When people drive in carelessly, they may inadvertently strike a bicycle, causing the cyclist to fall on the ground and suffer debilitating injuries. In these situations, injured cyclists can recover compensation.
The amount of time that it takes to resolve a bicycle accident case, either through settlement or litigation, will depend on various case-specific factors. These factors may include the extent of the bicyclist’s medical treatment, the severity of their injuries, and the jurisdiction where the bicycle accident happened.
A skilled Fort Lauderdale bicycle accident attorney can handle every step of your case and pursue the compensation that you need for your injuries and losses.
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Common Causes of Bicycle Collisions
Bicycle accidents often occur due to driver negligence. The following are some frequent ways that driver negligence leads to these accidents:
- Failure to Yield — One of the most common causes of bicycle accidents is drivers failing to yield the right-of-way. This often happens at intersections or when making turns. For instance, a driver may turn right on red without checking for cyclists coming from behind or on the side, thereby leading to collisions. Cyclists are particularly vulnerable at intersections where drivers may not notice them due to their smaller size and less conspicuous presence.
- Distracted Driving — Drivers who text, talk on the phone, or are otherwise distracted are less likely to notice cyclists on the road. This lack of attention can cause drivers to drift into bike lanes or miss seeing cyclists altogether, increasing the risk of an accident. Distracted driving reduces the driver’s ability to react quickly and appropriately to the presence of a bicycle.
- Speeding — Excessive speed decreases the amount of time a driver has to react to unexpected obstacles, including bicycles. When drivers exceed the speed limit, their ability to stop quickly or maneuver safely around cyclists is compromised. High speeds can also result in more severe accidents, making any collision with a bicycle particularly dangerous.
- Poor Lane Changes — Changing lanes without proper signaling or checking blind spots can be hazardous for cyclists. Drivers who do not use their turn signals or check their mirrors may inadvertently merge into a bike lane or cut off a cyclist. This can force the cyclist to swerve or stop suddenly, thereby leading to accidents.
- Impaired Driving — Driving under the influence of alcohol or drugs impairs a driver’s judgment, coordination, and reaction time. Impaired drivers are less likely to notice cyclists, adhere to traffic laws, or respond appropriately in critical situations. This can lead to collisions that may otherwise be avoidable if the driver were sober.
- Failure to Observe Traffic Laws — Drivers who do not obey traffic signals and signs can pose a significant danger to cyclists. Running red lights, disregarding stop signs, and ignoring yield signs can lead to dangerous encounters between vehicles and bicycles.
How to Prove Third-party Negligence in a Bicycle Accident Case
To prove the legal elements of negligence in a bicycle accident case that a driver causes, you must establish four key elements: duty of care, breach of duty, causation, and damages. Here’s a breakdown of how these elements apply:
- Duty of Care — The first step is to show that the driver owed a duty of care to the cyclist. In general, all drivers have a legal duty to drive safely and to be mindful of other road users, including cyclists. This duty means drivers should follow traffic laws, avoid distractions, and stay alert to prevent accidents.
- Breach of Duty — Once you have established that the driver owed a duty of care, you need to prove that they breached this duty. A breach occurs when a driver fails to act as a reasonably careful driver would in the same situation. For example, if a driver was speeding, not using their turn signals, or texting while driving, these actions may constitute a breach of duty. Evidence such as traffic tickets, witness statements, or video footage can help demonstrate that the driver did not meet the expected standard of care.
- Causation — After proving a breach of duty, you must show that this breach directly caused the bicycle accident. This involves linking the driver’s actions to the accident and the cyclist’s injuries. For instance, if the driver’s failure to yield led to a collision with the cyclist, and this collision caused the cyclist’s injuries, this establishes causation. To prove causation, you may use evidence like accident reports, expert testimony, or medical records to show that the driver’s negligence was the primary cause of the accident.
- Damages — Finally, you need to prove that the cyclist suffered damages as a result of the accident. Damages refer to the harm or losses the cyclist experienced, such as physical injuries, property damage, medical expenses, lost income, or pain and suffering. Evidence to support this element includes medical records, repair bills, and documentation of lost income.
Collecting and presenting clear evidence for each of these elements is crucial in building a strong bicycle accident case.
Injuries and Medical Treatment Following a Bicycle Accident
After a bicycle accident due to driver negligence, cyclists can suffer from a range of injuries, some of which may require extensive medical treatment. Here are the most common injuries and the medical care they may require:
- Fractures and Broken Bones — Cyclists often experience fractures or broken bones, especially in the arms, legs, and collarbone. These injuries occur when the cyclist falls or is thrown from their bike. Treatment usually involves immobilization with casts or splints, and in more severe cases, surgery may be required to realign and stabilize the bones with plates or screws.
- Head Injuries — Even with a helmet, cyclists can suffer from concussions, skull fractures, or traumatic brain injuries (TBIs). Head injuries can vary in severity and may cause symptoms like headaches, dizziness, and memory problems. Treatment typically includes rest, monitoring for worsening symptoms, and, in some cases, hospitalization for severe brain injuries.
- Spinal Injuries — Damage to the spine can occur if a cyclist lands on their back or experiences a high-impact collision. Spinal injuries may result in pain, limited movement, or even paralysis. Immediate treatment often involves immobilization to prevent further injury, followed by diagnostic imaging like X-rays or MRIs. Long-term treatment can include physical therapy and, in severe cases, surgery.
- Soft Tissue Injuries — These include sprains, strains, and tears of muscles, ligaments, and tendons. Such injuries often occur from the sudden impact or twisting motion during the accident. Treatment usually involves rest, ice, compression, elevation (RICE), and sometimes physical therapy to aid recovery and restore function.
- Road Rash — When a cyclist skids across the pavement, they can suffer from road rash, which involves abrasions and skin damage. Treatment for road rash includes cleaning the wounds, applying antibiotic ointments, and covering them with sterile dressings to prevent infection. Severe cases may require more intensive wound care and, in some cases, skin grafts.
- Internal Injuries — Accidents can sometimes cause injuries to internal organs, such as the liver, spleen, or lungs. These injuries may not be immediately visible but can be life-threatening. Medical evaluation and imaging are necessary to diagnose and treat internal injuries, which may involve surgery and monitoring in a hospital setting.
Common Factors That Affect the Length of a Bike Accident Claim
The length of a bicycle accident claim can vary based on several key factors. Understanding these factors can help manage expectations and navigate the legal process more effectively.
- Severity of Injuries — The extent and seriousness of the cyclist’s injuries play a significant role in determining how long a claim may take. Severe injuries, such as fractures or head trauma, often require extensive medical treatment and time to heal. This can lead to a longer claims process due to the need to document and assess medical records and recovery progress thoroughly.
- Complexity of the Accident — The complexity of the accident itself can affect the length of the claim. For example, if the accident involves multiple parties, such as other vehicles or pedestrians, it may take longer to investigate and determine liability. Complex cases may require more detailed evidence and coordination between different insurance companies or legal teams.
- Insurance Company Processes — Each insurance company has its own procedures for handling claims. The efficiency and responsiveness of the insurance companies involved can affect the claim’s duration. Delays can occur if the insurance companies need additional information, conduct lengthy investigations, or if there are disputes about the extent of liability.
- Gathering Evidence — The process of collecting and compiling evidence, such as accident reports, medical records, witness statements, and photographs, can influence how long a claim takes. If evidence is difficult to obtain or if there are disputes about the evidence, the claim process may take longer.
- Negotiation and Settlement — Negotiations between the parties involved can also affect the length of the claim. Reaching a fair settlement can be time-consuming, especially if there are disagreements about the terms or if one party is not cooperating. Settlement discussions may take time as each side evaluates the evidence and negotiates terms.
- Legal Procedures — If the case progresses to litigation, this can significantly lengthen the claim process. Legal procedures, including filing lawsuits, court appearances, and trial preparation, can add months or even years to the overall duration of the claim. The complexity of the legal arguments and the court’s schedule also plays a role in how long the case will take.
- Recovery Time — The length of time required for the cyclist to recover from their injuries can influence the duration of the claim. Claims often settle after the injured party has reached maximum medical improvement, which can be a lengthy process depending on the severity of the injuries.
Recoverable Third-party Damages in a Bicycle Accident Claim
In a third-party bicycle accident claim or lawsuit, an accident victim can recover several damages, which compensate for losses directly resulting from the accident. Common losses include the following:
- Medical Expenses — This includes the cost of all medical care related to the accident. It covers hospital bills, doctor visits, emergency room charges, surgeries, physical therapy, prescription medications, and any future medical costs needed for ongoing treatment or rehabilitation.
- Lost Earnings — If the bike accident causes the victim to miss time from work, they may be entitled to recover the earnings they lost. This includes not only income or salary but also any lost benefits, such as retirement contributions or bonuses. To claim these damages, the victim typically needs to provide proof of their earnings and the amount of time they were unable to work.
- Future Earnings — In cases where the victim’s injuries result in long-term or permanent disability, they may be entitled to compensation for future lost earnings. This calculation involves estimating the victim’s potential future income and how the injuries will affect their ability to work and earn money over time.
- Pain and Suffering — This type of damage compensates for physical discomfort and emotional suffering, such as anxiety, depression, or loss of life enjoyment. Pain and suffering damages are more subjective and are usually assessed based upon the severity of the injuries and their repercussions on the victim’s quality of life.
- Loss of Consortium —The victim’s spouse or family members claim this type of damage. It compensates for the loss of companionship, support, and relationships that result from the victim’s injuries. Loss of consortium recognizes how the victim’s inability to participate in family life affects their loved ones.
- Property Damage — If the accident causes damage to the victim’s personal property, such as their bicycle or other belongings, they may be entitled to compensation for repairs or replacement. This also includes any associated costs, like towing or storage fees.
- Out-of-pocket Damages — These are costs that insurance does not cover, which directly resulted from the accident. This may include transportation to medical appointments, home modifications to accommodate disabilities, or any other incidental expenses related to the accident and recovery.
Recovering these damages helps the victim address the financial effects of the accident and return to their normal life as closely as possible.
Speak with a Knowledgeable Bicycle Accident Lawyer About Your Case Today
Upon suffering injuries in a bicycle accident, a knowledgeable Fort Lauderdale personal injury attorney can be invaluable. Your lawyer will swiftly evaluate the circumstances surrounding your accident, determine your options, and pursue the financial recovery you need to become whole again.