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Bicycle Accidents

What should you do in the aftermath of a bicycle accident?

Insurance Coverage For Cyclists

A Cyclist who has been involved in an accident and endured some form of injury always has the right to make a claim. This is the case even when they are not insured at the time of the accident. The law offers cyclists who have been involved in an accident with a vehicle significant legal protection.

Every incident has unique features, but in general, a cyclist involved in a crash with a car can claim compensation in any one of the following ways:

By claiming against the car drivers insurance company;
By using their own car insurance, or the car of a family member
By using the motor vehicle accident claims fund.

How to Proceed in the Event of an Accident.

1. Take Notes

It is not the first thing people think of doing after a shocking accident. However, as soon as you regain calm it is a good idea to note down as many of the details as you can.

2. Find a lawyer

If you have decided that you are due some compensation for your injuries you should contact a lawyer. Dealing with insurance companies, police reports, witness testimonies, and various other legal details is complicated, time-consuming work and in many cases, it should be left with professionals to deal with.

3. Determine liability

Together with your lawyer, you will compile a case against the defendant. It will be your lawyer's job to prove the defendant liable for the accident and subsequent damages.

4. Get compensation

Once you have filed a successful negligence claim in court you will be due compensation for the agreed upon damages.

Deciding Negligence

Was a vehicle driver’s negligence responsible for the accident?
Was it the cyclist's negligence that contributed to the accident?

Driver’s Negligence

Any form of traffic violation from a vehicle driver that leads to an accident will be counted as evidence of negligence:

Speeding
Running a stop sign
drifting into a cycle lane

Cyclist’s Negligence

Common forms of cyclist negligence:

Riding the wrong way on a one-way street
Running a stop sign
Turning abruptly into traffic

Child Bicycle Accident Liability

The sad fact about bicycle-automobile accidents is that the majority of them involve children.

Drivers are expected to exercise an increased amount of care and caution when sharing the road with cyclists - especially if they are young. At the same time, it is considered reasonable for young cyclists to be less careful when they are sharing the road due to their inexperience. Both these factors are taken into consideration when determining child bicycle accident liability.

Areas Where Drivers are Expected to Show Extra Care:

In or around schools
Parks
School bus stops
Residential neighborhoods
Trailer parks
Any other place where children can be expected to play

Claim Types

Aside from bicycle-automobile accidents, there are several types of claim a cyclist may be forced to make in the wake of a bicycle accident. Here are a few common cyclist claims that don’t involve a vehicle.

1. Pothole Claim

As a road defect, a pothole is the responsibility of the local highway authority. Any pothole that has led to accident or injury may be successfully used to prove liability in a claim

2. Cycle Component Failure Claim

This is a common cause of bicycle accidents. It could be the result of faulty manufacturing or in proper installation, in either case, a claim could be made.

3. Sports Cycling Claim

It happens that professional sports cyclists are involved in accidents that seriously hinder their health and sometimes their career.

Get Your Pocket Sized Guide

Find law (R) have provided this excellent print out guide on the steps to follow in the case of an accident. Simply print it out and put it in your automobile.

Get Your Personal Injury Worksheets

Enjuris (tm) have developed these excellent worksheets to help you keep track of your injury costs following and accident.