Although every type of crash on the roadway has the potential to cause death, bicycle accidents have a much higher fatality rate. These accidents involve many dangers, and there is very little chance that you or a loved one will walk away without injuries. Bicyclists have little protection from injury in a crash, even if they take all possible precautions.
Unfortunately, the rate of bicycle accident fatalities is at an all-time high nationally. If your family has lost a loved one in a bicycle accident, you may have the legal right to financial compensation. The first step that you can take is to hire a bicycle accident lawyer in Leander, Texas, to handle your case. They are here to ensure you get the legal compensation you deserve and fight for your rights at every step. Even though speaking with a bicycle accident attorney may be the last thing you want to do during a painful time, you need to have the conversation so the lawyer can begin working on your case. When that happens, they can spare you from some of the details while still helping you make significant decisions about your case.
A bicycle accident attorney will thoroughly investigate the accident to determine liability. They will gather evidence, such as accident reports, witness statements, and medical records, to build a strong case on your behalf. Your attorney will also work with insurance companies and other parties to ensure you receive maximum compensation.
The good news is that you have no upfront cost when you hire a bicycle accident attorney. They will work for you on a contingency basis, meaning they receive payment only if you win your case. A bicycle accident attorney does not ask you for money, and they will not hit you with repeated bills during the legal process.
Fatality Statistics in Bicycle Accidents
According to the IIHS (Insurance Institute for Highway Safety), there were 1084 bicycle accident fatalities in a recent year. The following year was the deadliest on record, as 1,105 cyclists lost their lives in crashes. There has been a sharp escalation in the number of bicycle accident fatalities as more people take their bikes as a mode of transportation and drivers become more dangerous. Bicycle accident deaths account for roughly 2 percent of motor vehicle fatalities in the United States. Unfortunately, there is a high chance that a bicyclist will die in an accident because of the force of impact.
There are over 130,000 bicyclists who suffer an injury in crashes each year. Statistics do not differentiate between bicyclists who sustain injuries in solo accidents versus those who are victims of getting hit by a car. The total likely includes more minor injuries cyclists may sustain when falling off their bikes. If a vehicle hits a bicycle, there is a much greater chance that the cyclist will die from the impact.
Where and When Do Fatal Bicycle Accidents Happen?
According to National Highway Transportation Safety Administration statistics, nearly half of all bicycle accident fatalities happen in urban areas. These locations have the highest volume of vehicle traffic, and bicyclists and drivers have to share the road. Most of these accidents happen on roadways in areas with intersections, but bicycle accidents can also occur on highways and other roads. Even though cyclists have the right to their own traffic lane, drivers may not allow enough space when trying to pass.
The highest number of bicycle accident fatalities occur between 6 and 9 PM, when it may be dark while numerous vehicles are on the road. Even if the cyclist wears reflective gear, the driver may still struggle to see them. The problem becomes even worse when a motorist is distracted or is under the influence of alcohol.
Causes of Fatal Bicycle Accidents
Drivers may act carelessly or recklessly in several ways that result in a serious or fatal bicycle accident, including:
- Opening up a car door into the path of an oncoming bicyclist
- Not allowing the required distance when trying to pass a cyclist on the road
- Running into the back of a bicyclist because the driver was following too closely behind
- Not seeing the bicyclist because the driver was looking down at their phone or otherwise distracted
- Making an illegal turn across the path of a bicyclist, causing them to crash directly into the car
- Being unable to avoid a crash with the bicyclist because the driver was speeding
- Making an improper lane change that sideswipes the cyclist
Why Bicycle Accidents Are Often Fatal
When one is on a bicycle, there is nothing to protect them from the direct impact of a car. Even if they are wearing a helmet, it only provides partial protection for the head and cannot save them from other injuries. Then, the bicyclist can get thrown through the car's windshield or directly down to the pavement. If the bicyclist survives the initial impact, they may die from hitting the pavement. Additionally, motorists drive larger vehicles than ever as SUVs and trucks phase out sedans. These oversized vehicles unleash more force onto the cyclist, increasing the likelihood of a fatal accident. Even if the cyclist lives through the crash, they may have serious life-changing injuries.
Wrongful Death Claims for Fatal Bicycle Accidents
If your loved one died in a bicycle accident, your family can file a wrongful death claim against the responsible driver to recover compensation for your family's personal injury. Here, the personal injury that you have suffered is the loss of a loved one due to someone else's actions. Your family will have the legal right to receive money for all the ways you have suffered because of the driver's negligence.
The prerequisite to wrongful death compensation is proving that the driver was negligent in the accident that took the life of your loved one. Negligence means that the driver did something unreasonable under the circumstances. The examples listed above as common causes of bicycle accidents fall under the umbrella of negligence.
You must come forward with proof of what the driver did to persuade either an insurance company or a jury to give you money for the loss of your loved one. Your burden of proof is demonstrating your case by a preponderance of the evidence. Unfortunately, you may have difficulty proving your case because you cannot hear your loved one's side of the story.
Still, you need someone who can investigate the accident, which is the exact role a bicycle accident lawyer can play. They will gather the following types of evidence to help prove your case:
- Eyewitness testimony from people who saw the accident
- Pictures from the scene of the accident (these may still be helpful even after the authorities cleared the site to learn more about the general conditions in the area)
- The police report from the accident
- Testimony from an accident reconstruction expert
Damages for a Bicycle Wrongful Death Accident
Your family's wrongful death damages represent the harm that you have sustained when you have lost a loved one. Your loved one played several roles in the family, and their loss will leave a void in many ways. Thus, you have the legal right to get paid for every impact of this tragic loss.
Wrongful death damages in a bicycle accident case can include:
- The income that your family member would have earned throughout their working career up until the time of their retirement
- Compensation for the loss of the close and loving relationship that each family member had with the deceased person
- Payment for the loss of support and guidance that family members received from the loved one
- The grief and trauma that individual family members endured when their loved one passed away tragically
The challenge with wrongful death damages is that they measure something unique and specific to your family. By definition, wrongful death damages should be subjective. However, insurance companies do not like to pay for anything subjective because it means they can owe you more compensation.
When claiming specific wrongful death damages, you must prepare to back up and have proof for everything you say. Insurance companies will probe deeply, asking particular and sometimes uncomfortable questions about the nature of your family relationship. You can expect a jury to want to hear the same information.
How to Receive Compensation for a Wrongful Death or Bicycle Accident Injury
You can seek compensation for a wrongful death or a bicycle accident injury through the insurance company or the courts. Some bicycle accident attorneys advise their clients to begin the legal process by trying to engage the insurance company directly. In contrast, others may feel it is best to start by suing the responsible driver in a lawsuit. Either way, you must deal with the insurance companies because they defend their policyholder throughout the legal process.
Regardless of how you decide to proceed, you still need to meet the same standard of proof in your case. Your bicycle accident lawyer will provide evidence with a claim that shows why the driver is responsible for what happened. They will also include proof of your losses and explain why you deserve the money you seek. If you sue the responsible driver in court, you will include a statement of the facts, and you can continue building your case by obtaining evidence as the lawsuit progresses.
Negotiating Compensation for a Bicycle Wrongful Death Case
Knowing that your case may be worth a considerable amount of money given the magnitude of your family's losses, you must cautiously proceed when you are negotiating compensation for the loss of a loved one. There is no such thing as a second bite at the apple when settling a wrongful death claim or lawsuit.
You can expect a challenging negotiation with the insurance company with uncertain chances of success. Insurance companies will always offer you less than the compensation you deserve because that is how they do business. Although they expect you to reject a low settlement offer, they will still work hard to pay you as little as possible.
When you hire a bicycle lawyer for your case, you are already in a stronger position because your attorney knows the exact value of your lawsuit. Their simple presence sends a message to the insurance company that you will go the distance in your case if necessary. If the insurance company does not offer an appropriate settlement, you can and should take your case to a jury to get what you deserve. Accordingly, you should hire a bicycle accident lawyer with a track record of results, especially in trying cases and winning in the courtroom.
Why You Need a Bicycle Accident Attorney
Your family's focus should be on grieving and healing when the time is right. You must focus on each other and adjust to life without your loved one, and the legal process is the last thing you should involve yourself in during this difficult time. Speaking with an insurance company can be stressful even under better circumstances, but it is even more so after you have tragically lost a loved one. You can trust your bicycle accident lawyer with the details of your case, and they will use their experience and toughness to fight for you to get as much money as possible for your claim.
In addition to the legal aspects, a bicycle accident attorney can provide emotional support during this challenging time. They understand the impact a wrongful death can have on the family and will be there to listen, offer guidance, and provide reassurance throughout the legal process.
Call a Bicycle Accident Attorney Today
Losing a loved one in a bicycle accident is a tragedy no one should have to endure. While nothing can erase the pain, hiring a bicycle accident attorney for a wrongful death claim can help bring closure and provide the financial support needed to move forward. Do not face this difficult journey alone. Reach out to a Leander personal injury lawyer who will fight for your rights and pursue justice for the loss of your loved one.
