where it wasn’t your fault—say a driver ran into you because he was speeding—you may be entitled to the following economic and non-economic damages:

• Current and future medical and healthcare expenses like doctors’ fees, tests, medicine bills, and physical therapy
• Physical property damage for items like bikes, helmets, and cellphones 
• Lost wages for the time you missed work due to doctor’s appointments and recovery
• Loss of earning potential applies if you are fired due to missed work or are permanently unable to work
• Loss of enjoyment of life if the injury stops you from participating in physical and mental activities and compromises your quality of life 
• Pain and suffering for the mental pain and anguish
• Consortium damages if the accident leads to loss of affection or companionship
• Wrongful death damages allow dependents or estate representatives of the deceased to claim funeral expenses or loss of financial support if the cyclist was the breadwinner
• Mental and emotional conditions like post-traumatic stress disorder (PTSD), anxiety, and depression
• Punitive damages if you can prove the other party acted maliciously 
• Replacement services if you require permanent help to perform daily activities

What is the average bicycle accident settlement amount?

It’s difficult to put an average settlement figure to a bicycle accident, but it could be anywhere from a few thousand to millions of dollars. Multiple factors influence the final settlement, including severity of injuries, long-term impact, loss of wages, cause of the accident, coverage of insurance, and strength of evidence. Two bike riders who encountered the same bike accident could get different settlements because they sustained different injuries.  

You can expect a higher settlement if you have suffered a significant injury. A bicycle attorney can give you a fair estimate of how much compensation you can demand. 

Attorneys know local bicycle laws

Bike law is complicated and subjected to state and local regulations. A bicycle crash attorney has an in-depth understanding of these traffic laws, bicycle safety laws, and a cyclist’s rights. 

There are common rules that apply across all states. Like any other driver, a bike rider must follow the rules of the road. For example, bicyclists must pass on the left and yield the right of way to pedestrians. Here are some more examples of laws that could apply to a bike crash. 

Do drivers have to give space to cyclists?

Cyclists, like other drivers, have the right to an entire lane. However, each state has a different rule regarding how much space motor vehicle drivers must give a cyclist while passing them. 

Is it mandatory to wear a helmet while cycling? 

There are no state laws requiring adults to wear helmets, but some local laws/ordinances do mandate it. For example, Chicago requires delivery cyclists and messengers to wear helmets. Plus, some law firms might argue that your head injuries occurred because you were not wearing a helmet. This can decrease your compensation amount. 

Do I have to make a mandatory stop at stop signs? 

The majority of states require cyclists to stop at every stop sign. However, few states have adopted the “Idaho stop,” which allows cyclists to interpret red lights as a yield if there is no oncoming traffic or pedestrians. 

Do bicyclists have to use designated bike lanes?

If designated bike lanes are available, cyclists must use them. However, bike riders can move out of the bike lane for passing or making a turn.

A bicycle accident lawyer can provide legal strategies and advice to help you obtain the best possible outcome. They will also be able to explain if you stand to recover damages if you are partially at fault.

An attorney can investigate your accident 

Timely action and securing the proper evidence are vital to proving who is accountable and facilitating fair compensation. But, evidence gathering is a lengthy and time-consuming process. If you are injured and recovering, you might not be able to document evidence to support your claim. 

An experienced attorney can immediately step in to preserve important evidence and build a watertight personal injury case. 

Bicycle accident lawyers, for instance, can do the following: 

• Visit the bicycle crash site
• Take photos of the crash scene and relevant physical and property damages
• Locate any video surveillance
• Preserve any GPS data
• Identify and interview eyewitnesses 
• Review police records 
• Look at weather logs 
• Gather medical records (X-rays, doctor’s notes, and medical bills)
• Work with accident reconstruction specialists

Can you win a bicycle case without a lawyer? 

Of course, it’s possible. But in most bike crashes, filing a claim without a lawyer puts you at a disadvantage from the get-go. There’s no substitute for experience and knowledge of the law in the intricate world of personal injury. 

If you’re unsure whether you should represent yourself in court, consult one of LegalZoom’s personal injury experts. Over the consultation call, they will learn about your case, explain the damages you’re entitled to, and provide a customized plan to proceed so you get the best possible remuneration. 

How do I find the best bike accident attorney? 

You can find a reliable bicycle attorney by asking for referrals. If you’ve used a lawyer for a different legal matter, like a prenuptial agreement, ask them who they recommend. Another option is to use LegalZoom's personal injury attorney directory to connect with a network of vetted and independent bicycle accident attorneys. You can read about the lawyer’s experience representing cyclists and read client testimonials from the convenience of your home. 

Interview bike lawyers to find your match

A quick Google or online directory search will yield multiple results, but just because someone sits at the top of the list doesn’t mean they are the right fit. You’ll need to do a bit of digging. In fact, many bicycle attorneys offer a free case evaluation that can help you assess their skill set. 

During the free consultation, ask the following questions to determine whether you have the most capable lawyer for your case. 

• How long have you been practicing? Experience is of invaluable importance in any injury case. Find a lawyer with sufficient experience (even in trial). 
• What’s your experience with representing injured cyclists? Not all accident attorneys are equal. You want one who knows the ins and outs of bike law and has dealt with a variety of bicycle accidents.
• How will you handle my case? Let them give you insight into the strategies they’ll use to negotiate with the insurance company and explain how long they think your case will take. 
• What is your billing rate? Many bike crash attorneys work on a contingency basis and don’t charge a dime until they settle your case. Ask them what percentage they’ll take from the settlement amount. 

FAQs

How long do I have to file a bicycle accident claim? 

The statute of limitations (how long you have to file a lawsuit after your crash) is typically between one to three years, but this can vary state to state. 

What happens if I hit a cyclist? 

First, check on the injured cyclist and call for medical treatment. Next, exchange contact and insurance information. It's your legal duty to report the accident to the police.