What Percentage of Bicycle Accidents are Fatal?

Millions of Americans use bicycles to commute to work and enjoy the outdoors. By law, bicyclists have the same right to the road as motor vehicle occupants. However, bikers and drivers sharing the road can lead to tragedy. Far too many serious and fatal bike accidents occur annually.

When a driver’s negligence causes a severe or fatal bike accident, you have legal options. If injured, you can potentially file a personal injury claim for damages. If the accident killed your relative, you can be eligible to file a wrongful death lawsuit for your losses.

Talk to a San Francisco bicycle accident attorney today about your case. It’s free, and you only pay the attorney if they obtain compensation for you.

Fatal Bicycle Accident Statistics

Bicycle accidents are especially worrisome when motor vehicles are involved. Bikers are exposed to the environment and are unprotected, so their injuries are usually severe or fatal, as the following statistics reveal.

The Insurance Institute for Highway Safety states that 2 percent of car accidents involve bicyclists. Pedestrian and bicyclist deaths comprise approximately 20 percent of all traffic deaths, with 6,000 pedestrian and 850 bicyclist fatalities.

The IIHS states that 1,084 bicyclists died in car accidents in 2022, which was the highest number ever recorded. Bike deaths have increased by 8 percent in the last 50 years and 75 percent since reaching their lowest level in 2010.

The National Safety Council reports that the number of preventable fatalities from bike accidents increased 10 percent in a recent year and is up 47 percent in the last decade. However, the number of preventable nonfatal injuries in bicycle accidents declined 30 percent over a recent decade.

The National Highway Traffic Safety Administration finds that certain states have more fatal bicycle accidents than others. For decades, California had the most biker deaths in car accidents. Recently, Florida passed California in the number of biker fatalities per year. Today, Florida has the highest rate of bikers killed per capita at 7.5 bikers killed per 1 million residents, more than double California’s rate.

Was your loved one killed in a bicycle accident because of someone’s negligence? You can be entitled to compensation in a wrongful death lawsuit. Talk to a personal injury attorney about filing a wrongful death claim. This type of lawsuit may be appropriate when a person dies because of another person’s negligence.

Who Can Be Held Liable In A Bicycle Accident Claim? 

Liability for bike accidents can involve many parties. A motor vehicle driver is often held responsible for a bike accident. Car drivers may not see bicyclists or drive too close and injure them. However, bikers have the same road rights, and a driver can be held financially liable for damages.

An employer can be blamed for a bike accident. For example, if an Amazon driver hits someone on a bike, the employer can be liable if the driver is an employee. This would apply if the Amazon driver were on the clock when the accident happened.

A product manufacturer can also be held responsible for a bike accident. This may occur if a defective vehicle part caused the accident, such as defects or steering components.

A bike accident attorney will determine the potentially liable parties and attempt to approve who caused the accident. Potential evidence your attorney may review to prove liability are:

• Photos and videos from the accident scene. Take pictures and videos from the crash scene and give them to your attorney if possible. 
• Surveillance video footage: There may be surveillance footage from a traffic camera or local business. 
• Crash evidence: from the involved vehicle or bicycle. 
• Eyewitness statements: Ensure you write down the names and contact details of anyone who saw the accident. 
• Police report: If law enforcement comes, get a copy of the police report. This information can be helpful for insurance negotiations. 

What Damages Are Available In A Bicycle Accident Claim? 

Suppose that another party hit you on your bike and injured you. You hire a personal injury attorney to represent you. What damages can you receive? Depending on the case, you can receive compensation for:

• Payment for current and future medical bills: A serious bike crash injury, such as broken bones or head trauma, can require months or years of additional medical treatments. Your attorney will accurately estimate what those medical expenses will be. 
• Property damage: You should have your bicycle and other property repaired or replaced. 
• Lost earnings: You may be unable to work for some time after the accident. Your attorney will ensure your lost earnings are covered. Also, a severe injury can entitle you to lost earning capacity compensation. 
• Pain and suffering: Severe bike accident injuries can be painful. You should receive fair compensation for mental and physical pain and suffering. 
• Wrongful death benefits: If your loved one died in the accident, you can be entitled to compensation for mental anguish, lost income and inheritance, pain and suffering of the deceased, and loss of care and support. 

A bicycle accident attorney will review your case to decide if another party can be found liable for your damages. They do so by proving negligence as follows:

• Another person has a duty of care to you: For example, a driver must obey the law and drive carefully around other motorists and bikers. 
• The driver violated their duty of care: For example, a driver may run a red light and hit you in the intersection on your bike. 
• You have injuries and damages from the accident: Your attorney must prove that the other party caused the accident and that you have injuries and damages. 

When Should You File A Bicycle Accident Lawsuit? 

There are several situations in which you should file a bicycle accident lawsuit:

Someone Injured You 

You may have a claim if a driver’s negligence caused your bike accident and injuries. For example, suppose you had the right of way in the crosswalk on your bike, and a driver ran the light and hit you. You broke several bones in your arm, wrist, and hand. An attorney can review your case to determine if another person was at fault for your injuries.

The Insurance Company Is Hassling You 

Suppose you suffered an injury in a bike accident and went to the other party’s insurance company for compensation. This isn’t a good idea because the driver’s insurance company will try to underpay or deny your claim. The insurer may have offered you far too little money for your losses, or it is slow-walking your claim.

Retain a bicycle accident attorney immediately. The attorney can take over negotiations and maximize your compensation for medical bills, lost earnings, and pain and suffering. Attorneys are effective insurance negotiators and will maximize your compensation. If the insurance company balks, your attorney can file a lawsuit and take them to court.

You Have A Catastrophic Injury 

Many bike accidents are catastrophic because the victim is exposed to the full force of the accident. You should always retain a bicycle accident attorney if you have a long-term or permanent injury. These include spine injuries, brain injuries, organ damage, amputations, compound fractures, etc.

You can have hundreds of thousands or millions in damages, so you should have a bike accident attorney fighting for every dime.

The Statute Of Limitations Expires Soon

Every state has a time limit for filing personal injury claims. California, for example, has a two-year statute of limitations. You have just two years from the accident date to file your claim. Talk to a bicycle accident attorney promptly after the accident to ensure you have enough time to file your claim successfully.

Talk to an attorney if you doubt whether you should file a claim. Most bicycle accident attorneys work on a contingency basis. This means they are not paid unless they obtain compensation for you. So, there are no upfront legal fees for their services. You can contact a bike accident lawyer in your community and ask them to review your case at no cost. They’ll quickly inform you if there is a viable case. It never hurts to ask!

What Affects Your Bike Crash Settlement Amount? 

You suffered an injury, so you want maximum accident compensation. How much can you get? Several factors can increase or decrease what you receive in a bike accident settlement:

Injuries And Medical Needs

The severity of your bike injury will primarily affect your settlement. The settlement would be relatively low if the physical damage, such as cuts and bruises, were minor. If you have several broken bones and a brain injury, the settlement value rises dramatically. Also, permanent injuries will be awarded significantly more than injuries that heal in a week or a month.

Pre-Existing Injuries

If you have a pre-existing injury or health problem, the insurance adjuster may contend that some of your damages are from those prior medical problems. This can affect your settlement. However, a bike accident attorney will argue that the injuries are related to your accident.

Lost Earnings

A severe injury would lead to more compensation for lost earnings. This would be the case if you have a spine injury that leads to a permanent disability, so you cannot work. You would get less money for lost earnings if you only were out of work for a few weeks.

Only an experienced bicycle accident attorney can accurately estimate what your case is worth. Talk to an attorney in your city today for more information.

Pain And Suffering

You may have severe injuries and pain and suffering, which would lead to more compensation. Your bike accident attorney will speak to your medical team to document your degree of pain and suffering.

Insurance

Many drivers have minimal insurance. For example, a driver can have only $30,000 of bodily injury coverage. Maximizing your compensation may be challenging if you have $100,000 in medical bills.

Strength Of The Case

You will receive more money in your bike accident claim if you have strong evidence that another party injured you. For instance, suppose there is surveillance video of the crash, showing the driver running a light and hitting you. Also, other drivers saw the accident and who caused it. This is conclusive evidence of liability.

Attorney Skill

It pays to retain an effective personal injury attorney with extensive experience in insurance negotiations. Your attorney can negotiate a better settlement than a less experienced attorney can. They will almost always get more money than you can without a lawyer.

Avoid These Bicycle Accident Claim Mistakes

When someone injures you in a bicycle accident, it always helps to retain a personal injury attorney to maximize your claim. However, specific actions can harm your case, so keep these tips in mind:

• Don’t negotiate with the at-fault driver: The driver can accept responsibility but recant later. Talk as little as possible to the at-fault driver. Instead, call the police and a bicycle accident attorney. 
• Don’t leave the scene too soon: Always wait until the police arrive and write a report. The police report may be helpful evidence for a claim. Also, you want to ensure that you are not wrongly blamed for an accident that injured you. 
• Don’t delay medical care: Many injury victims avoid going to the doctor. Don’t. You may have a serious bike accident injury that worsens without treatment. Also, you can jeopardize your claim by not getting immediate medical attention. 
• Don’t settle for too little: If the driver hurt you, the insurance company may call you quickly and offer a small settlement. Don’t take it. A skilled attorney can negotiate more for you, so talk to a bicycle accident lawyer immediately. 

Talk To A Bicycle Accident Attorney Today 

Bicycle accident injuries are usually severe, so speak to a bicycle accident attorney if a driver injures you. Your attorney will determine who caused your injuries and hold them liable for your losses. Speak to a San Francisco personal injury lawyer in your community today in a free consultation.