Injured in a Bicycle Accident? Call us Today.
Over the years there has been an increase in those who bicycle as a form of exercise or recreation, and as an environmentally friendly way to commute to work. As such, there has also been an increase in the instances of bike-related accidents. According to the Maryland Department of Transportation (DOT), in 2016 alone there were eight-hundred and fifty-one (851) bicycle accidents in Maryland. Of these accidents, six-hundred and ninety-two (692) resulted in injuries to the bicyclists, and sixteen (16) resulted in a fatality. Unfortunately, a steady and substantial number of bicycle accidents continue to occur each year. In Maryland, cyclists share the same responsibility of obeying traffic signals and conditions as other motorists on the road. Cyclists must also abide by similar prohibitions while cycling that other motorists must abide by when driving. For instance, because bicycles are considered vehicles, cyclists are similarly prohibited from riding while under the influence of alcohol or controlled substances as they would be if driving a car. There are some regulations in place; however, which take into account the differences between a bicycle and a “traditional” vehicle. Such as, automobile motorists must yield the right of way and maintain three (3) feet of distance between their car and cyclists on the roads. The cyclist laws currently set in place are to both protect and hold cyclists responsible while traveling on the road.
Despite the laws in place, unfortunate and unexpected accidents occur. A bicycle accident can have a disastrous impact on the injured cyclist. In addition to physical injuries, which range from temporary to permanent, a bicycle accident involving serious injuries also means loss of wages, emotional and psychological trauma, pain and suffering, and continued medical expenses, among other losses. If you have been injured in a bike accident, the personal injury attorneys at Krum, Gergely, & Oates, LLC can help you obtain the compensation you deserve and to which you are entitled. Our experienced personal injury attorneys will file any claims necessary with the appropriate insurance carriers and will negotiate and litigate claims on your behalf.
Another party may be found to be liable for a bicycle accident under the theory of negligence if the following is proven:
• A duty of care was owed;
• This duty of care was breached;
• The breach of the duty of care proximately caused the loss or injury; and
• You suffered an actual loss or injury.
There may be many factors that lead to bicycle accidents. The most common factors which lead to accidents are the following:
- “Dooring” (when someone in a parked car opens the car door as the bicyclist cycles by the car)
- Motor vehicle not yielding the right-of-way to bicyclists
- Bicyclists in “blind spot” of motor vehicles
- Cycling under the influence of drugs or alcohol
- Unsafe road conditions
- Inclement weather
- Manufacturing or product defect in the bicycle
- Failure of motorists or cyclists or both to obey traffic-control devices
- Motor vehicles passing by bicyclists too closely
- Speeding motorists
- Motor vehicles changing lanes or turning too closely in front of bicyclists
There are affirmative steps that cyclists can take to ensure their safety on the road. For instance:
- Always wear a helmet and other protective gear
- Front-facing and rear-facing lights of the appropriate colors
- Loud functioning bell to alert of the presence
- Wear a reflective vest and other reflective gear
- Maintain a safe distance from other motorists
- Use of side mirrors on a bicycle
- Refrain from distractions such as music through headphone or earbuds while riding
- Do not text or dial while biking
- Use appropriate hand signals when making turns
The following are serious injuries sustained by cyclists involved in accidents:
- Traumatic Brain Injury
- Spinal Cord Injuries
- Road rash or abrasions
- Paralysis
- Amputation
You may be frustrated to learn that bicyclists may be found to be responsible for their injuries sustained while traveling by bike. The other party may be absolved of responsibility based on the bicyclists’ actions under a concept known as contributory negligence (meaning your own negligence also led to the injury). For instance, the bicyclist failed to use the appropriate turn signal. If there is a finding that you were contributorily negligent, you may be completely barred from getting any financial recovery. It is critical to have the representation of a lawyer with you to defeat any raised defenses.