There’s a feeling you get when riding a bike, whether it’s your only way to get around or if you’re just biking for recreation. You’re using the force of your own body to travel in a clean, efficient way. The wind blows past you as you get a healthy bit of a exercise.
Communities are making it easier than ever before to ride your bicycle.
But as with any means of transportation, accidents can happen. A motor vehicle could hit you while you’re on your bike, and because cyclists are more exposed to the elements, bicycle accidents can leave extensive injuries and expensive damage.
Bicycle accident attorneys at Zwillinger Wulkan have years of experience with accidents involving bicycles, and have successfully represented injured cyclists in cases against negligent drivers and insurance companies.
Frequently Asked Questions
There are two major types of bicycle accident lawsuits:
Neither the cyclist nor the driver will want to take responsibility for the accident. Determining liability and causation will depend on the evidence your attorney has collected and their ability to present it favorably. Some common discrepancies in bicycle accident cases involve determining who had the right of way, failed to exercise reasonable care, and violated traffic laws.
Successful bike accident lawsuits will show that:
- The opposing party failed to act in a reasonable manner and breached the duty motorists owe one another
- This breach caused the accident
- An injury was sustained in and caused by the accident
PRODUCT LIABILITY CLAIM
If a defect in the product contributed to the accident, you may have a claim against the manufacturer.
In a negligence claim against a product manufacturer, your attorney will have to show:
- The bicycle was being operated as the manufacturer intended
- The bicycle’s performance had not changed since its initial purchase
Successful “strict liability claims” will require proof that the defect originated in the manufacturing process and may require the testimony and analysis of experts.
There are several causes behind bicycle accidents, including:
- Failure to yield the right of way
- Failure to see bicyclists approaching an intersection
- Running into or backing over cyclists
- Failing to use turn signals
- Failure to leave sufficient space
- Running red lights or stop signs
- Dooring, or opening a car door without checking the mirror(s) for cyclists
- Failure to look both ways when turning or crossing an intersection
- Aggressive or reckless driving
- Driving under the influence (among bicyclist deaths, for example, 37% had alcohol involvement for either the motor vehicle or bicycle rider, according to the CDC).
Cases involving bicycle accidents can be as complex as traditional motor vehicle accident claims, so it is important to hire an experienced bicycle accident attorney to assist you following a crash.
To help recover compensation for your losses, our attorneys may:
- Gather witness statements
- Review police and accident reports
- Re-create the scene of the accident
- Inspect and document any damage to the bike
- Investigate the driving history of the alleged at-fault party
- Contact experts to analyze medical records and create reenactments of the accident to determine fault and causation
When necessary, our attorneys are prepared to take your case all the way to trial to get the compensation you truly deserve.