400 N Walker Ave #130, Oklahoma City, OK Phone: 405-605-2426
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.
Bicycle accidents often happen when least expected, resulting in grave, life-changing injuries. Bike wrecks can be an extremely frightening experience for anyone involved. In addition to collisions with cars or trucks on the road, people riding bicycles can hit objects on the road or encounter other hazardous road conditions that may lead to a dangerous crash.
At Hasbrook & Hasbrook, our personal injury law firm fights for bicycle accident victims daily. We know how grievous bike accidents can be, and we provide robust legal representation.
Regardless of how a bicycle accident occurs, it may be difficult to identify who is at fault and even harder to know what the first step should be.
Fortunately, a dedicated Edmond bicycle accident lawyer could offer that first step by answering questions and guiding you through the complicated process of proving liability to pursue compensation effectively.
While you and your family focus on healing, a capable personal injury attorney could help you recover the damages you deserve.
What an Edmond Bicycle Accident Lawyer Can Do for the Injured Party
An Edmond bicycle accident attorney can:
Identify hazardous road conditions.
Collect photographs of the collision scene and any damages to bicycles and vehicles.
Identify witnesses and obtain statements.
Secure police reports, hospital records, and primary care physician reports.
Gather documents like pay stubs to show financial loss due to time lost from work.
Hold the insurance company accountable by filing a lawsuit if a reasonable settlement offer is not made.
Let our team fight for your rights after a bike or motor vehicle accident. Contact us today to schedule a free case consultation.
Bicycle Laws in Edmond
In the State of Oklahoma, bicyclists are required to follow many of the same laws as motorists. While this may be good news for vehicle operators, it also means that bicycles have rights to the road.
Oklahoma has specific statutes for the rights and responsibilities of bicycle riders and motorists who encounter them.
Questions of liability can sometimes arise since many of these rules are only supposed to be followed when drivers or cyclists determine it is safe to do so.
Furthermore, some statutes leave room for individual interpretation. For example, motorists must stay three feet away from a bicycle when passing, but one person’s judgment of a three-foot distance may considerably differ from another.
Even with video evidence, it’s difficult to identify if the three-foot distance requirement was met before a wreck.
Common Causes of Bicycle Accidents
Bicycle accidents can happen for various reasons, often involving cyclists and motorists. Recognizing these common causes can help prevent accidents and keep riders safe. Our bicycle accident lawyers represent the rights of injured cyclists.
Driver Distraction
Distracted driving is a leading cause of bicycle accidents. Drivers who are not paying full attention to the road may fail to see a cyclist until it is too late. This can lead to collisions at intersections or when a driver exits a parking spot. Cyclists should remain vigilant and assume drivers might not always see them.
Right of Way Errors
Many bicycle accidents occur because drivers or cyclists misunderstand or fail to yield the right of way. Confusion at stop signs or traffic lights often leads to collisions.
Drivers may also improperly estimate a cyclist’s speed when turning in front of the rider at intersections. Cyclists and drivers must be aware of and respect right-of-way laws to avoid accidents. Lean on our experience with bicycle accident law to help you.
Speeding
Speeding reduces a driver’s ability to react to a cyclist on the road, leading to more critical accidents. Cyclists hit by speeding vehicles are more likely to suffer major injuries or fatalities.
Both drivers and cyclists should adhere to posted speed limits and remain alert. Lower speeds give drivers and cyclists more time to react and avoid accidents.
Poor Road Conditions
Potholes, uneven road surfaces, and debris can cause cyclists to lose control and crash. Local governments may be responsible for maintaining safe road conditions.
Cyclists should report hazardous road conditions to local authorities to help prevent accidents. Riding at a safe speed and paying attention to the road surface can also help cyclists avoid crashes.
Failure to Use Bike Lanes Properly
When bike lanes are available, accidents can still occur if they are not used correctly. Drivers might encroach into bike lanes, or cyclists might swerve into traffic lanes unexpectedly.
Both cyclists and drivers need to respect bike lanes as designated spaces. Proper use of bike lanes enhances safety for everyone on the road.
Factors Dictating the Size of Your Bike Crash Settlement
The size of a settlement in a bicycle accident case can vary widely based on several factors. Familiarity with these factors can help you set realistic expectations for your case.
Severity of Injuries
The severity of your injuries greatly influences the size of your settlement. More drastic injuries usually result in higher medical costs and potentially long-term rehabilitation needs. If your injuries affect your ability to work or lead to permanent disability, your settlement is likely to be larger to cover these extensive losses.
Liability Clarity
If it is clear that the other party was at fault, you are more likely to receive a higher settlement. Disputes over who was responsible can complicate the case and potentially reduce the settlement amount. Gathering evidence demonstrating the other party’s liability in causing the accident is imperative.
Insurance Coverage
The insurance policies in place can limit the amount of compensation available in a bike crash case. You might receive a larger settlement if the at-fault party has substantial insurance coverage. However, if the responsible party is underinsured or uninsured, the total compensation you can realistically obtain may be affected.
Legal Representation
Having experienced legal representation can significantly impact your settlement size. Personal injury attorneys who specialize in bicycle accidents know how to negotiate effectively with insurance companies. They can help ensure that all potential areas of compensation are pursued, increasing the overall settlement amount.
Comparative Negligence and the Courts
If a bicycle accident case goes to trial, the court (usually the jury) would need evidence to determine who is at fault. Oklahoma is a comparative negligence state, meaning that a percentage of fault can be assigned to the plaintiff and defendant in a bike crash case.
For example, if a motorist proves that a cyclist was impeding traffic during such an accident, a jury could find the bicyclist 30% at fault. In this case, the plaintiff’s verdict would be reduced by 30%.
However, if the bicyclist is found to hold a higher percentage of fault than the motorist, the cyclist—who may still be suffering from severe injuries—would be barred from financial compensation entirely.
Recoverable Damages After a Bike Crash in Edmond, OK
Assuming you or your lawyer can prove the negligence of who caused the accident, a bicycle accident victim can pursue damages to cover the property damage to the bike, medical bills, and intangible losses like pain and suffering. The plaintiff can also recover lost income for time missed from work.
If the injuries are permanent, a jury will also consider future medical bills, lost income, and future pain & suffering. The jury’s role is to decide liability and then award money to compensate the victim for what the accident has put the victim through.
FAQs
How long do I have to file a claim after a bicycle accident?
The statute of limitations, which applies to bicycle accidents, typically limits the time you have to file a personal injury claim. In Oklahoma, this period is two years from the date of the accident, but it can vary, so consult a personal injury attorney as soon as possible.
What should I do immediately after a bicycle accident?
First, ensure your safety and get medical attention even if injuries seem minor. Then, document the accident scene with photos and gather contact information from witnesses. This information will be crucial for filing an insurance claim or lawsuit.
Can I claim compensation if I was partially at fault in the bicycle accident?
Yes, depending on your state’s laws regarding comparative negligence, you can still claim compensation even if you were partially at fault. Your compensation, however, might be reduced by the percentage of fault you share in causing the accident. Let us help you with your bicycle accident claim.
Contact Our Edmond Bicycle Accident Lawyer To Schedule a Free Case Consultation
If you or someone you love suffered a serious injury from a bicycle accident, knowing the laws and gathering the information necessary to prove negligence may seem impossible. Through a thorough investigation of your case, an Edmond bicycle accident lawyer could begin collecting evidence needed to determine fault and identify the compensation you may be entitled to.
At Hasbrook & Hasbrook, our Edmond bicycle accident attorneys are ready to fight for you. We can help you maximize your compensation for bicycle accident injuries. Do not leave your future up to chance—call today for professional assistance with your bike accident case.