Bicycles are much less safe than cars because they offer little protection in the event of a collision. Unlike cars, which have metal frames, airbags, and seat belts, bicycles provide only the rider’s helmet for protection. This makes cyclists more vulnerable to severe injuries, such as broken bones, head trauma, and spinal cord injuries, in crashes involving motor vehicles.
Negligent drivers cause bicycle accidents in several ways. Common examples include failing to yield the right-of-way, speeding, distracted driving (such as texting), and driving too close to cyclists. These actions put cyclists at risk, as they may not have enough time to react or avoid a collision. Drivers who are under the influence of alcohol or drugs also pose a significant danger to cyclists, as they may have slower reaction times and impaired judgment.
If you suffered injuries in a West Virginia bicycle crash, a skilled bicycle accident attorney can help by investigating the accident circumstances, gathering evidence, and proving that the driver’s negligence caused the crash. They can negotiate with insurance companies to ensure you receive fair compensation for medical bills, lost income, pain and suffering, and other damages. If necessary, your attorney can also take the case to trial and pursue the best possible outcome for you.
Most Common Injuries in West Virginia Bike Accidents
Bike accident injuries in West Virginia can be particularly serious for a number of reasons, many of which relate to the state’s geography, road conditions, and the behavior of motorists. The mountainous terrain and winding roads often found in West Virginia make biking more dangerous, especially when drivers may not be accustomed to sharing the road with cyclists. In these areas, cyclists face narrow roads, sharp turns, and limited visibility, all of which increase the likelihood of an accident.
Additionally, many drivers in rural areas tend to drive at higher speeds, which can cause severe accidents when cyclists are involved. Motorists who are negligent – such as by texting while driving, speeding, or failing to give cyclists enough space – only make these conditions more dangerous.
The type of injuries cyclists can suffer in accidents where motorists are negligent varies, but they can be life-threatening or lead to permanent disability. The most common types of injuries include:
- Head Injuries: Even when wearing a helmet, cyclists can suffer concussions, skull fractures, or traumatic brain injuries (TBIs) in collisions. The impact of being thrown off the bike can cause the head to hit the pavement or other objects, leading to serious long-term effects like memory loss, difficulty concentrating, and motor impairments.
- Spinal Cord Injuries: A cyclist who is thrown from their bike can land awkwardly, resulting in spinal cord injuries that can cause paralysis or loss of sensation in parts of the body. This is often one of the most debilitating outcomes of a bike accident.
- Broken Bones: Cyclists are also at risk of broken bones, especially in the arms, legs, collarbones, or ribs. Fractures can range from minor to severe, often requiring surgery and long recovery times.
- Soft Tissue Injuries: Bruises, sprains, and strains are also common in bike accidents. These injuries can be painful and may take weeks or even months to heal fully.
- Internal Injuries: In severe crashes, cyclists may suffer internal injuries, such as damage to organs like the liver or spleen, which can be life-threatening if not treated immediately.
How Do Negligent Drivers Frequently Cause Bicycle Accidents in West Virginia?
Negligent motorists are a significant cause of bicycle accidents in West Virginia, and their actions often lead to serious injuries for cyclists. In a state with many rural roads, steep hills, and winding paths, the risks of bike accidents are heightened when drivers don’t pay proper attention or follow the rules of the road. A West Virginia bicycle accident attorney can prove fault and pursue compensation for your losses from the negligent party.
There are several common ways that negligent motorists cause accidents with cyclists in West Virginia. One of the most frequent causes of bike accidents is when a motorist fails to yield the right-of-way to a cyclist. This can happen when a driver turns left or right at an intersection or pulls out from a driveway without checking for approaching cyclists. When drivers don’t give cyclists the space they need to safely pass or turn, it often results in dangerous collisions.
Another common cause of bike accidents is motorists passing cyclists too closely. In many states, including West Virginia, the law requires that drivers give at least three feet of space when overtaking a cyclist. However, negligent drivers may pass too closely or make quick maneuvers around cyclists without considering the danger this causes. When a car passes too closely, it may strike the bicycle or cause the cyclist to lose control.
Moreover, distracted driving is a growing problem across the country, and West Virginia is no exception. Drivers who use their phones to text, check emails, or even use GPS devices can easily fail to notice cyclists on the road. This lack of attention can lead to sudden collisions or the driver drifting into a cyclist’s lane, causing serious accidents.
Speeding in areas where cyclists are common is another form of negligence that can cause accidents. In rural or mountainous areas of West Virginia, where roads may be narrow or winding, speeding can prevent a motorist from stopping in time to avoid a cyclist. Higher speeds also mean greater force in a collision, which can lead to more severe injuries for the cyclist.
Finally, alcohol and drugs can impair a driver’s judgment and reaction time, making them a serious risk for cyclists. When a driver is under the influence, they are less likely to notice cyclists, give them enough space, or react quickly to avoid a crash.
How to Prove Negligence in a West Virginia Bicycle Accident Claim or Lawsuit
To win a bicycle accident case in West Virginia, the injured cyclist must prove that the driver was legally negligent. Negligence is a failure to take proper care in doing something, and in the context of a bicycle accident, it involves showing that the driver’s actions or lack of action directly caused the crash. In West Virginia, as in most states, there are four key elements that must be proven in a negligence case: duty of care, breach of duty, causation, and damages.
The first element in proving negligence is establishing that the driver owed a duty of care to the cyclist. Every motorist on the road has a legal responsibility to drive safely and responsibly. This includes obeying traffic laws, being aware of pedestrians and cyclists, and not engaging in behaviors that put others in danger. In a bicycle accident case, the driver is expected to take extra care to avoid causing harm to vulnerable road users like cyclists.
The next step is to show that the driver breached their duty of care. This means proving that the driver acted in a way that a reasonable person would not have acted. For example, if the driver was texting while driving, speeding, or failing to yield the right-of-way, these actions would likely be considered breaches of their duty to drive safely. The breach might also be shown through evidence of distracted driving, failing to give the cyclist enough space, or driving under the influence of alcohol or drugs.
Once it’s established that the driver breached their duty, the injured cyclist must prove that this breach directly caused the accident. In other words, the breach must have been a substantial factor in bringing about the collision. For example, if the driver was texting and didn’t see the cyclist in time, leading to a crash, that would be direct causation. The injured cyclist must demonstrate that their injuries wouldn’t have occurred if the driver had acted reasonably.
Finally, the cyclist must show that they suffered actual harm or damages due to the accident. This can include physical injuries, medical bills, lost income, pain and suffering, or emotional distress. Medical records, bills, and testimony from doctors can help support these claims.
Determining the Value of a West Virginia Bicycle Accident Case
Determining the value of a bicycle accident claim or lawsuit in West Virginia involves several factors, as each case is unique. The value of a claim is based on the damages the injured cyclist has suffered, as well as the specific circumstances of the accident. While it’s difficult to give an exact dollar amount without all the details, there are several key elements that will influence the overall value of a case.
One of the most important factors in determining the value of a bicycle accident claim is the cost of medical treatment. This includes emergency care, hospital stays, surgeries, doctor visits, physical therapy, and ongoing medical needs. In West Virginia, as in most states, medical bills related to an accident can be a significant portion of the compensation sought. The more serious the injuries, the higher the medical costs, which can increase the overall value of the claim.
If the cyclist’s injuries prevent them from working, they may be entitled to compensation for lost income. This includes not only the time missed from work immediately after the accident but also any long-term loss of earning potential if the injuries result in a permanent disability. Proof of income, such as pay stubs or tax returns, is often used to calculate lost income.
Non-economic damages, such as pain and suffering, are harder to quantify but can significantly impact the value of a claim. These damages are awarded for physical pain, emotional distress, and mental anguish resulting from the bike accident. In West Virginia, the severity and duration of the injuries play a large role in determining how much pain and suffering compensation a cyclist may be entitled to recover.
The extent and long-term effects of the cyclist’s injuries are also major factors in valuing the claim. Severe injuries such as broken bones, head trauma, spinal injuries, or permanent disability generally result in higher compensation because they have a greater effect on the victim’s quality of life and future medical needs.
The value of a bike accident claim can also depend on the amount of insurance coverage available. If the driver was clearly negligent and carries sufficient insurance, the claim may result in a higher settlement or award.
Deciding Whether to Settle or Litigate a West Virginia Bike Accident Case
Deciding whether to settle or litigate a bicycle accident case in West Virginia depends on several factors, including the severity of the injuries, the strength of the evidence, and the potential outcome of going to trial. Both settling and litigating have their advantages and risks, so it’s important to carefully evaluate the circumstances before making a decision.
Settling is often a faster and less stressful option. When you settle, you agree to accept a lump-sum payment from the at-fault party’s insurance company in exchange for dropping the case. Settlements can be appealing for several reasons:
- Speed: Settling typically happens much faster than going to trial. It can take months or even years for a case to be resolved in court, while settlements can be reached in weeks or a few months.
- Certainty: A settlement provides a guaranteed payment. You know exactly how much compensation you’ll receive, which can be helpful for covering medical expenses, lost earnings, and other costs.
- Lower Expenses: Trials are expensive. Legal fees, court costs, and expert witness fees can add up quickly. Settling avoids these costs and typically results in a lower overall financial burden for the cyclist.
- Reduced Risk: When you settle, you avoid the uncertainty of a trial. Going to court means there’s a chance that the judge or jury may not rule in your favor, potentially resulting in little or no compensation.
However, settlements can sometimes result in lower payouts, as insurance companies may offer less than what you may receive at a trial. Also, once you accept a settlement, you generally cannot ask for more money later, even if your injuries worsen.
If your injuries are severe or the evidence against the driver is strong, litigation may be the better choice. Going to court gives you the chance to present your case in front of a judge or jury, potentially leading to a higher award. Litigation may be necessary if:
- The Insurance Company Won’t Offer Fair Compensation: If the insurance company offers a settlement that doesn’t cover your full medical expenses or pain and suffering, litigation may be necessary to pursue a fair amount.
- The Driver Denies Fault: If the driver denies responsibility or there is a dispute about the facts of the case, going to trial may be the best way to prove your case.
Ultimately, the decision to settle or litigate a bicycle accident case should be based on your individual situation, the severity of your injuries, and the advice of your attorney. A West Virginia lawyer with experience in bicycle accident cases can guide you through the process and help you make an informed decision.
Talk to an Experienced West Virginia Bicycle Accident Lawyer About Your Case Right Away
If you suffered injuries in a bicycle crash, you may be eligible to receive compensation for your injuries and other damages. A knowledgeable West Virginia bicycle accident attorney will carefully evaluate your claim, handle the legal steps for you, negotiate on your behalf, and, if necessary, litigate your case in the state court system. Speak with a skilled bicycle accident lawyer right away to determine your options.
Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.
