St. George Bicycle Accident Lawyer

If you have been injured while riding your bicycle in an accident caused by someone or something else, you may be entitled to compensation. As we’ll discuss, your compensation includes not only your emergency room visit and repairs to your bicycle but also any long-term costs associated with your injuries, ranging from medical expenses to lost earnings at work.

Cyclists and drivers are obligated to obey the rules of the road, and they operate at the same time. However, cyclists are almost always catastrophically injured when involved in a crash with a motor vehicle.  Contact us today for a free and conditional case evaluation with a St. George accident attorney.

Why Choose Our Bicycle Accident Lawyers in St. George

After a bicycle crash, you need an advocate who will stand up for your rights. We Win Injury Law has represented injured Utahns for more than 20 years, and personal injury is the only area of law we practice. Here’s what you can expect when you hire our firm:

• Every client receives the combined effort of our partner attorneys, paralegals, and case managers.
• We have recovered millions of dollars for our clients.
• You can reach an attorney 24/7 whenever questions or concerns come up.
• You pay nothing upfront, and we only collect a fee if we recover compensation for you.

When you work with our team of attorneys, you get the entire team focused on your case and have a much better chance to recover compensation for your injuries.

Who Can Be Held Liable in a Bicycle Accident Claim?

Any time a driver gets onto the road with their motor vehicle, they are bound to follow the rules of the road. This includes the obligation to drive safely, attentively, and responsibly, all while being sober. When drivers violate the rules of the road, as we’ll discuss below in the section on common causes of bicycle accidents, they will be liable for the damages linked to any accidents that they cause.

These rules include traffic laws that all drivers must obey, as well as a duty to exercise ordinary care in regard to others’ safety on the roadway. What is more, because of the size and weight difference between a cyclist and a passenger in a vehicle, bicycle accidents often result in some of the most serious and sometimes fatal injuries on the roadways.

When filing a claim to recover damages for injuries from a bicycle accident the claim (or lawsuit filed later) will come down to proving whether the driver that hit the cyclist failed in his legal obligation to operate their vehicle in a safe manner and whether his or her negligent actions caused or contributed to the accident.

Negligence is a legal concept that must be proven for you to collect compensation for your injuries from an accident. Negligence has four parts: duty, breach, causation, and damages. The unique facts and circumstances of your accident must be applied to the four parts of negligence, and each must be individually proven for you to collect compensation. Basically what negligence means is that a party had a duty or responsibility towards you, that duty was broken causing an accident, and the injuries you experienced from that accident had costs or damages.

For example, if a driver is speeding, they are breaking the law and their duty to follow traffic laws. If their breaking the law led to an accident that injured you and caused damages, then that driver would have been negligent, and they will be responsible for any damages associated with the accident.

What If I Was Partially at Fault for My Bicycle Accident?

Most bicycle accident claims focus on the driver who hit the cyclist, but other parties may also share responsibility. Identifying every liable party can increase the insurance coverage available to pay for your losses. Depending on the facts of your case, these may include:

• Negligent Drivers: A driver who fails to yield, turns across a bike lane, or opens a car door into a cyclist’s path can be held responsible for the resulting injuries.
• Employers of At-Fault Drivers: If the driver was on the job at the time of the crash, their employer may share liability. The company may also be at fault if its internal policies or practices caused the collision, such as encouraging drivers to complete unrealistic schedules.
• Government Entities: Cities, counties, and the state must keep roads reasonably safe. Potholes, missing signage, or poorly maintained bike lanes may lead to a claim against a government agency.
• Bicycle and Parts Manufacturers: A defective frame, brake, or wheel can cause a serious crash. The companies that designed, built, or sold the faulty product may be liable for your injuries.

How Long Do I Have to File a Claim in Utah?

Under Utah Code § 78B-2-307, you have four years from the date of your bicycle accident to file a personal injury lawsuit. If you miss this deadline, the court will likely dismiss your case. 

Some claims have shorter deadlines; you must file a wrongful death lawsuit within two years of the date of death. Claims against a government entity require a notice of claim within one year under Utah Code § 63G-7-402. To protect your right to file a claim, speak to a St. George bicycle accident lawyer as soon as possible after your accident. 

Types of Compensation Available After a Bicycle Accident

A bicycle accident can affect nearly every part of your life. By filing a bicycle accident claim, you can recover compensation for:

• All medical expenses related to your accident
• Lost wages, benefits, and future earnings
• Pain and suffering 
• Home modifications and mobility aids
• Replacement helmets, clothing, and gear
• Punitive damages in cases of extreme recklessness

What If I Was Partially at Fault for My Bicycle Accident?

Insurance companies often try to shift blame onto cyclists by claiming they rode unpredictably, were hard to see, or ignored a traffic signal. Even if you made a mistake, you may still recover compensation.

Utah follows a modified comparative fault rule under Utah Code § 78B-5-818. As long as you are less than 50% at fault, you can recover damages, but your award will be reduced by your share of the blame. For example, if you are found 20% at fault and your damages total $100,000, you could recover $80,000. If you are 50% or more at fault, you cannot recover anything.

Common Causes of Bicycle Accident Injuries

The liability of the driver for your injuries will determine whether you and your family are left covering costs associated with your injuries, or if you receive a fair and complete settlement to do so. As discussed above, the negligence of the driver must be proven by applying the facts and circumstances of the accident to the four parts of negligence.

While no two accidents are alike, there are some types of accidents where the driver will be liable in almost all cases, entitling you to compensation for your damages. Common causes of bicycle accidents you can usually recover compensation for your damages include:

• Distracted driving – the United States Department of Transportation notes that distracted driving is a dangerous behavior that led to 3,142 deaths on the roads of the United States, and includes any activity that impairs you manually, visually, or mentally on the road, like texting while driving
• Drowsy or fatigued driving – when a driver makes the decision to get behind the wheel when they are drowsy, they have made an illegal choice to drive when they are incapable of driving safely, attentively, and responsibly, and they will be liable for any accidents their drowsy driving causes
• Drunk driving – literally all drunk driving accidents are preventable, and you will recover compensation for your damages if you are hit by a driver who was drunk or impaired by drugs
• Speeding or aggressive driving – speeding, not allowing sufficient space on the road for other cars, fast lane-changing, and other aggressive driving behaviors that cause bicycle or other accidents will lead to the driver being liable for the associated damages
• Vehicle or equipment malfunctions – if a vehicle malfunction like a defective brake caused the accident, the manufacturer of the defective product may be liable for your damages

Contact Our Experienced St. George Bicycle Accident Lawyers Today for a Free Consultation

Determining whether you are entitled to compensation requires careful consideration of the actions of the driver that led to your bicycle accident. Being injured in a bicycle accident can lead to substantial injuries that will require a great deal of your time and effort to address.

Collecting evidence and putting together an insurance claim to collect on your damages while trying to recover from your injuries is not ideal, which is where your bicycle accident injury lawyer from We Win Injury Law comes into play. We take over the claim process, handling it for you every step of the way so that you can focus on recovering from your injuries.

To discuss your bicycle accident injury case, schedule a consultation or call the experienced St. George e-bike attorneys from We Win Injury Law at (435) 688-9558 to learn how we can help you make the most of your case and related damages.