The Ultimate Guide to Bicycle Accidents: Safety, Claims, and Settlements
Ocala residents are connoisseurs of adventurous exploration, as the city is home to several scenic bike trails. Its network of trails and pathways is highly popular among cyclists who love to engage in recreational biking and commuting. Ocala has also expanded its cycling infrastructure recently to create a more bike-friendly city. Nonetheless, accidents can be expected when there is an influx of traffic in this major population center.
Cycling offers well-known physical health advantages, whether for transportation or recreational purposes. However, it doesn’t come without its downside – risk to personal safety. Like motorists, cyclists have rights on the road. Unfortunately, many motorists ignore these rights, exposing cyclists to fatal accidents. If you have been injured on the road, the best action after getting medical attention is to hire a Ocala, FL, bicycle accident lawyer to help you file for restitution. Meanwhile, the following section dives into everything you need to know about accidents that impact bikers.
Types of Bicycle Accident Injuries
Bicycle accidents are avoidable, subject to all road users’ understanding and respect of traffic laws. However, due to the limited nature of protection for cyclists, bicycle accident injuries tend to be severe. These injuries may include:
- Traumatic brain injuries
- Head and spinal injuries
- Fractured bones
- Minor injuries, such as cuts, bruises, and scrapes
- Psychological issues often attract non-economic damages. Such issues may include stress and anxiety.
How to Avoid Bicycle Accidents and Injuries
- Wear a federally-approved bike helmet at all times
- Wear bright clothing or reflector jackets when riding at night
- Avoid congested highways when biking
- Respect the right of way for pedestrians
- Follow all traffic signs
- Avoid distractions such as noise-canceling headphones while biking
- Use proper hand signals when stopping, changing lanes, or turning.
Who is At Fault for My Bicycle Accident?
Determining liability in a bicycle accident depends on multiple factors. All road users are mandated to abide by all traffic rules and regulations. A bicycle accident lawyer can help prove and assign blame correctly if, to a larger extent and degree, the other party is liable for the bicycle accident.
Drivers, truckers, and other motorists are mostly at fault for most bike accidents due to negligent driving. Below are the key issues considered when determining who is at fault for your bicycle accident.
- Was the cyclist or motorist negligent?
- Did the cyclist or motorist’s negligence directly result in the accident? If so, the negligent party is liable for damages and injuries.
- Did road or infrastructural conditions, as well as weather conditions, contribute to the bicycle accident? Road users should exercise caution and avoid speeding in poor weather conditions.
You can also determine fault using eyewitness testimonies, police reports, or adjacent cameras.
Legal Options to File Claims After a Bicycle Accident in Ocala
As a bicycle accident victim, you have various legal options to file a claim for compensation, including:
- Your health insurer must pay for medical costs from treating any injury or health conditions.
- Your auto insurer. If you have an auto insurance company with a personal injury protection policy, you can file a compensation claim, even if you were on the bicycle at the time of the accident.
- The at-fault driver and their insurer. The at-fault driver will usually refer you to their insurance companies. Dealing with the at-fault driver’s insurance company can be an uphill task.
- The at-fault driver’s employer. Under the doctrine of vicarious liability, you can file a claim for compensation from the at-fault driver’s employer if their negligence caused the accident while on duty.
- Bicycle manufacturer. If the accident’s cause is bicycle defects due to the manufacturer’s negligence, a personal injury lawyer can prove liability and seek damages.
- The government. You could file a claim for compensation against the government if the bicycle accident resulted from poor road conditions and infrastructure.
How Much Can I Expect from a Bicycle Accident Settlement?
Determining the exact amount of compensation often depends on the multiple elements of the accident, such as the severity of injuries and loss of earnings. Determining the exact value you will get from a bike accident settlement can take time. Work with an experienced personal injury lawyer to get a relatively accurate estimation or evaluation of your claim.