Bicycle accidents cause serious and potentially irreversible injuries. Every motorist has the obligation to obey traffic laws and take reasonable steps to avoid striking bicyclists. When they negligently fail to do so, the victim has the right to take legal action and seek monetary damages.
However, winning the compensation you deserve means going up against the negligent driver’s insurance company and lawyers. Who can you count on to advocate for you after being in a bicycle accident in southern Missouri? Turn to Privette Law Office.
Common Causes of Bicycle Accidents
Understanding why an accident happens is the first step towards proving negligence and winning compensation. These are a few of the most common reasons for bicycle accidents:
- Drivers not paying attention: Distracted driving is a serious problem, with major culprits being cell phone use and talking to passengers. Anything that takes a driver’s focus away from safely operating their vehicle is a distraction.
- Speeding: When drivers speed, it’s more difficult for them to spot bicyclists and slow down to avoid hitting them. Because speeding is against the law, it is a strong indication of negligence.
- Driving under the influence: It’s illegal to drive under the influence of drugs or alcohol. Doing so can delay reaction times and make it more difficult for a driver to see and slow down for a bicyclist.
- Dooring: “Dooring” is the act of a driver or passenger opening a car door without first checking to see if a bicyclist is approaching. The result can be a serious and potentially fatal crash into the vehicle’s door.
- Failure to yield: Every driver has a legal obligation to yield in accordance with southern Missouri’s traffic laws. A driver who fails to yield to a bicyclist, for instance at an intersection or while making a turn, can cause a wreck.
- Running a red light or stop sign: Everyone who uses the state’s roads must fully stop for red lights and stop signs. Running either of these will increase the likelihood of a fatal bicyclist accident.
- Bad weather and environmental conditions: Rain, fog, and other forms of inclement weather make it less safe to drive and more difficult to see bicyclists. The same is true when driving at night or without adequate lighting.
What Rights Do Bicyclists Have in Southern Missouri?
Bicycles are considered vehicles under Missouri’s traffic laws, so bicyclists are subject to the same rules that govern the operation of motor vehicles. For instance, bicyclists must obey traffic signs and signals, ride in the same direction as traffic, and yield to pedestrians. They are generally allowed on all southern Missouri roads, except interstate highways.
If a road has a bicycle lane, a bicyclist must use it unless it’s not safe. When a bicyclist leaves a bike lane, they must first check for traffic and use appropriate signaling to merge back into traffic. Drivers must yield to bicyclists when entering a bike lane.
Steps to Take After Being in a Bicycle Accident
If you were in a bicycle accident in southern Missouri, the steps you take next are critical to protecting your health and your rights. We suggest that you do the following:
- Call 911 and seek immediate medical attention: Calling law enforcement is critical to documenting the accident. Even if you don’t believe you were injured, see a doctor right away for a medical opinion.
- Identify any witnesses to the accident: If anyone witnessed the accident, get their names and identifying information. These individuals may have recorded the accident on a dash cam or smartphone.
- Take pictures of the accident scene and your injuries: Take pictures and record video of the accident scene, including the damage done to your bicycle. Do the same concerning your injuries so you can document them.
- Speak with an experienced bicycle accident lawyer: Your attorney can help investigate the accident, identify who was at fault, and obtain other evidence to help your case. Your lawyer can also assist with filing an insurance claim.
How Insurance Works in Your Bicycle Accident Case
Under Missouri’s fault-based insurance system, anyone who causes a bicycle accident must pay for the victim’s damages. This means the injured bicyclist can file a claim against the responsible driver. However, dealing with the insurance company can be a complicated process.
Insurers know that you are probably stressed after being in an accident and that you might be more willing to accept an unreasonably low settlement offer. They may ask you questions designed to trick you into “admitting” fault even if you didn’t cause the crash. Before speaking with the insurance company, it is strongly suggested that you retain a lawyer.
Contact Our Southern Missouri Bicycle Accident Attorney
Bicycle accidents are serious, and victims deserve serious legal representation. To learn more about your rights and options, give Privette Law Office a call. You can call or connect with us online today.
Frequently Asked Questions About Bicycle Accidents
What kinds of damages can I ask for in a legal claim?
Depending on the facts in your case, you may be able to seek compensation for medical bills (including future ones you are likely to incur), lost wages, decreased earning capacity, pain and suffering, and more. Your attorney will thoroughly investigate your losses stemming from the accident and fight for the damages you deserve.
What if I am partially to blame for the accident?
If it’s determined that you were partially negligent in causing the accident, for instance by failing to observe traffic signals, the court may assign a percentage of fault to you. Your recoverable compensation will then be reduced by this percentage. For example, if you would have recovered $100,000 but are determined to be 20% at fault, your total damages will be lowered by 20% ($20,000), netting $80,000.
Can I still recover compensation after a hit and run accident?
Although a bicyclist’s car insurance typically does not cover them in the event of an accident, it’s possible that you have additional coverage like MedPay which can compensate you. Homeowners’ and renters’ insurance policies sometimes pay for damages to bicycles, and health insurance may pay for your injuries (but probably not the damage to your bicycle). Our firm will work hard to locate the at-fault driver and explore all insurance coverage options.
Is there a time limit to file my claim?
In southern Missouri, a bicycle accident victim must file their claim within five years or they will not be able to recover anything. However, you should take action long before this deadline, known as the statute of limitations, passes. Otherwise it is harder to track down witnesses and obtain evidence.