Bike accident lawyers are lawyers who specialize in cases that involve bicycle accidents. These types of accidents fall under personal injury law.
There are numerous serious injuries and, in some cases, fatalities, which may result from bicycle accidents, especially when they involve automobiles. As more individuals use bicycles as their means of transportation, the number of bicycle accidents increases.
Although bicycles do not travel as fast as other types of moving vehicles, bicycle accidents may be more dangerous and may result in more serious injuries because of the lack of protection that the bicycle rider has when riding. Bicycle accidents may be caused in a number of different ways.
For example, motorized vehicles may run into an individual on a bicycle on the road or a pedestrian may force an individual on a bicycle into oncoming traffic in order to avoid hitting them. Bicycle accidents may also occur when individuals ride on property where a dangerous condition exists, for example, a hidden pothole on a paved bicycle path in a park.
In some instances, locations which are maintained by cities or municipalities may be held liable for dangerous conditions which are not repaired. The statistics of the number of bicycle accidents which occur can be alarming.
The National Highway Traffic Safety Administration, The National Safety Council, and the Center for Disease Control provide the following statistics:
- In 2020, of the 1,260 bicyclists who died, 806 died from motor vehicle crashes and 454 died from other types of incidents;
- 69% happened in urban areas;
- 30% happened between 4 pm and 8 pm, the peak time for individuals commuting between home and work, including many bicycle riders;
- In 2020, there were 425,910 injuries associated with bicycles and bicycle accessories treated in emergency departments;
- The cumulative cost of deaths and injuries of cyclists exceeds $4 billion per year; and
- In 2012, the most frequent cause of bicycle accidents was cars hitting bicycles.
It is important to note that wearing a bicycle helmet reduces the risk of head injuries by 60% and brain injuries by 58%.
What are Mountain Bike Accidents?
A mountain bike is a bicycle which is designed for off-road purposes and is often used on trails, hills, and mountainous terrains. These types of bicycles have various features which allow a rider to handle rougher terrain, for example, shock-absorbing frame features and larger tires.
Mountain biking may be considered an extreme sport, especially if the track or course involves particularly rugged or difficult terrain. As a result, accidents and injuries may be associated with mountain biking, including:
- Falls from heights;
- An individual striking their head or body against rock surfaces;
- Collisions with other bikers, especially in a race or group event; and
- Collisions with off-road vehicles.
One of the main dangers of mountain biking accidents is that an accident may occur in a secluded area, leaving the cyclist injured in the same location for a period of time prior to being discovered. This issue may compound the individual’s injuries and make their recovery more difficult.
Who Can be Held Liable for a Mountain Biking Injury or Accident?
A mountain biking injury may be traced to various cases. In addition, many parties may be held liable for injuries, depending upon the facts of the case.
In the majority of cases, liability may be based upon legal theories such as recklessness or negligence. For example, if another individual or rider disregards the safety rules for the area or biking course.
Because of these issues, liable parties may include:
- Other riders;
- Pedestrians;
- Vehicle drivers; and
- Other individuals present in the area.
In some cases, an injury or accident may be attributable to a defect with the bicycle, for example, defective brakes or a structural defect with the mountain bike. In these types of cases, a manufacturer of the bicycle may be held liable for an accident or injury.
In addition, liability for an injury may be linked to a failure of other sporting equipment besides the bicycle itself, for example, a bicycle helmet. In certain cases, cities or municipalities may also be held liable for biking injuries, for example, if the injury was caused by an unaddressed road hazard.
Are There any Legal Remedies for a Mountain Biking Accident Claim?
A mountain bike accident may lead to serious injuries, including:
- Head injuries;
- Neck injuries; and
- Spine injuries.
These types of injuries may lead to legal action if another party caused the injury. Remedies in these types of lawsuits may include an award of monetary damages to provide them with compensation for their losses.
The losses may include:
- Hospital bills;
- Loss of earning income; and
- Other related expenses.
In certain cases, a legal issue which affects many different individuals may result in a recall or in a class action lawsuit.
What are Some Other Issues Related to Bicycle Accidents?
If an individual sustains serious injuries as a result of a mountain biking accident, they may want to file a personal injury claim. A plaintiff, or injured party, may receive compensation for physical and mental injuries.
Physical injuries may involve injuries to parts of the body, such as limbs. Mental injuries may include emotional pain and anguish suffered as a result of the accident.
It is important to note that an individual’s injuries may not necessarily appear immediately and may, instead, develop over time. In some cases, accidents are intentional and, in other cases, they are unintentional.
An unintentional injury is often the result of an individual’s negligence. In these cases, a lawsuit may be filed based upon the defendant’s negligent behavior.
Automobile and bicycle accidents are often considered to be negligence cases. If a plaintiff successfully demonstrates that the defendant is liable for their injuries may be entitled to compensatory damages, as noted above.
Mountain bike accidents may result in serious injuries to a cyclist. In cases involving automobiles, the driver’s insurance company may attempt to settle with the cyclist for the smallest amount possible.
What Should I Do If I Have an Accident?
If an individual frequently uses a bicycle for transportation or recreation, it is important to be aware of what steps to take if an accident occurs. If an individual has an accident, they should obtain the contact information of the other party in addition to any witnesses, if available.
If the cyclist is injured, they should seek medical attention as soon as possible. If the cyclist is able, they should notate what occurred immediately following the accident in order to document important details.
If it is possible, the cyclist should take photographs of the accident and injuries.
Do I Need a Lawyer for Assistance with a Mountain Biking Accident Lawsuit?
A mountain biking lawsuit may be complex and involve numerous different legal theories and laws. It may be helpful to consult with a bicycle accident attorney in your area if you need any assistance or guidance with your legal claim.
Your attorney can address your concerns and inform you of what steps you should take to obtain compensation. If you have to make an appearance in court, your lawyer can be available to represent you during those appearances.
Your attorney can also negotiate with insurance companies so you can obtain the best settlement possible to compensate you for your injuries.
