Bicycle Accident Lawyer

The popularity of bicycling is rapidly increasing, with cyclists hitting the road in record numbers.  Whether it’s a weekend family ride or a competitive team sport, bicyclists on roadways are becoming ubiquitous.  When cars, trucks, and bicycles mix, accidents can happen.  Unfortunately, because vehicles are much larger and heavier than bicycles, cyclists often sustain serious injuries in collisions. Contact our Mobile bicycle accident attorney immediately if you or a loved one has been involved in a bicycle accident.

In 2021, 966 bicyclists were killed in traffic crashes in the U.S., according to the National Highway Traffic Safety Administration (NHTSA).  Bicycle crashes have increased since 2009 as cycling has become more popular among all age groups.  Bicycle accidents increase with traffic density, low visibility, poor road conditions, and inclement weather.

About 70% of people killed in bicycle and pedestrian accidents are males.  Bicyclist deaths were 6 times higher for males than females in 2019, and males are much more likely than females to sustain severe injuries in bike crashes.  In 2016, the average age of cyclists killed in the U.S. was 46.  Alcohol also contributes to the frequency and severity of bicycle accidents.  One in four fatal bike crashes in 2019 involved a bicyclist who had been drinking alcohol, according to NHTSA.  Drunk drivers also cause bicycle accidents.

Males are much more likely than females to sustain severe injuries in bicycle crashes.  In 2019, bicycle deaths were 6 times higher among males than females.

If you or a loved one has been hurt in a bicycle accident, Caldwell Wenzel & Asthana bicycle accident lawyers will get you the compensation you deserve.  This is particularly true if the accident was caused by the negligence of a motorist, bicycle manufacturer, or other party.  Our bicycle accident attorneys have helped hundreds of personal injury clients receive compensation. To find out if we can help you, call us for a free initial consultation at (251) 444-7000.

Choosing the Best Mobile Bicycle Accident Lawyer

A Mobile Bicycle Accident Attorney Who Gets You the Justice You Deserve

At Caldwell Wenzel & Asthana, our attorneys are some of the best and brightest.  Well-trained, smart, resourceful, and courteous are just some adjectives that describe our legal team.  We are committed to providing top-notch client service in a compassionate and caring atmosphere.  We understand that many of our clients have gone through a difficult, often traumatizing experience, and that’s why we are committed to getting the justice you deserve.  We are tough litigators and are not afraid to go into a courtroom and try a case before a judge and jury if insurance companies lowball our clients and do not negotiate a settlement in good faith.

Common Causes of Bicycle Accidents

A Bicycle Accident Attorney Explains the Hazards

According to a NHTSA report, three main factors contribute to traffic crashes involving bicyclists: motorist behavior, non-motorist behavior, and infrastructure. Sometimes more than one factor is involved in accidents.

• Motorist behaviors include speeding, distraction, lack of traffic awareness, non-compliance with traffic laws, and alcohol or drug impairment.
• Non-motorist (i.e., bicyclist) behaviors include lack of traffic awareness, non-compliance with traffic laws, poor conspicuity (not being easily seen), and alcohol or other impairment.
• Infrastructure issues include an inadequate separation between motorists and non-motorists, lighting, signage, or crosswalks.

Be Seen: Wear Reflective Clothing

NHTSA data shows that three-fourths (75%) of pedestrians and 45% of bicyclists killed in 2016 were struck in dark conditions.  State laws around the U.S. often require bicyclists to use lights/reflectors when traveling at night.  It’s also important to always wear an approved bicycle safety helmet.  The Bicycle Helmet Safety Institute offers many insights about choosing a helmet that’s right for you and your riding style.  Consumer Reports also offers bike helmet ratings that discuss fit, ventilation, and safety factors.  There are even tips about helmets for bald riders.

Common Injuries in Bicycle Accidents

Bicyclists involved in a crash can sustain multiple injuries, particularly if they are not wearing a helmet, riding gloves, or protective clothing.  Some common injuries suffered during bicycle accidents include:

• Concussion
• Lacerations and road rash
• Broken bones
• Traumatic brain injury
• Internal bleeding
• Back and spinal cord injuries
• Sprains and strains
• Paralysis.

If you are injured in a bicycle crash, seek medical attention immediately, even if it means riding to the emergency room in an ambulance.  This will ensure that you get the medical treatment you need and establish documentation of your injuries that can be relied upon in a future lawsuit.  We are skilled in concussion and TBI cases, and we also have back and spinal cord injury lawyers who can handle those types of cases.

Proving Negligence and Liability in a Bicycle Accident Claim

After your Mobile accident, there are two potential avenues to secure compensation:

• Pursuing a claim against the at-fault driver’s auto liability policy.
• Filing a civil lawsuit against the driver responsible for the crash.

To start this process, the first step involves thoroughly investigating the accident and meticulously gathering evidence. This includes collecting witness statements, conducting accident reconstruction, and assembling relevant information. Our primary goal is to establish the negligence of the at-fault party. To do so, we must demonstrate the following key points:

• The at-fault party had a duty to act in a way that ensured the safety of others on the road.
• They failed to fulfill this duty.
• As a direct consequence of this failure, the accident occurred.
• The accident resulted in both financial harm and physical and psychological injuries to you.

For instance, let’s consider a scenario where a driver is responsible for checking for bikes and oncoming traffic before turning at an intersection. If it can be proven through evidence that the driver neglected to yield the right of way and subsequently collided with you, we will use this documented evidence in your favor. Additionally, we will use your relevant medical records to substantiate the extent of your injuries.

How Long Do I Have to Sue the At-Fault Driver?

The majority of bicycle accident cases are resolved without the need for a trial. Through skillful negotiation and presentation of compelling evidence to the insurance company, we strive to reach fair settlement agreements that hold the liable party accountable. We can get a just and satisfactory resolution by presenting compelling evidence and comprehensive documentation of our client’s injuries and damages.

In situations where legal action becomes necessary, we are mindful of the time constraints outlined in Ala. Code § 6-2-38. This statute allows us a two-year window to file the required paperwork in a Mobile County court. However, it’s essential to note that certain exceptions might alter these timelines, granting more time or imposing tighter deadlines. During your initial meeting with our team, we will comprehensively explain the applicable time frames and guide you through the process effectively.

Wrongful Death in a Mobile, AL, Bicycle Crash

Many cyclists succumb to their injuries following collisions with vehicles. If you have experienced such a heartbreaking loss within your immediate family, you may have the option to pursue wrongful death damages, as per Ala. Code § 6-5-410.

It’s important to note that in Alabama, this law differs from many other states in that it restricts the recovery of compensatory damages. Instead, you can only hold the at-fault driver liable if you can demonstrate that their actions were intentional or highly reckless, potentially allowing your family to seek punitive damages. Engaging our bicycle accident attorneys is important given these unique aspects of Alabama’s wrongful death cases.

Our dedicated team is adept in representing clients in wrongful death cases and offers a free review of your potential case. You can expect an honest assessment of the strength and viability of your claim, along with the possibility of holding the at-fault party accountable for their actions.

Tips for Bicycle Safety

Helpful Suggestions From NHTSA

An ounce of prevention is worth a pound of cure for bicycle safety.  The time to think about protecting yourself is not after the crash happens.  NHTSA offers the following suggestions:

• Ride a bike that works—it doesn’t matter how well you ride if the brakes don’t work.
• Ride a bike that fits you—if it’s too big or too small, it’s harder to control the bike.
• With both hands on the handlebars, ride one per seat unless signaling a turn.
• Tuck and tie your shoelaces and pant legs to avoid getting caught in your bike chain.
• Carry all items in a backpack or strapped to the back of the bike.
• Wear equipment that makes you more visible to others, like a bike helmet, bright clothing, reflective gear, a white front light, red rear light, and reflectors on your bike.
• Plan your route—choose routes with less traffic and slower speeds. Your safest route may be in a bike lane or bike path away from traffic.
• Drive with the flow in the same direction as traffic.
• No texting, listening to music, or using anything that distracts you by taking your eyes and ears or your mind off the road and traffic.
• Obey street signs, signals, and road markings like a car.
• Assume the other person doesn’t see you; look ahead for hazards or situations to avoid that may cause you to fall, like toys, pebbles, potholes, grates, and train tracks.

FAQs

When you’re hurt in a bicycle accident, you could have a legal claim if someone’s negligence caused your fall. Bicycle accidents can be concerning and unfortunate, often leading to injuries and property damage.

If you suffered severe injuries, you may wonder where to turn and be concerned about medical bills, lost wages, and how to get the most compensation possible. Our bicycle accident attorney in Mobile, AL, is here to answer any questions you may have after a nasty fall. Here are a few we regularly hear.

How much can I get for a bicycle accident?

There is no “average” settlement amount or jury award in bicycle accident cases.  How much you get depends on various factors, including the severity of your injuries, the cause of the accident, the financial damages you suffered, and the negotiation skills of your bicycle accident attorney.  We know that victims who hire an attorney generally receive significantly larger settlements than individuals trying to represent themselves in court.

What if my loved one dies in a bicycle accident?

If your loved one dies, a bicycle accident lawyer can file a wrongful death lawsuit on your behalf.  Because bicycles can travel at relatively high speeds and frequently encounter traffic, these crashes sometimes result in paralysis or death.

How much does a bicycle accident lawyer cost?

Here’s the great news.  Bicycle accident lawyers work on contingency, meaning we don’t get paid until you get paid.  If we’re successful, the defendant pays our legal fees as part of a settlement agreement or jury award.  If your claim is not successful for some reason, then you owe us nothing.

Can you get a traumatic brain injury from a bicycle accident?

Yes, getting a traumatic brain injury from a bicycle accident is possible.  Whether a person is thrown over the handlebars, hit by a car, or crashes into a tree, their skull can slam into the pavement or a hard stationary object, causing TBI.  These accidents are very dangerous. A  traumatic brain injury attorney can represent you in a TBI lawsuit.

Where do bicycle accidents happen most often?

According to NHTSA, roughly 30% of bicyclists killed were struck by a vehicle in an intersection. Deaths are higher in cities, where crossing density is greater.  Bicyclist deaths occurred most often in urban areas (78%) compared to rural areas (22%) in 2019.

How do you prove negligence?

Laws in Alabama are very specific about how to prove negligence in personal injury and bicycle accident cases.  To prove negligence, you must prove four elements:

• Duty
• Breach
• Causation
• Damages.

In a personal injury case, “negligence” refers to one party’s careless or reckless behavior that harmed another.

What time of day do bicycle accidents happen the most?

No matter whether it’s spring, summer, or fall, bicyclist deaths occur most often between 6 p.m. and 9 p.m., according to NHTSA.

Remember, every bicycle accident case is unique, so seeking professional legal advice is crucial to understand your situation fully. If you’ve been involved in a bicycle accident, consult a qualified bicycle accident attorney to protect your rights and seek appropriate compensation.

Contact a Skilled Bicycle Accident Attorney in Mobile, AL, Today

If you or a loved one has been injured in a bicycle accident, you may be entitled to financial compensation. This is especially true if your injury was due to someone else’s negligence. Bicycle injuries can mean large medical bills, time off work, rehabilitation, and even disability. The bicycle accident attorneys at Caldwell Wenzel & Asthana will fight for you to get the justice you deserve. To find out more about how we can help, call us for a free consultation at (251) 444-7000.