The Inherent Dangers of Cycling in America

Whether using a bike as a means of commuting or just to get physical activity, cycling should be a safe activity in America. Unfortunately, this is often far from the case. Negligent motorists and inadequate infrastructure lead to over 130,000 American cyclist injuries every year. So, what legal protections exist for bicycle accident victims in our country? Fortunately, there are many. However, this doesn't make up for the fact that cycling statistics show a devastating reality. Of course, some areas are worse than others. For instance, Texas consistently scores low on the ranking of states based on bicycle safety. Regardless of where you ride your bike, though, it's critical to understand the legal protections available to you.

Traffic Laws and Right of Way

Legislators across the country have increasingly taken notice of the disastrous statistics related to bicycle accidents. This has led to more bicycle-specific laws aimed at protecting cyclists. Of course, this isn't so much a legal protection — rather, these laws offer a certain level of safety. However, they also increase the number of legal protections available to bike accident victims. That's because personal injury law requires that someone be found liable in order for damages to be paid. In many cases, this means proving negligence or reckless acts. However, violating the law can also serve to establish liability in these cases. If a motorist breaks a law that protects cyclists, that action alone can be enough to justify legal damages.

Insurance Coverage

If someone is injured due to negligence while riding their bike, they typically have the option to file an insurance claim. This isn't the same as seeking damages in a lawsuit, but it typically still requires establishing the same facts. Put simply, an insurance carrier is unlikely to offer you a settlement if they don't believe their client can be proven liable in court. Fortunately, the legal options for bicycle accident victims are varied when it comes to insurance. Clearly, they can seek compensation from the at-fault party's insurer. However, it may be the case that the liable motorist fled the scene and is unknown. It's also possible that they don't have enough coverage for your losses. In these cases, your own insurance company might help. If you have uninsured or underinsured motorist coverage, your insurance provider could reimburse you for your losses. However, many people discover that their own insurers aren't necessarily on their side in these cases. Put simply, insurance companies want to pay as little as possible. That's why you should consider hiring a personal injury attorney.

Personal Injury Lawsuits

In some instances, securing a fair settlement will not be possible. Perhaps the at-fault party didn't have insurance coverage, or maybe their insurer is refusing to fairly compensate you. In these and other situations, it may be necessary to file a personal injury lawsuit. This is one of the most important legal tools available to bicycle accident victims. However, this option should not be taken lightly. These cases can be extremely stressful and time-consuming. This is why it's typically ideal to discuss this option with an attorney. They can try to negotiate a fair settlement, help you understand your chances at trial, and handle all the heavy lifting of litigation on your behalf. Civil lawsuits are one of the best protections available to bicycle accident victims. Not only do these cases offer the opportunity for compensation, but awarded damages often far exceed any potential settlement an insurer would offer.

Targeting Other Liable Parties

When someone is injured while riding a bicycle, their first thoughts typically focus on holding a motorist responsible. However, it may not always be the case that a driver is liable for injuries. For instance, what if a cyclist was thrown from their bike due to defective brakes? What if a pothole caused a driver to swerve into the bike lane? In these and many other situations, parties other than motor vehicle drivers may face liability. Multiple parties may even be at fault — such as the example of a driver swerving to avoid a pothole. In this case, the motorist certainly holds some level of liability. However, the government could also be at fault for failing to maintain its roads. The simple fact is that personal injury law is broad and complex. This can make it difficult to take advantage of the legal protections that exist for bike accident victims. And since claims of shared liability against the victim could reduce their compensation, it's always best to know exactly how to take advantage of the legal protections available.

How to Take Advantage of Your Legal Protections

The legal protections available for bicycle accident victims can vary based on the individual circumstances of their case. However, making the most of these protections requires one thing in all cases: understanding your rights. You simply cannot benefit from available legal protections if you don't know they exist, so it's critical that you become informed. Many people do this on their own. After all, suffering a serious injury often means staying home with nothing to do for months on end. It may also be the case that your loved one was injured in a bicycle accident — or even killed — and you're handling all their important legal matters. However, the most advisable course of action may be reaching out to an attorney. The legal professionals at a personal injury law firm can help you understand all the legal protections that exist for bicycle accident victims. At Gauthier & Maier Law Firm, P.C., our legal team is dedicated to helping injury victims seek justice. Contact us at 505-226-3205 to schedule your confidential consultation today.