Bicycle Accidents
Given the nation’s increasing attention to personal
health and the changing environment, it is no surprise
that bicycles are more popular than ever. However,
despite their reputation for providing good exercise and
green transportation, bicycles are not without their
drawbacks. Specifically, riders are at risk for very
serious injuries in the event of an accident.
Bicycle accidents fall into two primary categories:
those that involve automobiles and those that do not.
Both can be serious, although those involving a motor
vehicle tend to result in greater injury. Given the
circumstances surrounding an accident, a bicyclist may
have grounds for receiving damages from the party that
caused their injury.
Accidents with Automobiles
Although many cities are beginning to build special
lanes and paths for bicyclists, the majority of riders
find themselves sharing the roadway with
cars, trucks,
buses, and motorcycles. In most states, including
Missouri, bicycles are considered vehicles on the road.
Thus, bicyclists share the same rights and have the same
responsibilities as motorists.
As the smallest and least visible vehicle on the road,
bicycles are particularly vulnerable to today’s
distracted drivers. When the driver of an automobile is
not paying attention, any of the following can happen:
- The driver may turn directly in front of a moving
bicycle.
- The driver may neglect to allow adequate distance when
following or passing a bicycle.
- The driver may fail to stop or yield at a traffic
signal or stop sign.
- The driver may pull out of a driveway or parking lot
without looking both ways.
In all of these situations, the driver is failing to
follow the law and may be liable for damages incurred by
the bicyclist.
Based on the severity of the accident, a bicyclist may
be entitled to compensation from the driver and/or his
insurance company. This compensation may include damage
to the bicycle or other property, medical expenses, lost
wages, and pain and suffering. In the tragic event of a
fatal accident, the victim’s family or dependents may
have grounds for a wrongful death lawsuit.
Accidents Not Involving Automobiles
When an automobile is not involved, there is an
assumption that a bicyclist is responsible for any
accident that he or she may have. Although this is true
in many cases, liability may still come into play. When
a bicycle is improperly assembled or has defective
parts, for example, it may be possible to establish
negligence on the part of the manufacturer or retailer.
Determining who is at fault in a bicycle accident can be
complicated. Understanding the applicable laws and
knowing how to gather the right information is critical
in establishing a liability claim. If you have been
involved in such an accident that was due to the actions
of another person or to equipment failure, you should
seek legal advice as soon as possible. The attorneys of
Peterson & Associates have the experience and expertise
of the laws of Missouri and the surrounding Kansas City
Area.
If you or a love one has been a victim of a bicycle
injury due to another’s negligence, please don’t
hesitate to call Peterson & Associates. Our experienced
attorneys can be reached for a free consultation by
calling 816-LAW-FIRM, or by
clicking here to submit
online.
For more information:
Personal Injury FAQs
Car Accident FAQs
Personal
Injury Legal Glossary
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