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Often, drivers do not expect to encounter bicycles on the road, and this can result in devastating collisions. Bicycle crashes tend to be severe because the bicyclist is so exposed, and often these types of auto accidents involve vehicles traveling at a high rate of speed. However, even a slow-moving accident can cause catastrophic injuries resulting in lifelong problems for the cyclist.
If you have been injured in a bike crash, you may be entitled to recover compensation for lost wages, medical bills, pain and suffering, and other damages. The accident attorneys at Rhoades & Morrow have decades of experience bringing personal injury lawsuits for injured cyclists. You are entitled to maximum compensation for broken bones, severe injuries, and other losses as a result of your bicycle accident.
Delaware bicycle accidents are essentially negligent cases. Depending on the facts and circumstances of your bicycle crash, injured cyclists are entitled to bring a claim if they suffered injuries due to negligent drivers, car door crashes, or other incidents where the bike accident was the result of someone else’s negligence.
Your experienced bicycle accident lawyer can be more specific about the legal requirements to prove negligence in your specific bicycle accident case. Generally, to prove negligence, the law requires:
The first element to establish is that the defendant (the person you are holding responsible) owed a duty of care to you. In Delaware, all road users, including drivers, owe a duty of care to others, including bicyclists.
You must show that the defendant breached their duty of care. This could involve demonstrating that the defendant acted negligently or failed to exercise reasonable care. For example, if a motor vehicle driver failed to yield to a bicyclist when required or was driving recklessly, it could be considered a breach of duty.
You need to prove that the defendant’s breach of duty directly caused the accident and your resulting injuries. This requires establishing a causal link between the defendant’s actions or negligence and the harm you suffered.
You must demonstrate that you have suffered actual damages as a result of the accident. This can include serious injuries, medical expenses, property damage, pain and suffering, lost wages, and other related costs.
Delaware follows a comparative negligence rule, which means you cannot be more than 50% responsible for the cause of the accident. If you are 51% responsible, you are barred from bringing a claim.
You must file your lawsuit within the applicable statute of limitations. In Delaware, the statute of limitations for personal injury cases, including bike accidents, is generally two years from the date of the accident.
In a bicycle crash case in Delaware, there are various types of injuries, damages, or losses for which you may be able to claim damages. It’s important to consult with a bicycle accident lawyer who is familiar with Delaware law to understand the specific details and circumstances of your case. However, here are some common types of injuries, damages, or losses that bike accident victims may claim in a bike crash case:
Physical injuries: This includes any bodily harm or injuries sustained in the accident, such as broken bones, lacerations, internal injuries, traumatic brain injuries, spinal cord injuries, head injuries, or any other injuries that require medical treatment.
Medical expenses: You can seek fair compensation for the medical costs associated with your injuries, including hospital bills, surgeries, medication, rehabilitation, physical therapy, assistive devices, and any future medical expenses related to your injuries.
Pain and suffering: This refers to the physical and emotional distress caused by the accident, such as physical pain, mental anguish, emotional trauma, anxiety, depression, or loss of enjoyment of life.
Lost wages: If the injuries from the bike crash caused you to miss work or resulted in a diminished earning capacity, you may be eligible to claim compensation for the income you lost during your recovery or any future loss of earning potential.
Property damage: If your bicycle or any other personal property was damaged in the accident, you can seek compensation to cover the cost of repairs or replacement.
Loss of consortium: If the accident resulted in the loss of companionship, support, or intimacy with your spouse, you may be able to claim damages for loss of consortium.
Punitive damages: In certain cases involving gross negligence, recklessness, or intentional misconduct, the court may award punitive damages, which are meant to punish the responsible party and deter similar behavior in the future.
It’s crucial to gather evidence, such as medical records, accident reports, witness statements, and any other relevant documentation to support your claim for damages. An experienced accident lawyer can guide you through the legal process, assess the value of your case, and help maximize your potential compensation.
Cyclists are most at risk of being struck by a car at an intersection. Forty-five percent of all bicycle accidents with cars occur at intersections. To protect against these kinds of accidents, wear reflective clothing and utilize front and rear lamps when riding at night. Ride defensively, and always expect that cars do not see you.
The most common type of stop sign accident is when a bicyclist has a stop sign, and the motorist does not. This is frequently a problem for young bicycle riders (under the age of 15) who do not yet have the ability to judge the distance and speed of an approaching car.
A common type of bike accident happens when a cyclist is traveling in the same lane as a car that turns right. The car turning right does not see the cyclist behind him. Always be prepared to brake suddenly in intersections. Never pass a car on the right—especially through an intersection. Be aware of drivers’ blind spots.
These types of accidents happen when a driver or passenger of a vehicle opens their door directly into the path of a bicyclist. Dooring accidents can cause serious injuries to the bicyclist as they are the equivalent of a rider hitting a wall without warning.
Always remember to wear your helmet when bicycling. In Delaware, only riders under the age of 19 are legally required to wear a helmet, but all riders should wear one for safety and protection.
Getting in an accident while on your bike can be nerve-wracking. You may not feel physical pain from any injuries you suffered until after the initial shock of the incident tapers off. There are many other reasons why pain may be delayed. Minor injuries can take days, weeks, or even months to manifest as long-term problems requiring expensive treatment. Always seek medical attention after an accident to ensure your injuries are properly treated and documented.
Even if you think you are not injured, you should call the police and file a report. If you leave the scene without identifying the other driver, you may never be able to receive compensation for your injuries.
Police may ticket the driver at the scene, which can be helpful if you decide to pursue a legal claim. Be sure to get the name and contact information of the driver, as well as any witnesses to the accident. Do not admit fault to the driver or make any statements to an insurance adjuster before consulting an experienced personal injury lawyer.
Take photos of the accident scene and surrounding area if you are able. Take notes about the road conditions, time of day, and anything else you can remember about your accident. Photograph your injuries on a regular basis to track their progression.
Contact the experienced bike accident lawyers at Rhoades & Morrow immediately, so they can begin building your case. Our bike crash attorneys are knowledgeable of bike law, the legal system, how to deal with a driver’s insurance company, protect your legal rights, and seek compensation for your injuries.
If you have been injured in a bike crash, speak to an experienced Delaware bike accident attorney Rhoades & Morrow today. Call us at (302) 427-9500 or contact us online to schedule a free consultation. We represent injury victims throughout upstate and downstate Delaware, including those in Wilmington, Hockessin, Newark, Glasgow, Bear, Middletown, Smyrna, Dover, Milford, Lewes, Georgetown, and Seaford, as well communities in New Castle County, Kent County, and Sussex County.
