Bike-On-Car Collision: When Can a Cyclist Claim for Compensation?

Public authorities have a duty to properly maintain roads, ensuring they are safe for all road users. When cyclists are involved in an accident with a negligent driver, it is often the case that the fault lies with public authorities, either because of poorly maintained roads or dangerous crossings. Here you will find out about cyclist compensation and see what happens when bike-on-car collisions happen.

What is a bike-on-car collision?

A bike-on-car collision happens when a cyclist is involved in an accident with a motorized vehicle. This may be with another road user, or with fixed obstacles such as railings. These accidents often result in serious injuries, due to the inherent danger caused by high speeds and large metal objects.

What should you do if that happens?

Contact a personal injury lawyer right away to schedule a free consultation. Collect information regarding the accident, including photos of the scene, names of any witnesses, and contact details for your witness. Without this information, it may be impossible to establish what happened in full detail. If the accident happened near Los Angeles, you should be looking for a Los Angeles personal injury attorney who knows the area and who will be able to help you better. Hiring a personal injury attorney to assist you with the case is extremely important. Even if you were not severely injured and believe that your claim will be small, it is crucial to have a skilled attorney on your side. They know the law and how to gather evidence for your case. In addition, they will deal with all the insurance companies on your behalf so they can focus more on recovering from the accident.

When can a cyclist claim compensation?

In order to win damages in a bike-on-car collision, cyclists must prove that the individual driving was negligent. There is no criminal charge that can be brought when an accident occurs between two bicycles. This means there is no simpler way of getting justice than bringing civil proceedings against the defendant. A judge will decide whether negligence occurred and if so how much compensation should be awarded. The standard proof in such cases is the 'balance of probabilities. This means it has probably occurred but does not have to be beyond a reasonable doubt. With most accidents, there are usually several possible explanations for what happened, and it will be up to the claimant to prove which of these is the more likely. 

What can they say on their claim?

Cyclists can claim for injuries including pain and suffering, loss of earnings due to time off work, medical expenses plus the cost of repairs to their bike. For example, if a claimant is unable to cycle again, they may be entitled to compensation for this loss. There are limited circumstances in which cyclists cannot win damages in a collision with another road user. If both sides were equally at fault, then nobody can recover anything. This is known as 'contributory negligence. However, it is important to note that just by admitting liability, you will not necessarily lose your case. It will depend on how much fault each party has, and the judge decides who should receive compensation according to their share of responsibility.

Should you keep any documents you have, like medical evaluation after the accident or receipts for medical care?

Yes. You should keep all documents and papers that help prove your case: receipts for medical care, photographs of the scene, and any damage to either bike or car. It is advisable to discuss with the lawyer before producing these items to ensure they will be of use in building up a case. The lawyer will be able to advise you on how best to gather evidence, depending on the circumstances of your case. Also, you shouldn't discuss anything with the other party in the place of the accident without getting legal advice first. The other party can use your statements to deny or diminish their responsibility in the accident, and you might say something that is not useful for your case.

Are bike-on-car collision accidents common?

These accidents are not very common on the roads, but if they do occur it can be a serious matter due to the injuries that can result. It is important to remember that the cyclist has a legal right to claim compensation in such incidents, even though there is unlikely to be anyone else involved apart from you and the driver of the car. This will often make things easier because there won't be any disputes about what happened or whose fault it was. You should always consult with an attorney after an accident of this type, regardless of whether you have been injured or not.

In order to win damages in a bike-on-car collision, cyclists must prove that the individual driving was negligent. Hiring the right attorney will make the whole process easier, and you will soon be able to forget the whole thing and move on with your life.