Bicycle accidents are often devastating, both physically and financially. If you’ve ever been hit while riding, you most likely have asked, Can I sue after a bike accident? Usually, the answer is yes, but with a few exceptions depending on the case’s details.
This article presents your legal options following a bike accident: when you are allowed to sue, against whom you could sue, and what compensation you would receive if you were to sue.
Where There Is a Right to Sue?
Because your bicycle accident occurred due to someone else’s negligence-perhaps a distracted driver, an unsafe property condition, or a defective bike part-grounds will support the claim that personal injury arises because of negligence.
Common scenarios for failure to act or negligence include the following:
- A driver who fails to yield or goes through a red light.
- A door opens into your bike lane.
- Poorly maintained or lacking maintenance pathways or roadways.
- Faulty bike equipment or manufacturing defects.
- Construction hazards without an appropriate categorical warning.
Based on these cases, the party at fault is liable for the damages done to you, lost income, and medical expenses.
Who Can You Sue?
Depending on what caused the accident, you can sue one or more of the following:
- The at-fault driver
- A local government (if poor road conditions contributed to the crash)
- Business owner (if unsafe conditions on the premises caused the accident)
- Manufacturer (for a defective bike or helmet)
Identifying the proper party to sue is critical. An experienced personal injury attorney will be able to investigate and determine liability.
What Can You Recover in Damages?
Your successful bike accident claim may result in compensation for:
- Current and future medical bills
- Lost income due to work inability
- Suffering and pain
- Property damage to your bike or gear
- Emotional distress
For most serious injuries, such as permanent ones or disability, long-term damages can be pursued.
What to Do After a Bike Accident?
To safeguard your rights:
- Get emergency medical attention-little injuries should still be assessed by a doctor.
- Have the police been called in for an official accident report filing?
- Collect evidence: photos of the scene, witness contacts, and damaged property.
- Do not speak with insurance companies until you have consulted a lawyer.
- Document everything about it, including expenses and how it alters your daily life.
This article was written by Alla Tenina. Alla is a top personal injury attorney in Los Angeles, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.