Bicycle accidents can cause severe injuries as cyclists have little protection compared to those in cars. A collision can leave you facing many hurdles—physical pain, emotional stress, and financial strain.
In this situation, it’s easy to feel like you’re up against a system that doesn’t prioritize your needs, especially when dealing with insurance companies. They may try to downplay your injuries or offer a settlement that barely covers your expenses.
But know this: as a cyclist, you deserve the same respect and legal protection as everyone else on the road. If you’ve been injured, our West Virginia bicycle accident attorneys can help you take action to get your rightful compensation.
At Kaufman & McPherson, PLLC., we have worked with many individuals in West Virginia who have been in your shoes, and we know how to fight for your best interests.
Common Causes of Bicycle Accidents in West Virginia
Bicycle accidents happen for various reasons, often due to the negligence of others. Some common causes include:
- Distracted Driving: Motorists fail to pay attention to the road because of texting, talking on the phone, or other distractions.
- Failure to Yield: Drivers may not give cyclists the right of way at intersections or while making turns.
- Speeding: Excessive speed reduces a driver’s reaction times, increasing the risk of collisions.
- Poor Road Conditions: Potholes, gravel, and uneven surfaces are especially hazardous for cyclists.
- Driving Under the Influence: Impaired drivers are far more likely to cause serious accidents with cyclists.
Who Can Be Held Liable for a Bicycle Accident?
Liability in a bicycle accident can fall on several parties, depending on the circumstances. In most cases, the following individuals or entities may be held responsible:
- Drivers: A driver who fails to follow traffic laws, drives recklessly, or behaves negligently can be held accountable for the accident.
- Bicycle Manufacturers: Although less common, defective bicycle parts can also lead to accidents. If your brakes fail or a structural issue causes you to lose control, the manufacturer of the bike or its components could be held responsible.
- Pedestrians or Other Cyclists: Liability doesn’t always rest with drivers. Other cyclists or pedestrians can sometimes cause accidents by acting unpredictably or not following the rules of the road.
Steps to Take After a Bicycle Accident in West Virginia
After a bicycle accident, it’s essential to take the following steps to protect your rights and build a strong case in your favor:
Start by getting medical attention. Even if you don’t think you’re seriously injured, it’s important to get checked by a healthcare professional.
Then, call the police. Reporting the accident to the authorities creates an official record, which is important for insurance claims and potential legal action.
Next, gather evidence. Take pictures of the accident scene, your injuries, and any damage to your bicycle. Collect contact information from witnesses and the driver(s) involved.
All the while, avoiding admitting fault. Be careful about what you say at the scene. Even a simple apology can be misconstrued as admitting fault.
Finally, contact a lawyer. Contact a West Virginia bicycle accident lawyer immediately to protect your interests and increase your chances of receiving fair compensation.
The Role of Insurance in Bicycle Accident Claims
When you’re involved in a bicycle accident, insurance can quickly become a key player in how your recovery unfolds. If the bicycle accident involves a motor vehicle, the driver’s auto insurance is typically the first place to turn for compensation. Now, while this might sound straightforward, the reality of this can be quite different.
Insurance companies are businesses, and their primary aim is often to minimize payouts and protect their bottom line. This means they may attempt to downplay the severity of your injuries or argue that you were at fault for the accident.
If you find yourself speaking with insurance adjusters, remember that their questions are often designed to reduce their financial responsibility. They might seem friendly and sympathetic, but their ultimate goal is to gather information that can be used against your claim.
It’s best to speak with an experienced West Virginia bicycle accident lawyer before discussing details with insurance representatives. An attorney can help you navigate these conversations and ensure that your rights are protected at all times.
Seeking Compensation for Bicycle Accident Injuries
Victims of bicycle accidents may be entitled to different types of compensation, including:
- Medical Expenses: This includes current and future medical bills related to the accident.
- Pain and Suffering: These non-economic damages cover the emotional and physical toll of an accident.
- Lost Wages: You can seek this compensation if your injuries prevent you from working.
- Property Damage: You may be entitled to reimbursement for damage to your bicycle and any other personal property.
How to Prove Negligence in a Bicycle Accident Case
Proving negligence in a bicycle accident case can feel like assembling a complex puzzle. Each piece of evidence helps paint a clearer picture of what happened and who is at fault. Here’s how we approach it at Kaufman & McPherson, PLLC.
1. Show Duty of Care
Every driver on the road owes a duty of care to others, including cyclists. This means that motorists are expected to drive safely, follow traffic laws, and take reasonable precautions to avoid causing harm. When we handle a bicycle accident case, we first establish that the driver has a duty of care.
2. Prove That the Driver Breached Duty of Care
Perhaps they were speeding, running a red light, or distracted by their phone. Whatever the case, their behavior was reckless or careless and they violated the duty of care they owed you.
3. Evidence That Their Actions Led to Your Injuries
It’s not enough to prove negligence—we have to show that their actions directly caused the accident and your injuries. This can involve gathering evidence such as witness statements, police reports, and even traffic camera footage to connect their negligence to the crash.
4. Demonstrate That You Suffered Damages
Whether the damages are physical injuries, emotional trauma, medical bills, or lost wages, we need to highlight the damages you have suffered. Having all of the documentation to prove your damages will be crucial in this stage in proving the financial impact the accident has had on your life.
Contact an Experienced West Virginia Bicycle Accident Lawyer
Recovering from a bicycle accident can be a long and arduous process. As you focus on healing, dealing with the legal aspects of a case can feel overwhelming.
Our West Virginia bicycle accident attorneys understand what you’re going through, and we know that every person’s experience is unique. We take the time to understand all the details, investigate thoroughly, and develop a strategy that’s tailored to your situation.
Contact our West Virginia bicycle accident attorneys at 304-842-4300 for a free consultation.
