Bicycle accident law is a complex area of personal injury law. Bicycle riders have the same rights and responsibilities as motorists, but some unique considerations apply to bike accidents. If you’ve been injured in a bike accident, it’s important to understand your rights and how the law applies to your case.
This post will overview some key issues in bicycle accident law. We’ll discuss the duties of care that apply to cyclists and motorists, common causes of bike accidents, and some of the unique legal issues that can arise in these cases.
What is Bicycle Accident Law?
When does a motorist, who is at fault, hit a cyclist? This question becomes significantly more complicated when state laws are taken into account. In this article, we will explore bicycle accident law and the various ways it can be applied.
Most states in the U.S. recognize a bicycle as a vehicle under their traffic laws. The remaining states consider bicycles to be “devices” or “machines” instead of vehicles, which can have serious ramifications for cyclists involved in accidents.
The Three Types of Bicycle-Vehicle Laws:
- The Primary Rule – This rule applies to states that recognize bicycles as vehicles. Under the primary rule, the cyclist has all the rights and responsibilities of any other driver on the road. It means they must obey all traffic signs and signals and yield to motorists when appropriate.
- The Protected Bike Lane Law – Also known as the Share the Road law, this rule applies to states that consider bicycles to be devices or machines instead of vehicles. Under this law, motorists are required to share the road with cyclists, but cyclists are not granted full vehicular rights like they are under the primary rule.
- The Secondary Rule – This rule applies to states that do not recognize bicycles as either vehicles or devices/machines. Under this rule, motorists are never legally required to share the road with cyclists (although many still do so out of courtesy). Cyclists also have no legal right to occupy part of a lane intended for automobiles and may be ticketed if they do so.
What happens if you are injured in a Bicycle Accident?
Seeking medical attention should be your priority after any accident, but it’s especially important if you’ve been involved in a bicycle accident. Bike accidents often result in serious injuries, and it’s important to get a thorough evaluation from a medical professional as soon as possible.
Once a doctor has seen you, you should contact a personal injury lawyer specializing in bicycle accident law. These lawyers will be able to help you understand your legal rights and options and can represent you in any negotiations or litigation that may be necessary to get you the compensation you deserve.
How to File a Bicycle Accident Claim?
If you’ve been involved in a bicycle accident, you may wonder how to file a claim. As stated above, the first step is contacting a personal injury lawyer specializing in bicycle accident law. These lawyers will be able to help you understand your legal rights and options and can represent you in any negotiations or litigation that may be necessary to get you the compensation you deserve.
The specifics of your claim will depend on the facts of your case and the laws of your state, but some general tips can help you get started. First, it’s important to gather as much evidence as possible. This can include photos of the accident scene, medical records, and eyewitness statements.
You should also keep track of any expenses related to the accident, such as medical bills, property damage, and lost wages. Once you have all this information, you or your lawyer can file a claim.
Contact and Visit Us At San Gabriel Valley Personal Injury Lawyers
No one ever plans on being injured in an accident, but if it happens, you need to know your legal rights. The personal injury lawyers at San Gabriel Valley are here to help you, from filing your claim to getting the compensation you deserve.
We specialize in all types of injury cases, including bicycle accident law. Our team has the experience and knowledge to get you the best possible outcome in your case.
Contact us today at (626) 602-9483 to schedule a free consultation if you’ve been injured in a bicycle accident. We’ll review your case and help you understand your legal options.