Bicycle accidents are far more severe for a bicyclist than a motorist. A bicyclist is not protected by the same laws as a car driver and can be seriously injured or killed in an accident with another vehicle. Plus, they do not have much gear to protect themselves from injury and often have a long road to recovery following an accident.
Our attorneys will work hard to ensure you receive compensatory damages for your losses. If you or a loved one was injured in a bicycle accident, retain a Louisville bicycle accident lawyer so you can receive the financial compensation you deserve.
What Are Cyclists’ Rights in Kentucky?
In Kentucky, bicyclists have many of the same rights as vehicle drivers. This means all cyclists should expect drivers to display the same courteous behaviors on the road as they would with another vehicle. Any accident that occurs generally happens because a driver was negligent.
Listed below are statements from rules and statutes compiled by the Kentucky Transportation Cabinet related to bicyclists.
- Drivers must share the road with bicyclists responsibly and cannot violate their right of way.
- Bicyclists can ride on the shoulder of the road.
- If two bicyclists are on a single-lane highway, they can ride side-by-side on the road.
- Bicyclists must use designated bike lanes wherever they are available. If the bike lane is blocked or unsafe because of poor conditions, bicyclists do not have to use the bike lane.
- Drivers must look before passing.
- Drivers must check for bicyclists when opening their car doors.
For a free legal consultation with a bicycle accidents lawyer serving Louisville, call 800-333-9999
What Parties Could Be Responsible for the Accident That Injured Me?
Bicycle accident cases mainly focus on the other vehicle driver and their negligent actions. However, other parties could be at fault in your case. A trucking company could have instructed their driver to travel farther and for longer than is legal. A brakes manufacturing company could have sold defective products that failed and ended up causing your injury.
A bicycle accident lawyer can help prove that the responsible party was negligent and that their actions caused the accident and your injuries. Doing the necessary work alone can be overwhelming when trying to heal from significant injuries. Our team is here to take on the tasks for you.
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What Qualifies As Negligence in a Louisville Bicycle Accident Case?
A driver might be negligent toward bicyclists on the road. An attorney will go through evidence to look for what caused the accident. Some of the most common types of negligence include:
Aggressive Driving
Sometimes, the driver may feel like the road belongs to them. Because of this, the motor vehicle operator may refuse to yield or fail to give bicyclists enough room to maneuver safely. Aggressive drivers could also speed or weave in and out of lanes wildly.
Driving While Intoxicated
Driving while intoxicated or under the influence of other substances will impair a driver’s judgment. This makes it a dangerous mix when they encounter a bicyclist.
Distracted Driving
Distracted driving takes the driver’s eyes away from the road and anything that might be on it. This includes (but is not limited to) texting, talking on the phone, eating or drinking, or viewing a GPS.
Inexperienced Driving
Newer drivers of motor vehicles on the road may become nervous whenever they encounter something new or unfamiliar. Facing bicyclists on the road may make more recent drivers uneasy because they do not know what to do. This fear could cause the driver to make critical mistakes.
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What Kinds of Damages Could I Pursue?
As long as your attorney serving Louisville can prove the at-fault party was negligent, victims of a bicycle accident are eligible for compensation. These damages are typically divided into two categories, economic and non-economic damages:
Economic Damages
Economic damages include any monetary loss caused by the accident or its injuries. This includes:
- Medical bills: If you were injured in an accident, you would likely incur medical expenses. The amount of these costs depends on the severity of your injuries.
- Lost wages: If you missed time from work due to your injuries, you should receive compensation for lost income.
- Property damage: Bike repair bills, rental fees, and replacement parts all count towards property damage.
Non-Economic Damages
These are non-monetary issues that arise from the injuries sustained in the accident. For example, the following are considered non-economic damages:
- Emotional distress: When someone suffers emotional injuries after being involved in an accident, they may need counseling or therapy.
- Loss of enjoyment of life: Bicyclists often enjoy riding bikes. After an injury, a victim may no longer be able to ride.
- Pain and suffering: Pain and suffering refers to physical pain and emotional distress. It is difficult to quantify exactly how much someone has suffered physically or emotionally after being involved in a bicycle accident.
- Wrongful death: In some cases, a person who dies in an accident caused by negligent parties can sue for wrongful death. Kentucky negligence laws state that if a person dies within one year of their accident, their family members can file a lawsuit against the responsible party.
In addition to these losses, some people may seek punitive damages if their injuries are severe. Punitive damages are designed to punish the defendant who committed the wrongful act. They are awarded only in extreme cases where the defendant acted with malice or reckless disregard for others’ safety.
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Common Causes of Bicycle Accidents
Sadly, many, if not the majority of bicycle accidents are caused by negligent drivers. That’s because numerous drivers are careless, preoccupied, and make risky decisions that endanger pedestrians and cyclists.
It can help to understand what causes these accidents and how drivers can optimize their awareness and do their part in safeguarding everyone else on the road.
Some of the most common causes of bicycle accidents in Kentucky include:
- Distraction: Drivers become distracted when they use cell phones, text messages, or other devices while operating a vehicle.
- Improperly maintained roads: Roads that are poorly maintained can lead to dangerous conditions. For example, road hazards such as potholes, debris, and loose gravel can cause cyclists to lose control.
- Defective equipment: Defective safety gear like bike helmets, brakes, lights, and tires can contribute to accidents.
- Drivers not paying attention: Drivers who fail to pay attention to traffic signals, signs, and pedestrians can cause accidents.
- Speeding: Speeding drivers may not see cyclists until it is too late.
- Drivers failing to check blind spots: Drivers must be aware of their surroundings at all times. If they fail to look out for vehicles coming from behind them, they could collide with a bike rider.
- Poor weather conditions: Rainy days, snowstorms, and icy roads can make cycling more hazardous than usual.
- Unsafe driving behaviors: Unsafe driving behaviors like speeding, running red lights, changing lanes without looking, and failing to obey stop signs.
- A motorist fails to look for cyclists before opening their door: Bicycle riders can experience catastrophic injuries if a motorist opens their car door in their path.
- A motorist makes a right-hand turn into the path of a bicyclist: Motorists should always yield to bicycles when turning left or right; however, if they don’t, you may have an injury claim for negligence.
Louisville Bicycle Accident Injuries
Bike accidents often result in severe injuries to accident victims, including:
- Broken bones
- Head trauma
- Spinal cord injuries
- Internal organ damage and other internal injuries
- Road rash
- Traumatic brain injury (TBI)
- Severe head injuries
- Severe burns
The severity of your injuries will depend on several factors, including the type of accident, whether you wore a helmet, and the speed of the collision.
Contact our law firm today if you’ve been injured in a Louisville bicycle accident. We’ll review your case and determine whether we can help you recover proper compensation for damages. Then we will conduct negotiations with the insurance adjusters.
Our team has experience and knows how to negotiate settlements; however, we are not afraid to take your personal injury claim to court if we have to.
You Do Not Need to Be Wealthy to Hire Representation for Your Accident Case
Each type of lawyer charges differently. Some might charge by the hour, and others require you to pay all at once. For example, a bankruptcy lawyer will likely charge differently than a personal injury lawyer.
The Isaacs & Isaacs Personal Injury Lawyers team does not charge fees or costs unless we win your case or reach a settlement outside of court. You risk nothing by hiring our services.
We offer free consultations so that you can learn about your legal options and how much money you deserve for your injuries.
Kentucky Usually Only Allows a Limited Time to Take Legal Action After Accidents
In Kentucky, victims usually have two years from the accident date to file a lawsuit under Ky. Rev. Stat. §304.39-230. Do not delay taking legal action, as you risk losing your chance at compensation if you fail to file your lawsuit on time.
The first couple days, weeks, or even months following a bicycle accident can be extremely overwhelming and exhausting. It may be challenging to think clearly or decide to pursue compensation. However, the sooner you act, the sooner your Louisville lawyer can get started on your bicycle accident case.
About Isaacs & Isaacs Personal Injury Lawyers
Isaacs & Isaacs Personal Injury Lawyers has helped many clients receive their compensation. The team has helped clients recover over $2 billion in settlements throughout Kentucky, Indiana, and Ohio. We are always ready to help new clients navigate the legal process.
Our attorneys have more than four centuries of combined legal experience. We even have a Spanish-speaking team of attorneys and paralegals. In addition, our firm provides a mock courtroom at the Cherokee Road office. This helps clients better prepare for court and become familiar with what will happen if they take their case to court.
Our Team Is Ready to Hear Your Story and Offer Aid
Bicycle accidents can be severe. The resulting injuries can take a long time to heal and might require therapy and treatment to recover fully. You must know your rights and protect them during this time.
If you or a loved one was injured in a bicycle accident, contact Isaacs & Isaacs Personal Injury Lawyers today for your free consultation.
Call or text 800-333-9999 or complete a Free Case Evaluation form
