Bicycling is more popular than ever. Not only is it great exercise, it’s also eco-friendly. Many cities now have designated bicycle lanes on major roads and thoroughfares. Campaigns promoting bicycle safety are in place in communities across the U.S. to educate cyclists and motorists about roadway safety and to ultimately reduce bicycle injuries and fatalities. But, with the increased use of bicycles as a mode of transportation, there has been a marked increase in accidents involving bicycles. If you have been injured in a bicycle accident, Edwin Shorty and Associates has the experience to advise you on your rights and legal options.
“Driver inattention is the leading factor in most crashes and near-crashes.”
–The National Highway Safety Administration and Virginia Tech Transportation Institute
Causes of Bicycle Accidents
– A distracted motorist/bicyclist – Sometimes motorists and cyclists have no control over a distraction, but that is not usually the case. In fact, motorists and cyclists often create their own distractions and many of the same things distract motorists and cyclists alike. Popular distractions include eating, applying makeup and shaving, texting, talking on the phone, operating equipment, and watching movies.
– A defective bicycle or safety equipment
– Bad roads; unsafe road conditions; unmarked road hazards – Many bicycle accidents could be avoided but for the poor condition of some streets and roadways. Groups like the National Cycling Charity say that 15% of the cases their legal department deals with are because of defective highways.
Damages and Compensation
If you or a family member were injured in a bicycle accident, it takes an experienced attorney to assess your situation and know what to do. At Edwin Shorty and Associates our attorneys’ number one priority is to determine who or what was responsible for the accident. Then we perform a thorough investigation and gather all the evidence that supports your claim. If the motorist is proven to be at fault, we fight to secure the proper compensation for you. Compensation would cover such things as:
Medical expenses
Damage to your bicycle
Loss of income
Rehabilitation expenses
Pain and suffering
Emotional trauma
“According to the National Highway and Transportation Safety Administration, “Bicycles on the roadway are, by law, vehicles with the same rights, and responsibilities as motorized vehicles.”
U.S. Bicycle Accident Statistics
726 bicyclists were killed in motor vehicle accidents in the U.S.
Nearly a third of all bicycle injuries occur when bicycles are struck by cars
There was an increase of 6.4 percent in bicycle fatalities between 2011 and 2012
69% of bicycle fatalities occurred in urban areas
Bicyclists ages 45-54 had the greatest fatality rate
Bicyclists ages 10-15 had the greatest injury rate
Alcohol involvement—either for the driver of a motor vehicle or the bicyclist—was reported in more than 37 percent of the traffic crashes that resulted in bicyclist fatalities
24% of bicyclists killed had blood alcohol concentrations of 0.08 g/dL or higher
Louisiana had 722 traffic fatalities in 2012. Of that number, 24 were bicyclists fatalities
The total cost of bicyclist injury and death in the U.S. is over $4 billion annually.
The above information was taken from information and reports by the National Highway and Traffic Safety Administration (NHTSA) for the year, 2012 and the National Safety Council
What to do if you are involved in a car-on-bike accident
Get contact information of driver and witnesses – This is accident protocol 101. If you are physically able after the accident, immediately exchange contact information with the other party and also get the names and contact information for any witnesses. This should be your first thought and action after the initial trauma of the accident passes.
Always call the police; get an official report – Perhaps your injuries seem minor so you don’t bother to call the police. Hours later those minor injuries begin to develop into more serious and even permanent injuries. By then, however, it’s probably too late to identify the at-fault driver.
Don’t negotiate with the at-fault motorist – Motorist might give inaccurate information. Sometimes motorists who are at fault will initially accept blame, but often later they will deny negligence, sometimes insisting that they weren’t even at the scene.
Don’t admit fault – Never admit fault, even if you think you were at fault. Let the police or proper authorities determine who is at fault
Don’t discuss your injuries or condition of your equipment –Don’t engage in conversation with the other driver about your injuries or damage to your equipment. Often, we minimize our injuries, not fully realizing the extent of those injuries. As well, what you think is just a fender bender turns into a costly repair or even totaling your bicycle.
Seek medical treatment – Treatment by a physician establishes not only proof of your injuries, but the extent of those injuries. Photograph your injuries and consider keeping a journal of your physical symptoms in the days and weeks following the accident.
Do not repair your bicycle – Take photos of all damaged equipment and accessories
Call an Experienced Attorney – Do not communicate or try to negotiate with the insurance company! Their job is to give you as little compensation as possible. You need an experienced attorney, who knows the law and will fight until you get what you rightfully deserve.
