Reconstructing the Moments Before the Bicycle Collision
The seconds before impact can determine whether a driver failed to yield, turned into a cyclist's path, followed too closely, drifted from a lane, or otherwise acted negligently.
Our investigation may include photographs, vehicle damage, bicycle damage, witness statements, police reports, available video, traffic signals, roadway markings, and other evidence. We look at the complete sequence of events rather than relying solely on the driver's account.
In a disputed case, details such as where each vehicle was positioned, which direction each party was traveling, and what the driver could see may become particularly important.
When a Driver Says They Did Not See the Cyclist
Visibility does not necessarily determine responsibility. Drivers are expected to operate their vehicles with appropriate attention to the road and surrounding traffic.
A driver who fails to notice a cyclist may have been distracted, traveling too quickly for the conditions, making an unsafe turn, changing lanes without checking, or failing to yield when required.
KRW Lawyers examines the circumstances that led to the collision to determine whether negligent driving contributed to the injury.
Failure to Yield, Distracted Driving & Other Common Causes
Bicycle crashes can happen in many ways, and the legal issues depend on the particular collision.
Claims may involve:
- Failure to yield. A driver entering an intersection, crossing a bicycle's path, or making a turn may fail to give the cyclist the required right of way.
- Distracted driving. Looking at a phone, adjusting controls, or engaging in another distracting activity can prevent a driver from noticing a cyclist.
- Unsafe passing. A vehicle passing too closely can strike a cyclist or force the rider into another hazard.
- Dooring incidents. A driver or passenger opening a vehicle door into a cyclist's path can cause a rider to crash.
- Speeding or unsafe driving. Excessive speed can reduce a driver's ability to recognize and avoid a cyclist.
The evidence from the scene helps determine which form of negligence may apply.
Roadway Conditions May Become Part of the Investigation
Not every bicycle accident is caused exclusively by a driver's conduct. Depending on the circumstances, roadway defects, inadequate visibility, signage, obstructions, or other conditions may contribute to a crash.
When the condition of the roadway is relevant, photographs and other documentation can be especially important. Road surfaces may be repaired or changed after an accident, making it harder to establish what existed at the time of the injury.
Bicycle Accident Injuries Can Be More Serious Than They First Appear
A cyclist can be thrown over a vehicle, onto the roadway, or into another object during a collision. The resulting injuries may require emergency treatment, surgery, physical therapy, or long-term rehabilitation.
Common consequences can include:
- Traumatic brain injuries. A head impact can result in cognitive, physical, or emotional changes that persist long after the collision.
- Spinal injuries. Damage to the neck or back may produce chronic pain, mobility limitations, or paralysis.
- Fractures. Broken wrists, arms, legs, ribs, and other bones can require surgery and extended rehabilitation.
- Soft-tissue injuries. Damage to muscles, tendons, and ligaments can interfere with work and everyday activities.
- Scarring & disfigurement. Abrasions and other injuries can leave permanent physical changes.
The eventual effect of an injury may not be clear immediately after the crash, making ongoing medical documentation important.
A Damaged Bicycle Is Only One Part of Your Losses
Replacing a bicycle or helmet may be necessary after a collision, but the financial impact can extend much further.
Depending on the circumstances, a claim may include medical expenses, rehabilitation, lost wages, diminished earning capacity, pain and suffering, permanent disability, disfigurement, and other legally recoverable damages.
For a cyclist who cannot return to the same occupation or level of physical activity, the long-term consequences may need to be documented as part of the claim.
Evidence From the Bicycle Accident Scene Can Disappear
The bicycle, damaged vehicle, roadway, and surrounding area may all contain evidence about how the collision occurred. Repairing the bicycle or vehicle before it is documented can make later analysis more difficult.
Photographs of the scene and injuries, contact information for witnesses, available surveillance footage, and other records can help preserve the circumstances surrounding the accident.
KRW Lawyers can investigate and preserve relevant evidence as part of pursuing the claim.
When the Driver Leaves the Scene
A hit-and-run can make a bicycle accident considerably more difficult because the cyclist may not initially know who caused the collision.
Witnesses, nearby surveillance, vehicle debris, photographs, police records, and other evidence may help identify the driver. Insurance coverage may also need to be evaluated when the responsible driver cannot be located.
Pursuing Compensation for the Injuries You Sustained on a Bicycle
After a bicycle collision, you may be dealing with serious injuries while trying to determine who is responsible and how your losses will be covered. KRW Lawyers can investigate the crash, address disputed liability, communicate with insurers, and pursue compensation for the consequences of the accident.
Call (505) 628-0776 or contact us online to discuss your bicycle accident claim with KRW Lawyers.
