Road biking can be a thrilling experience, as it allows you to stay active, enjoy the outdoors, and even save on your commute. However, it also comes with its own set of risks. West Virginia cyclists should be aware of the potential dangers of road biking and take necessary precautions to ensure their safety. Unfortunately, accidents between cyclists and motor vehicles happen all too often, resulting in serious injuries or even fatalities.
Although there are steps you can take to protect yourself, such as wearing a helmet, using bike lights, and obeying traffic laws, you cannot always avoid negligent drivers who refuse to share the road. If you or a loved one was involved in a cycling accident, don’t hesitate to seek legal advice to discuss your rights and financial recovery options. Contact a West Virginia bicycle accident lawyer near you to discuss your claims as soon as possible.
Bicycle Accident Statistics: Serious Injuries and Fatalities
Cycling is a popular recreational activity and mode of transportation. However, it is essential to recognize the potential risks associated with cycling on the road. According to national data, approximately 500,000 bicycle-related injuries are treated in emergency departments annually. Furthermore, around 900 cyclists lose their lives in traffic accidents annually. These statistics highlight the importance of being cautious and informed while cycling on the road. By understanding the common causes of bicycle accidents and the laws that protect cyclists in West Virginia, you can take appropriate measures to enhance your safety.
West Virginia Laws Protecting Cyclists
West Virginia recognizes cyclists’ rights and has laws to protect them. Over the past few years, it has moved up the national rankings for bicycle safety. The state follows the ‘three feet passing law,’ which requires motorists to provide at least three feet of clearance when passing a bicycle on the road. Cyclists, in turn, are required to follow all traffic laws applicable to motor vehicles. It includes stopping at red lights and stop signs, signaling turns, and riding with traffic flow. Familiarizing yourself with these laws will help you understand your rights and responsibilities as a cyclist.
Dangers Associated with Sharing the Road
Sharing the road with larger vehicles can be intimidating and dangerous for cyclists. Some of the common road hazards cyclists face include:
Lack of Awareness from Motorists
Motorists often fail to properly share the road with cyclists due to a lack of awareness. Road bikers may disappear in drivers’ blind spots, or drivers may simply not be looking for riders. This negligence can lead to accidents, as motorists may not anticipate cyclists’ movements and speed. Cyclists should wear bright-colored clothing, use reflective gear, and always make themselves visible to motorists.
‘Dooring’ Accidents
Dooring accidents occur when a parked car unexpectedly opens its door into the path of a cyclist, causing a collision. It can result in serious injuries for the cyclist. Cyclists need to ride a safe distance from parked cars and be vigilant for any signs of doors opening.
Poor Road Conditions
Uneven pavement, potholes, and debris on the road pose a significant risk to cyclists. These hazards can cause cyclists to lose control and fall, potentially leading to severe injuries. Cyclists should exercise caution and be aware of roadway conditions, especially when riding in unfamiliar areas. Injured riders may also have a claim against the municipality or state for poorly maintained roads, but the deadlines for filing these claims pass quickly. You should contact an experienced bicycle accident attorney as soon as possible if you suspect public liability.
Aggressive and Reckless Drivers
Some motorists exhibit aggressive or reckless behavior towards cyclists because they do not want to get stuck behind a slower-moving vehicle. It can include tailgating, cutting off cyclists, and failing to yield the right of way. Cyclists should be alert and proactive in responding to such situations, ensuring their safety by riding defensively and avoiding confrontations with aggressive motorists. However, this is often not possible. Negligent drivers trigger many serious and fatal bicycle accident injuries in West Virginia.
Common Traffic Mistakes Causing Road Bike Accidents
While cyclists are responsible for following traffic laws, many accidents occur due to driver negligence. Common traffic mistakes that lead to road bike accidents include the following:
Failure to Yield
Motorists may fail to yield to cyclists at intersections, resulting in collisions. This can occur when drivers make right turns without checking for approaching cyclists or when they fail to give cyclists the right of way at crosswalks.
Distracted Driving
Distracted driving, such as texting or using a mobile phone while behind the wheel, significantly impairs a driver’s ability to see and react to cyclists. It can have serious consequences, as distracted drivers may not notice cyclists until it is too late to avoid a collision. Distracted driving is one of the leading overall causes of motor vehicle accidents in the United States.
Speeding
Excessive speeding reduces a driver’s ability to stop or maneuver their vehicle in response to unexpected road conditions or the presence of cyclists. It can greatly increase the risk of a collision, as cyclists may be unable to anticipate or avoid a speeding vehicle and the severity of the rider’s injuries. The faster the vehicle was moving, the more forceful the impact.
Failure to Check Blind Spots
Motorists who fail to properly check their blind spots before changing lanes or making turns put cyclists in danger. These blind spots can easily hide a cyclist from view, and drivers seldom check their surroundings for road bikers before making turning maneuvers.
Cyclist Injuries Often Sustained in Motor Vehicle Collisions
When a cyclist is involved in a collision with a motor vehicle, the injuries sustained can be severe. These life-altering injuries may include:
Head and Brain Injuries
Head and brain injuries are some of the most devastating injuries for cyclists involved in accidents. Wearing a helmet significantly reduces the risk of traumatic brain injuries, but it does not guarantee complete protection. Even with a helmet, cyclists can still suffer from life-altering head trauma, including:
- Concussions
- Skull fractures
- Diffuse axonal injuries (DAI)
- Brain hemorrhaging
- Brain death
- Coma
Both primary and secondary impacts, such as the primary force of the vehicle strike followed by the secondary impact with the pavement, often result in significant cyclist brain trauma.
Spinal Cord Injuries
A collision with a motor vehicle can cause spinal cord injuries, which can lead to partial or complete paralysis. These injuries have lifelong consequences and often require extensive medical treatment, rehabilitation, and long-term care. Even slipped and herniated discs can result in extreme pain and resulting disabilities.
Fractures and Broken Bones
The impact of a collision can result in fractures and broken bones for cyclists. The most common fractures occur in the wrists, arms, collarbones, and legs. These injuries can be painful and may require surgery or prolonged periods of immobilization to heal properly.
Soft Tissue Injuries
Soft tissue injuries, such as strains, sprains, and contusions, are also common among cyclists involved in accidents. These injuries can cause significant pain, swelling, and limited mobility and require medical attention and rehabilitation. Though seemingly minor in comparison to other injuries, construction workers and other manual laborers may incur significant lost earnings from the pain.
Emotional and Psychological Trauma
Cyclists involved in accidents may also experience emotional and psychological trauma, such as post-traumatic stress disorder (PTSD) or anxiety. These injuries are often overlooked but can have a profound impact on a cyclist’s quality of life and overall well-being.
Options for Recovering Insurance Compensation After West Virginia Bicycle Accidents
If you were involved in a bicycle accident, you may be entitled to compensation for your injuries and damages. There are several options available to recover insurance compensation:
Bicycle Insurance
Some cyclists have insurance policies specifically designed to cover bicycle accidents. These policies may provide coverage for medical expenses, bike repair or replacement, and even compensation for lost earnings due to an inability to work because of the accident.
Personal Injury Protection (PIP)
If you have personal injury protection (PIP) coverage as part of your auto insurance policy, it may provide coverage for medical expenses and lost earnings resulting from a bicycle accident. PIP coverage is often available regardless of who was at fault for the accident.
Motorist’s Insurance
If the driver involved in the bicycle accident is found to be at fault, his insurance may provide coverage for your injuries and damages. It can include compensation for medical expenses, pain and suffering, lost earnings, and property damage.
Uninsured/Underinsured Motorist Coverage
In cases where the driver does not have sufficient insurance coverage to fully compensate you for your injuries and damages, your own uninsured/underinsured motorist coverage may come into play. This coverage is designed to protect you in the event of an accident with an uninsured or underinsured driver.
A qualified West Virginia bicycle accident lawyer may file claims with all available insurance policies to maximize available compensation after a devastating cycling crash.
Compensation Available to Negligently Injured Road Bikers in West Virginia
If you suffered an injury in a bicycle accident due to the negligence of another party, you may be entitled to various damages. The following damages are commonly available to negligently injured cyclists in West Virginia:
Medical Expenses
You may be entitled to compensation for the cost of medical treatment related to the bicycle accident. Compensation may include reimbursement for the following:
- Hospital stays
- Surgeries
- Doctor visits
- Medications
- Physical therapy
- Home nursing care
- Medical equipment
A local personal injury lawyer may also help you obtain damages for future anticipated medical expenses.
Pain and Suffering
Injuries sustained in bicycle accidents can cause physical pain and emotional distress. Compensation for pain and suffering aims to provide financial recovery for the physical and emotional toll the accident has had on your life and is available in West Virginia.
Lost Earnings and Loss of Earning Capacity
If your injuries from the bicycle accident have caused you to miss work or have resulted in a decreased ability to earn income in the future, you may be entitled to compensation for lost earnings and loss of earning capacity.
Property Damage
If your bicycle was damaged or destroyed in the accident, you may also obtain compensation for the cost of repairing or replacing your bike.
The Benefits of Retaining a West Virginia Bicycle Accident Attorney
After a bicycle accident, seek legal representation to protect your rights. Benefits of contacting a personal injury law firm include the following:
Knowledge
Bicycle accident lawyers often focus their practice on personal injury law and have experience handling bicycle accident cases. They understand the unique challenges and legal considerations in seeking compensation for road bike injuries.
Legal Guidance
A bicycle accident attorney will guide you through the entire legal process, from investigating the accident and gathering evidence to negotiating with insurance companies and representing you in court if necessary. She will protect your rights and help you make informed decisions about your case.
Maximize Compensation
An experienced personal injury lawyer will work diligently to maximize the compensation you are entitled to. He will assess the full extent of your injuries and damages, including economic and non-economic ones, and fight for fair and just compensation on your behalf.
Dealing with Insurance Companies
Insurance companies often try to minimize liability and offer accident victims low settlement amounts. A bicycle accident attorney will handle all communication with insurance companies on your behalf, ensuring your rights are protected and greatly reducing the stress associated with filing a claim.
By retaining a West Virginia road bike accident lawyer, you can focus on your recovery and have peace of mind knowing that a dedicated professional is handling your legal matters.
Connect with a West Virginia Bicycle Accident Attorney
If you or a loved one suffered an injury in a bicycle accident in West Virginia, contact an attorney near you who handles personal injury cases to discuss your case and explore your legal remedies. An experienced personal injury attorney in West Virginia will provide the necessary guidance and support to help pursue fair compensation for your injuries and damages, often without charging any upfront costs or legal fees. Don’t hesitate. Call a local bicycle accident law firm today.
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.
