As a kid, one of the first things we are eager to learn is how to ride a bike. It was our first sense of freedom as we cruised through our neighborhoods. Many adults still enjoy bicycling and do it for all sorts of reasons, including exercise and green transport to work. Ideally, going out for a leisurely bike ride should never end in an accident due to the negligence of another person, but a bicycle accident can always happen whenever you take your bike out for a spin.
If you or a loved one has been injured or killed in a bicycle accident, it’s time to call Phillips Law Group. We do not settle for anything less than what you deserve, and you have a right to be compensated for your painful injuries, time off work, and other damages incurred as a result of someone else’s negligence.
A collision between a motor vehicle and a cyclist typically ends badly for the bike rider. Even if the cyclist is wearing a helmet, which the law does not require, significant and sometimes catastrophic physical injuries can occur.
A cyclist who lands forcefully on tarmac or gravel will suffer road rash —abrasions and friction burns on the skin. Severe cases of road rash can cause nerve damage, infections and sepsis, and may require surgical intervention and skin grafts. Other injuries cyclists may suffer in accidents include:
In addition, many cyclists suffer profound psychological injuries after a serious bike crash.
Your injuries may disrupt your routine and prevent you from working or going to school. The driver or other party responsible for the crash is legally obligated to pay you compensation, or damages, for all the harm you suffered. An experienced bicycle accident attorney in Phoenix can help you identify all parties who could be liable for your bike accident and hold them accountable.
Given how much more likely a bicyclist is to suffer serious injuries in a wreck compared to anyone inside a motor vehicle, you would be forgiven for assuming that motor vehicle drivers who strike and injure bicyclists are automatically considered liable for damages suffered by those bicyclists. In reality, though, bike accident victims in Phoenix, AZ have the same burden of proof as any other personal injury plaintiff, so their ability to obtain financial restitution will generally depend on whether they can prove someone else directly at fault for injuring them through a specific reckless, careless, and/or illegal act.
That said, it is possible for someone to hold indirect civil liability for a bicycling injury even if they were not directly involved in the accident which caused that injury. For instance, if a wreck stems partially or primarily from an unexpected malfunction in a bicycle component, a bike mechanic or manufacturer may hold civil liability for failing to identify and fix that faulty part. Likewise, if a wreck occurs partly due to a serious defect in a public road or bike path, a skilled attorney may be able to help file suit against a local government body over their failure to maintain public infrastructure in good condition.
The fact that someone was involved in an accident does not necessarily mean they can hold another party liable for their injuries. Whenever an injured person consults an attorney in Phillips Law Group’s Phoenix office about a bicycle accident case, they learn as much as they can about the situation to determine whether there is a valid legal claim.
They need to establish that the injured person has suffered actual damages like injuries that required medical treatment and interfered with daily activities, at least temporarily. If the injuries healed completely without medical care and did not prevent the injured person from working or disrupt their daily routine, their damages may not merit the time and expense of a legal claim.
It also must be evident that another party’s conduct was at least partially responsible for the injuries. There are two main theories of liability that come into play in bicycle accident cases: negligence and strict liability.
Most personal injury lawsuits are based on a negligence theory. To win a negligence case, an injured person must prove the defendant owed them a duty of care and failed to uphold it which led directly to an injury. Drivers have an obligation to use reasonable care to prevent injuries to others using the roads, and commercial drivers must meet a higher standard—they must use the utmost care.
Any proof the driver was speeding, distracted, or operating an unsafe vehicle is evidence of negligence. Police reports, dashboard camera footage, driver cell phone records, and video footage from traffic cams and nearby homes and businesses could provide evidence of negligence.
If a defective component in a bike, the involved vehicle, or a helmet or other gear contributed to the accident, an injured person could sue the manufacturer. Manufacturers are strictly liable for producing a defective product that causes an injury.
Proving a manufacturer is strictly liable usually requires input from experts. An injured person must demonstrate at least one of the following:
Sometimes a claim against a manufacturer alleges both negligence and strict liability.
Regardless of who specifically holds civil fault for a bike wreck, a rider injured in that wreck can demand compensation from all at-fault parties for all “compensable damages” they will ever experience because of their injuries. This can include but is not strictly limited to things like:
Arizona courts technically have the authority to impose punitive damages against personal injury defendants in addition to holding them liable for compensable losses, but courts only invoke that authority in rare situations involving extremely egregious negligence or, more often, intentional and malicious actions. Punitive damages are also usually subject to an informal cap based on the total amount of money an injured plaintiff receives for their compensatory damages. A Phoenix, Arizona bicycle accident attorney can help someone understand what they could be eligible to receive.
Something else courts can do when overseeing bicycle accident claims—and which insurance companies may do as well, knowing a court will support them if needed—is assign a percentage of “comparative fault” to an injured person. This represents the degree to which that person contributed to causing their own accident through their own negligent behavior, and in accordance with Arizona Revised Statutes §12-2505, it can be held against you as a proportional reduction from the value of your final damage award or settlement offer.
Support from a seasoned bicycle injury lawyer in Phoenix, AZ can be vital to proactively pushing back against accusations of comparative fault made by defendants named in bicycle crash lawsuits. In addition, legal counsel can play a key role in helping an injured bicyclist build and formally file the strongest possible claim within the applicable filing deadline, which—as per A.R.S. §12-542—typically falls two years after the date on which the bicyclist’s accident actually occurred.
According to the Centers for Disease Control and Prevention, “nearly 1,000 bicyclists die and over 130,000 are injured in crashes that occur on roads in the United States every year.”
Meanwhile, the Arizona DOT reported 1,279 bike accidents in recent years.
Causes of these incidents can include, debris on the road, obstructions, neglected roads and sidewalks, dog attacks, and negligence by other motorists.
If you have been injured in a bicycle accident, you can be compensated for your injuries. Phillips Law Group is here to help you get the money you deserve. Give us a call today to begin working with a dedicated Phoenix, AZ bicycle accident lawyer.
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