Bicycle Accidents: Recovering for Injuries

Bicycle accidents kill over 700 people a year in the U.S. Statistics from the National Highway Traffic Safety Administration (NHTSA) also show some 50,000 injured each year in bicycle accidents involving motor vehicles.

The Federal Highway Administration (FHA) confirms that approximately 33% of all bicycle accidents involving motor vehicles result in death or serious injury. With the large number of fatalities and injuries that result from bicycle injuries each year, the National Safety Council estimated that approximately $4 billion is lost each year due to compensation and other costs related to these accidents.

However, on a large scale bicycle accidents only make up 2% of all traffic deaths.

What Causes Bicycle Accidents?

Alcohol causes 35% of all bicycle crashes, whether on the part of the driver of the motor vehicle involved, or the bicyclist.

Unlike pedestrians, bicyclists must follow the rules of the road, riding in the roadway side by side with vehicles. Mixing bicycles with vehicles travelling at greater speed increases the risk for injury. Major types of bicycle accidents:

• Run off the road
• Cut off
• Side swiped
• Sun over – crushed

Bicycle accidents carry a high risk of serious injuries. Because bicycles lack the protection of seatbelts, airbags, and the protective metal body of a car, bicyclists are at a much higher risk of death from mishaps with cars, trucks or other vehicles. The resulting injuries tend to be extremely severe due either to speed, direct body contact with the vehicle, or both. Subsequent impact with pavement complicates matters.

The National Survey on Bicyclist and Pedestrian Attitudes and Behaviors of 2012 found that one third of all bicycle accidents were caused by bicyclists getting hit by motor vehicles. Often the motor vehicle operators who caused the accident escapes the accident scene unharmed, whereas the bicyclist often dies or is at least seriously injured.

Common Injuries in Bicycle Accidents

Most common injuries bicyclists sustain after being in a motor vehicle crash include brain injuries, wrist injuries, broken collar bones, broken ribs, neck injuries, lacerations, shattered bones, severed arteries, chest injuries, abdominal injuries, torso and spinal injuries. Unfortunately, after a bicyclist is hit, they are at a greater risk for lifelong residual injuries than those injured in motor vehicle accidents. Common residual injuries include a wide range of disabilities requiring lifelong medical treatment.

If a bicyclist is injured by a motor vehicle they may be able to receive compensation for injuries, lost wages, damages, expenses incurred, and other damages. If the bicyclist’s injuries were fatal, the family can file a claim for the wrongful death that occurred. However, before the injured bicyclist or the family who lost a loved one can file a claim to be compensated, they must first prove negligence, duty, and damages.

Recovering for Injuries after a Bicycle Accident

If the vehicle that struck the bicyclist admitted fault, made and illegal turn, or received a citation due to the accident, then negligence can be easy to prove. However, if not then the claimant must gather witness statements, police reports, surveillance video of the accident location, and any other relevant material to support the claim.

All motorists carry a duty to drive their vehicles with due care at all times. Bicyclists share that same duty. A successful claim requires a showing that the motorist who caused the injury breached this duty of due care. Motor vehicle negligence often involves speeding, driving in bike lanes, running stop signs and traffic lights, driving under the influence, and distracted driving such as texting.

Damages are most often proven with such documentation as medical records, photos, lost wage verification forms, and other documents. Photos and video often portray the accident scene either at the time of the accident or at some later time. Visual representations of any property damage also paint the picture of the accident.

Apportionment of Fault in Bicycle Accidents

Motorists are not always the sole cause of an accident when a bicyclist is injured. Bicyclists, too, have the capacity for negligent conduct. Bicyclists hold some or all fault for accidents when they disobey road rules such as riding the wrong way in a one-way roadway. Such fault can also include ignoring traffic lights, riding a bicycle under the influence, riding in restricted areas such as limited access highways, riding outside of provided bike lanes and failing to stop at stop signs.

When bicyclists ignore the traffic patterns and the road rules, they increase their risk of becoming injured. If an accident occurs, even if a vehicle hits the bicyclist, a percentage of fault can be attributed to the bicyclist. Depending on the facts and circumstances of the collision, where there is a proportion of fault on the part of both or all parties involved in an accident, the bicyclist may or may not able to pursue a claim, and may have any injury claim proportionately reduced under the law of comparative fault or contributory negligence.

Bicycles & Rules of the Road

Bicycle laws vary between states and local municipalities, but many bicycle laws that are common are widely criticized. Many feel that forcing bicyclists to ride in the lanes with vehicles puts them at great risk, and they would be much safer riding on the sidewalk amongst pedestrians. Not only is it illegal for bicyclists to ride on the sidewalk in many places, it endangers pedestrians. When bicycles must enter a roadway from a sidewalk, motorists may not see them approaching from the sidewalk, and may not be prepared when bicycles enter traffic which causes accidents.

Due to the relatively small size of bicycles motor vehicle operators often fail to be aware of bikes. The reduced visibility of bicycles in traffic translates into danger for the bicycle. It is especially dangerous for bicycles to ride next to large trucks such as tractor trailers, or buses, trolleys, firetrucks, ambulances, and other types of box trucks. Trucks, busses and other large vehicles fill city streets, making cities a high risk area for bicycles.

Avoiding Bicycle Accidents

70% of bicycle accidents occur in urban areas, the other 30% take place in rural areas. NHTSA numbers also show that over half of all bicycle accidents happen in intersections. So, cities in fact present a higher danger to bike riders, and the highest risk comes when going through intersections.

Safety defends on everyone on the roads. Those driving vehicles should provide ample space for bicyclists, slow down around bicycles and simply proceed fully aware of their surroundings at all times. Distractions like texting and chattering on the phone always present a risk while driving, but especially in the context of not observing potential bicycle traffic.

At the same time bicyclists can ensure their own safety by adhering to all rules of the road, using reflectors and lights at night, wearing a helmet at all times, riding as close to the shoulder of the road as possible, and being aware and attentive to all surroundings when on the roadways.

Sources:

Bicyclists and Other Cyclists, “Traffic Safety Facts”, National Highway and Traffic Safety Administration [2014 Data]

“Pedestrian and Bicyclist Crash Statistics”, Pedestrian and Bicycle Information Center.

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