- Can I Still File a Claim if I was Responsible for the Accident?
Bicycle accidents have been on the rise recently, often with devastating outcomes. Studies have analyzed the causes and severity of these incidents, revealing alarming insights.
Key Statistics:
In 2022, Insurance Institute for Highway Safety (IIHS) estimates a total of 1,084 bicycle deaths, this value has increased by 75% since 2010. To put this number into context:
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A small cruise ship’s capacity: Many mid-sized cruise ships accommodate around 1,000-3,000 people. So, this number represents over half the capacity of a small cruise liner, enough to make an impact in any community or industry.
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A high school stadium crowd: Many high school stadiums hold between 5,000 and 10,000 fans. Imagine 1,084 seats filled with people, representing the lives lost, in a Friday night game setting.
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A neighborhood block: Smaller suburban neighborhoods or residential blocks often contain around 1,000-2,000 residents, making this equivalent to losing everyone in a tight-knit, familiar community.
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A medium-sized company’s workforce: Some small companies or startups have around 1,000 employees. In terms of human impact, it’s like losing the staff of an entire office.
According to National Highway Traffic Safety Administration(NHTSA), in 2021 most bicycle deaths occurred in urban setting (85%), non-intersections (62%), and during dark conditions or without artificial lighting (56%).
The NHTSA estimate 45,400 bicyclist accident yearly.
Speeding and other driver negligence are leading factors to bicylist death.
Learn more about bicycle statistics.
What Causes Bicycle Accidents?
Bicyclist accidents happen for various reasons, often due to driver negligence, road conditions, or the actions of cyclists themselves. Common causes include:
- Distracted Driving
- Speeding
- Failing to Yield
- Poor Visibility
- Intoxicated Driving or Cycling
Learn more about driving tips to avoid accidents.
Types of Bicycle Accidents
Bicycle accidents vary depending on factors like location, road conditions, and driver behavior. Common types include:
- Intersection Accidents: Bicyclists are especially vulnerable at intersections when drivers turn or run red lights.
- Dooring Incidents: A common urban accident where drivers or passengers open car doors into a bicyclist’s path.
- Rear-End Collisions: Drivers not paying attention may rear-end a bicyclist, especially in slower traffic or congested areas.
- Sidewalk Collisions: Drivers might veer onto sidewalks or bike lanes, endangering cyclists.
- Hit-and-Run Incidents: Some drivers flee the scene after hitting a bicyclist, complicating claims and recovery efforts.
What Should You Do After a Bicycle Accident?
- Check for Injuries & Call 911: Seek immediate medical help and ask for the police to create an official report.
- Exchange Information: Get the driver’s contact and insurance details, and provide your information as well.
- Document the Scene: Capture photos of the accident scene, any visible injuries, and other important evidence.
- Seek Medical Attention: Even if injuries are not apparent, get a medical checkup; some injuries show symptoms later.
- Consult a Bicycle Accident Lawyer: To understand your rights and pursue a claim, consider consulting a lawyer with bicycle accident experience.
Deadline for Filing a Bicycle Accident Claim
Filing deadlines for bicycle accident claims vary by state. For instance, in Georgia, there is typically a two-year statute of limitations for such cases. Missing this deadline can prevent you from obtaining compensation. Key exceptions include:
- Claims Against Government Entities: In many cases, these must be filed within six months.
- Wrongful Death Claims: The time limit starts from the date of death rather than the accident itself.
- Minors and Incapacitated Persons: The two-year period often starts when minors turn 18 or when incapacitated individuals regain capacity.
Timing is crucial. The longer you wait, the harder it can be to gather evidence, locate witnesses, and strengthen your case. At 770Goodlaw, we encourage victims to contact an attorney as soon as possible to improve their chances of success.
Am I At Fault For the Accident?
Determining fault in a bicycle accident depends on several factors. Typically, drivers are expected to watch for bicyclists, but cyclists also have responsibilities on the road. Some factors that could indicate fault include:
- Cyclist’s Actions: If you were riding against traffic, ignoring traffic signals, or swerving unpredictably, you could share some fault.
- Driver’s Actions: If the driver was speeding, distracted, or failed to yield, they may be partially or fully at fault.
- Shared Fault: In some cases, both the cyclist and driver may share fault. For instance, if the cyclist was in a bike lane but not following traffic lights and the driver was speeding, both may be held responsible to some degree.
To assess fault accurately, it’s essential to examine details like witness statements, traffic camera footage, and police reports. Get help from a attorney to professionally confirm fault.
Can I Still File a Claim if I was Responsible for the Accident?
Yes, in many cases, you can still file a claim even if you were partially at fault for an accident, depending on your state’s laws. In comparative negligence states, your compensation may be reduced based on your percentage of fault; for example, if you were 30% at fault, your award would be reduced by 30%. However, in states with modified comparative negligence, you may only recover damages if your fault is below a certain threshold (usually 50% or 51%). Contributory negligence states are more restrictive, as even slight fault (1%) may bar you from recovering damages.
Personal injury protection (PIP) or medical payments coverage can still help with medical costs regardless of fault. Consulting an attorney can clarify how your state’s rules impact your claim.
What Damages Can I Recover if I File a Accident Claim?
When filing a claim, you may recover damages for medical expenses, lost wages, and property damage. Compensation can also cover pain and suffering, loss of consortium, and punitive damages for reckless behavior by the at-fault driver. The specific damages available depend on injury severity, fault, and state laws, so consulting a personal injury attorney is essential to maximize your compensation.
How Much is My Bicycle Accident Claim Worth?
The amount a claim is worth depends on a variety of factors. Use this calculator to determine your future claim’s possible settlement.
When Do I Need an Attorney?
Whenever an accident occurs, bicyclists suffer. Insurance companies are stringent in giving out compensation. As such, to maximize your profit (compensation) gained, and minimize your losses (medical payments and property repair) after an accident, always call a attorney after any accident.
770Goodlaw Accident Lawyers Can Help
Our team of experienced bicycle accident lawyers is ready to help you assess your case and fight for the compensation you deserve. Don’t let the negligence of others dictate your future—let us be your advocate in this challenging time.
