Cycling Accidents

One of the major causes and reasons for cycling accidents is cyclists getting struck by an automobile. The cyclist or motor vehicle driver could be at fault when a cycling accident occurs. However, it is mostly the person in the car that takes direct responsibility.

Here are some causes of cycling accidents:

Distracted Driving

As a driver, when driving, you must have all your attention focused on the road. But unfortunately, drivers often have their attention fixated on something other than the road.

Even glancing at your phone or having a conversation with a passenger can pose a serious risk to other road users. Also, a distracted driver will not notice a cyclist sharing the road. As a result, they might get into a head-on or rear-end collision with the cyclist.

Dooring Accidents

Dooring accidents occur when a driver parks and leaves the car door open along the road. Most times, cyclists travelling at full speed may not have time to react before crashing into the open car door.
For this kind of accident, the fault is not automatic, and getting compensated can be challenging. This is because the other party may argue that you could have watched out and taken necessary precautions to prevent the crash.

Road Hazards

Road hazards such as cobblestone streets, sewer grates, and potholes may be harmless to vehicles but very dangerous to cyclists. This is because bicycles have thin tires and lesser stability compared to automobiles which make it easier for cyclists to lose control and get involved in an accident.
Suing for damages when involved in an accident caused by road hazards can be challenging. You must first identify the proper party to sue; if it is a government agency, it gets more tricky. Our panel of legal experts at Claims Bible can help you in such a situation.

Injuries sustained in cycling accidents

Aside from the above, cycling accidents sometimes happen when cyclists swerve into objects or animals, fall, or hit something on the road. However, whatever the cause of the crash, you will likely suffer an injury. The severity of the wound depends on the place of impact, force, and speed.

Where the injury is very severe, the cyclist could have paralysis, requiring life-long medical care. In other cases, the person might die.

All road users, including cyclists, are obligated to obey every rule of the road. In addition, they must exercise a duty of care, meaning they must not create events that would lead to a crash.

When a person fails to uphold the duty of care and an accident occurs, they will be held liable. However, the breach of the duty of care is not enough to prove liability. Under the negligence rules, you must establish how the breached duty caused the crash.

This means that even if there was a breach of duty, you can’t claim the other party is liable if it was not the proximate cause of the accident. You must also show that the accident resulted in damages for which you deserve compensation. This follows the equity doctrine that there must be a wrong for an aggrieved party to receive a remedy.

The compensation available after a cycling accident is classified as economic and non-economic damages. Economic or special damages cover financial losses and expenses from the accident, while non-economic or general damages compensate for losses without a monetary value.

When broken down, you get the following:

• Medical bills
• Lost wages
• Property damages
• Physical disability
• Out-of-pocket expenses
• Pain and suffering
• Mental anguish/emotional distress
• Loss of consortium
• Loss of enjoyment of life, etc.

There are different avenues for recovering compensation; you can file your claim against more than one party. The following are those who can write you a settlement cheque after a cycling accident:

Your Health Insurer

Do you have health insurance? If you do and are involved in a cycling accident, your health insurance should pay your medical bills.

Although, your health insurer will not cover other losses, such as lost wages. So, if you are pursuing a claim and want to recover additional damages from the at-fault party, your health insurer can also try to recover the money spent on your medical treatment.

The At-Fault Party’s Employer

If the driver that caused your accident was working at that time, a legal doctrine called vicarious liability allows you to file a claim against the driver’s employer. Under this doctrine, employees are termed ‘agents’ of their employers, especially while on their official work duties. Therefore, the employer can be held responsible if the employee causes any harm while working due to negligence.