Cyclist Accidents: Who is to Blame?

Are you a cycling enthusiast? You may view this activity as a hobby, a workout routine, or just a means to get from point A to point B. Regardless of your opinion, the risk of cycling accidents cannot be overstated. 

In the global charts, the cyclist accidents occur quite frequently, affecting numerous people. Over ten deaths from cyclist accidents happen in an hour, and nearly 200 per day around the world.

As a cyclist, you are susceptible to numerous hazards and dangers on the roads. While you are riding the cycle, the possibility of you encountering an unfortunate cyclist accident with a motorised vehicle is not negligible.

So, being a cyclist on the road, you can face the perils of facing accidents, which can be life threatening.

The Florida Department of Highway Safety and Motor Vehicles reported 83 fatal bicycle crashes in 2021 alone. When accounting for the rate of fatalities per million people, Florida emerges as the state with the highest rates of bicycle death.

That being said, this short blog will dive into the concept of cyclist accidents under the lens of personal injury law. Keep scrolling to find out more. 

Reasons for Cyclist Accidents

Some common reasons for cyclist accidents include:

• The motorised vehicle disrupts the path of the cyclist by making some moves overlooking the safety of the cyclist.
• The cyclist ignores the traffic rules, which leads to an unfortunate incident of an accident.
• Riders do not take safety measures, like not wearing a helmet or safety braces to protect themself.
• Moreover, some children ride cycles on the road before the age of 18, which violates the traffic regulations.
• The traffic departments of the states do not implement proper rules and regulations for ensuring road safety and preventing cyclist accidents.

Other Causes of Bicycle Accidents

Think of an accident between a bicycle and a vehicle, who is likely to suffer more injury? Due to the sheer weight and size difference between the two-wheeler and four-wheeled machine, it would be the cyclist. 

In such a case, liability will depend on Florida’s negligence laws on top of the actions of all the parties involved in the crash. 

According to the National Highway Traffic Safety Administration (NHTSA), below are the factors that contribute to most bicycle crashes in the Sunshine State: 

• Intoxication.
• Distracted driving. 
• Flouting traffic rules. 
• Lack of traffic awareness.

Injuries incurred in a Cyclist Accident

When a cyclist encounters an accident, it can inflict serious injuries on the rider. Sometimes, these injuries can even lead to life-threatening situations.

Some of the common injuries inflicted upon the rider in a cycling accident are listed below:

• Commonly in cyclist accidents, the cyclist suffers from fractures and straining of the limbs.
• Lethal accidents can lead to the dislocation of the joints in the shoulders and knees.
• The cyclist suffers bruised muscles and scraping of skin.
• In extreme cases, the cyclist gets head and pelvic injuries that can cause serious brain damage.
• In some incidents, the spinal cord of the cyclist gets severely damaged, leading to the rider’s sudden paralysis.

These are just some common injuries incurred in the cyclist accidents, however, the real question is, who is to blame?

Cyclist Accident: Liability in Bicycle Accidents 

The chain of liability is straightforward in bicycle crashes, at least compared to other collisions like truck accidents. Most of the time, either the driver or the cyclist is blameworthy, sometimes even both. 

A driver is at fault when:

• They fail to give the right of way to the cyclists.
• Drivers are driving while being distracted. 
• They are speeding or driving recklessly.
• They fail to maintain a safe passing distance from the cyclist. 
• Drivers violate or ignore the traffic signals.

On the other hand, liability can shift to the rider in any of the following situations:

• When the cyclist deliberately violates traffic signs and signals.
• The cyclist is cycling in the wrong way. 
• The rider fails to use proper hand signals to indicate turns. 
• When the rider is distracted while cycling.
• Making sudden and unsafe lane changes or rash maneuvers. 
• When the cyclist is riding at night with insufficient lighting.

Sometimes, cyclist accidents can occur between cyclists and pedestrians, where the same rules of negligence can be applied. A pedestrian can be found liable if they are distracted or intoxicated when stepping into the cyclist’s path. 

What to Do if You Are Injured in a Cyclist Accident

Here is what you should do if you are involved in any type of cycling accident: 

Call 911

The first step is to dial 911 for immediate medical assistance. If you cannot do so, ask someone else to help you. 

You should seek proper medical treatment even when you don’t have any visible injuries. A thorough check-up will eliminate the possibility and risks of internal injuries that may take some time to show symptoms.

Gather Evidence

Take pictures of the scene, including any injuries you have sustained and damage to the vehicle and bicycle. 

A proper record of the incident and the scene would help you during trials and lawsuit cases for such accidents.

“Victims should avoid admitting fault, even when feeling guilty. Instead, they should calmly ask for the driver’s contact details,” says personal injury attorney Mitchell Feldman of Feldman Legal Group. 

Talk to an Attorney

If you are contemplating filing for compensation from the driver, contacting a personal injury attorney as early as possible is best. They can begin collecting evidence while it’s still fresh.

Your attorney will handle the more complex nitty-gritty of the case as you focus on recovery.

Our Advice for Cyclist Accidents

First and foremost, thoroughly examine your injuries and the scene of the accident. Then, check on the fellow driver or pedestrian.

After understanding the gravity of the situation, you can call for assistance or medical help.

But, remember to not be nervous or start panicking in such cases. Always stay informed about the dos-and-don’ts of these unfortunate situations.

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