Bicycle Accident Personal Injury Lawyer

Personal Injury and Bicycle Accidents: What You Need to Know

Bicycling is a great way to get around Memphis, especially with the new investments in bike trails. But as a bicycle accident personal injury lawyer and a former cyclist myself, I’ve learned firsthand how much can go wrong.

If you’ve been injured in a bicycle accident caused by someone else, you may be entitled to compensation. Here’s what you need to know about personal injury law and bicycle accidents.

Common Causes of Bicycle Accidents

Bicycle accidents often happen because drivers fail to share the road responsibly. Some of the most common causes include:

• Driver negligence, like distracted driving, speeding, or not yielding to cyclists at intersections.
• Dooring incidents, or when a driver or passenger opens a car door into a cyclist’s path without looking.
• Poor road conditions, like potholes, debris, or poorly-marked bike lanes.
• Driving under the influence.
• Cyclist visibility issues (sometimes drivers claim they didn’t see a cyclist because of poor lighting or lack of reflective gear).

Identifying the cause of the accident is crucial to building a strong personal injury case.

Common Injuries in Bicycle Accidents

Bicycle accidents often result in serious injuries because cyclists have such little protection compared to drivers in vehicles. In fact, cycling is considered one of the most dangerous sports in the world.

Common injuries include:

• Traumatic brain injuries (TBIs)
• Broken bones and fractures
• Spinal cord injuries
• Road rash and lacerations
• Internal injuries
• Soft tissue damage

When these accidents happen, the fallout can last months or years and even be fatal. These injuries can lead to expensive medical bills, long recovery periods, and significant emotional distress.

So the question becomes, “If I was in a bicycle accident that wasn’t my fault, who pays?”

Who Is Liable for Bicycle Accidents?

Liability in a bicycle accident depends on the circumstances.

If the accident was caused by a driver’s negligence, they can be held liable. This is the most common situation for cyclists who crash because of someone else’s behavior.

However, sometimes a defect in the bicycle may have caused the accident. In these rarer cases, the manufacturer could be held accountable.

And lastly, if unsafe road conditions or a lack of proper signage contributed to the accident, the city or county might be responsible. Bear in mind, though, that in these cases the city has certain legal protections.

Any of these examples can get extremely complicated. An experienced bicycle accident personal injury lawyer can investigate the accident and identify who is at fault. That’s where we come in.

What If There’s Shared Fault? A Case Study

Sometimes, both the cyclist and the driver share fault. This is called comparative fault, and in my home state of Tennessee, this would mean the two parties share the costs.

That said, this doesn’t mean you should give up or assume you won’t win anything. And one of our recent cases shows why:

We represented a client in a bicycle personal injury case. He got hit by a car, and the driver arrogantly blamed the cyclist (our client). This happens far too often, as drivers don’t always think cyclists have a legal right to share the road.

It was actually a pretty clear-cut case. We felt confident we could win it. So when the driver’s insurance refused to settle for a fair amount, we took it to court.

Our attorney won at jury trial, even as the jury found our client was 10% at fault. That means he received 10% less than he would otherwise. But that was still far more than they’d originally offered – in fact, he won over $100,000.

We ultimately won our client so much more than the original settlement offer that we were able to petition the court and have the other side pay a portion of the court costs. This saved our client an additional $7,000.

Comparative fault is meant to protect both sides in the case of a complicated accident – but you should always have an attorney working for you who can keep it from being misused. 

Documenting the Accident

If you’re involved in a bicycle accident, here’s what you should do to protect your rights and build a strong case:

At the scene, you or someone you’re with should always call the police if you’re able. A police report can serve as valuable evidence in your case. Next, document what happened. Take photos of the accident, your injuries, and the vehicles involved.

Get contact and insurance details from the driver, as well as contact information from any witnesses.

Avoid admitting fault. A lot of people feel tempted to apologize in moments of high intensity, even if the other person was to blame. For the sake of your case,  just stick to the facts when speaking to the police and others.

You should also always get medical attention. Even if you feel fine, some injuries may not show symptoms immediately.

And lastly, consult with a bicycle accident personal injury lawyer. They can help you navigate the legal process and fight for fair compensation.

Speak with a Bicycle Accident Personal Injury Lawyer Today

Bicycle accident cases can be complex, and often the drivers will refuse to take any fault. Insurance companies fight these cases hard, and you should be supported while you focus on healing from the crash.

Our Memphis bicycle accident personal injury lawyers:

• Investigate the accident and gather evidence
• Handle communications with insurance companies
• Calculate the full value of your claim, including all your future medical needs
• Represent you in negotiations or in court if necessary, and
• Communicate with you every step of the way

What’s more, we don’t win anything unless and until we win your case.

Your compensation could cover all of your medical expenses, lost income, pain and suffering, and property damage. It’s meant to help you recover and get back some sense of normalcy.

If you’ve been injured in a bicycle accident in Memphis, don’t wait—reach out to our personal injury lawyers today to discuss your case for free. Just call us at 901-327-2100 or contact us online.