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Bicycling is an extremely popular activity in the Northwest and all around the U.S., with more than 54 million people riding a bike at least once in 2022. These cyclists rely on bike infrastructure to navigate roads safely and avoid bicycle accidents.
However, bike infrastructure can vary, with some places providing dedicated bike lanes on roads and paved trails. In other cities, cyclists have to share the road with cars. This can lead to added risk of injury or even death. In 2021, 1,230 cyclists were killed in bike accidents and 299,944 suffered non-fatal injuries as a result of collisions or falls.
Drivers have to take reasonable steps to give cyclists space on shared roads and avoid collisions. These vehicle operators may be negligent if they fail to drive reasonably and cause a bike accident as a result.
Here’s a look at the legal protections and requirements cyclists should know before they get behind the handlebars.
Rights and Protections
Bike laws vary by state. However, most states have a similar set of rules that define responsibilities for cyclists, drivers, and other road users.
For instance, in Oregon, drivers generally are required to move over and provide enough space when passing cyclists riding in the same direction such that if the bicyclist should fall into the driver’s lane of traffic, the bicyclist would not be struck by the vehicle. The car shouldn’t pass if it can’t provide sufficient space.
If you are on a bike and using the roadway, you need to follow all relevant traffic signs and signals. States may also outline bicycle rules such as yielding to pedestrians, signaling turns, and using lights at night or during poor visibility.
It’s your responsibility as a cyclist to learn your legal rights and requirements. Understanding these factors can help you decide which steps to take to assign liability if you’re involved in a bike accident.
Determining Liability and Negligence
Someone is liable for an accident if their actions caused the incident to happen. If everyone involved is partially to blame for an accident, they would share liability.
Negligence is when someone doesn’t act with a reasonable level of care for others. For instance, a driver might ignore a crosswalk sign or red light.
You need to follow four specific steps to prove negligence in a bike accident:
- The others involved owed you a duty of care. On roads, drivers’ and cyclists’ duties are to follow traffic laws and not drive recklessly.
- Someone breached the duty of care. In accident cases, you need to prove someone was reckless or didn’t follow the rules of the road.
- The reckless or illegal actions caused the accident. For instance, a driver’s speed or inattention caused them to hit your bike.
- The incident caused damage to you or your property. You must show that the accident caused your injuries.
All four of these factors need to be present for a negligence claim.
Negotiations With Insurance Companies
Most drivers have auto insurance that includes liability coverage. In Oregon, all drivers need to have liability coverage. Because of this, drivers don’t pay for personal injury claims out of their pocket. Instead, their insurance pays these costs.
This means you will have to negotiate with insurance companies. Here are some tips for handling this process:
- Bring evidence. A police report or witness statements can help establish negligence.
- Keep a record of communications with insurers.
- Talk to a lawyer before giving recorded statements.
Insurance companies often have lawyers on staff to offer legal advice during the settlement process. It’s advantageous to hire a lawyer to help negotiate on your behalf as you pursue a fair settlement.
What Steps To Take After an Accident
As you can see, evidence and documentation are important for pursuing a settlement. You can start collecting it as soon as you ensure your safety and tend to any others involved in the accident.
Here are the post-accident steps you should take:
- Move to a safe place on the side of the road if you are able.
- Check yourself and others for injuries.
- Call first responders and the police.
- Collect insurance and ID information from others involved.
You should also have a medical exam to document the extent of your injuries.
How To Create a Strong Case
You can work with a bicycle accident lawyer to build a strong case by taking these steps before starting negotiations.
- Support settlement amounts with evidence. Use lost wages, doctor’s exam notes, and medical bills to prove damages.
- Look for similar cases. A lawyer can help research similar cases in your state and use them to argue for a similar settlement.
- Don’t share information online. Some insurers or defense lawyers may look at social media feeds to disprove your damage claims.
A strong case is important. Oregon has a comparative negligence law. Insurers or defense lawyers could try to limit settlements by trying to prove you were partly at fault for the accident.
Common Injuries
Your case will revolve around injuries, treatment costs, and short- and long-term limitations due to health damage. Here are some of the most common injuries you might suffer in a bicycle accident:
- Head injuries are common (though helmets can lower the risk of brain injury).
- Internal injuries, such as punctured organs or broken ribs, can be hard to notice at first. You typically need a full medical exam.
- Muscle or ligament injuries can take months to heal. Ligament tears in your knees or shoulders could require surgery and months of rehabilitation.
Catastrophic injuries, such as spinal cord fractures, can lead to permanent limitations or disabilities. Such injuries can lead to larger settlements because you may need lifelong care and specialized equipment. Severe damage can also keep you from working, leading to compensation for years of lost wages.
How Bicycle Accident Injury Compensation Is Calculated
Your settlement can cover several different types of expenses and damages. Here is a look at the areas potentially covered by a settlement:
- Medical expenses for care and recovery after the accident;
- Income lost from missed during recovery;
- Repair or replacement for a damaged bicycle;
- Lifelong limitations due to severe injuries.
The severity of injuries can affect the amount of the settlement.
If You Were Hit By a Car on a Bike, Can You Receive a Settlement?
There are a few instances when a vehicle could cause an accident through negligent actions that don’t involve a collision.
For instance, a driver could cut you off in traffic, forcing you to swerve into another vehicle or leave the road. Or, fluid could be leaking out of a vehicle, causing you to skid and lose control. Drivers or passengers opening doors can also cause you to swerve into traffic.
These events could qualify you for compensation if the other party meets the four requirements for proving negligence.
Can Cyclists Claim Compensation if They’re Hit on a Sidewalk?
Cyclists can seek a settlement if they were hit on the sidewalk provided they can prove negligence. However, there are several factors to consider. For instance, in some downtown areas, it’s illegal to ride bikes on sidewalks.
If you use sidewalks, you need to follow pedestrian rules, such as using crosswalks and giving pedestrians the right of way.
With an understanding of your legal rights as a bicyclist, you can seek compensation if someone acted negligently and injured you or damaged your bike.