Even the most road-savvy and conscientious bicyclist can become involved in a devastating accident. The Kentucky Transportation Cabinet reports 10 bicyclists died from crashes in 2018, and 244 injured. As more cyclists take to the streets, enjoying their rights on the road, we will likely see a continued increase in bike accidents.
Given their almost-complete lack of physical protection on the road, cyclists almost always come away with more severe accident-related injuries than the motorist. These injuries often involve lengthy, expensive, and emotionally draining recovery periods.
If you’ve suffered injuries in a bike accident or lost a loved one in an accident fatality, you might qualify for compensation for your damages. At Ben Crump Law, PLLC, a Louisville bicycle accident lawyer can act as your advocate and fight for your rights to justice and compensation. Call our team today at (800) 761-5225 for a risk-free consultation.
Understanding Your Rights as a Cyclist
Kentucky grants bicyclists the same rights as motor vehicle drivers. As a cyclist on the roads of Louisville and the surrounding counties, you have the right to expect certain behavior from other motorists. When others’ negligent acts result in a collision, you have the right to hold the responsible parties liable for their negligence.
The City of Louisville highlights the laws and ordinances that govern motor vehicle drivers and bicycle riding throughout the Derby City:
- Cyclists enjoy many of the same rights and protections as motor vehicle drivers.
- Motorists must responsibly share the road with bicyclists and cannot violate their right of way.
- Bike riders can ride on the shoulder of the road.
- Two bicyclists can ride side-by-side in a single lane on highways.
- Cyclists must use designated bike lanes wherever possible. Exceptions to this rule include blocked bike lanes or those considered unsafe due to poor conditions.
- All drivers must leave at least three feet of space between their car and a cyclist when driving behind a bicycle.
- Motorists must look before passing, pass only when they can allow three feet of space between them and a cyclist, and return to their lane only when it is safe.
- Motorists must check for cyclists when opening the car door.
It is important to remember that your rights as a cyclist apply regardless of whether you wore a helmet or adhered to other precautionary safety measures. Personal injury claims focus on the negligent behavior that caused the accident, not the rider’s adherence to safety protocols. However, under KRS § 411.182, a court could reduce your award if it finds you shared fault for your injuries.
If you feel a driver violated your rights as a cyclist, with your injuries a direct result of that violation, you might want to contact a Louisville bicycle accident lawyer to discuss your case. Call Ben Crump Law, PLLC, today to learn more.
For a free legal consultation with a bicycle accidents lawyer serving Louisville, call 800-761-5225
Proving Negligence in a Bicycle Accident Case
The days immediately following a bike accident can overwhelm and exhaust a victim, resulting in extreme physical and mental pain. Remaining in constant contact with insurance companies, local law enforcement, and other involved parties can become more than victims can handle in the critical weeks after an accident. A Louisville bicycle accident attorney can take the responsibility off your shoulders and grant you the ability to focus your energy on your recovery.
One critical area where a lawyer can help is in establishing the negligence of the at-fault driver for your crash. Some common types of driver negligence that result in bike accidents include:
- Distracted driving: This category includes texting, talking on the phone, eating or drinking, studying a GPS navigation system, or any other action that takes a driver’s eyes off the road.
- Aggressive driving: A driver might feel entitled to the lane, refusing to yield or provide the space cyclists need to maneuver safely, or they might speed or recklessly weave in and out of lanes.
- Driving while intoxicated: A driver does not need to blow a .08 on a breathalyzer to be driving under the influence of alcohol, drugs, or other mind-altering substances.
- Inexperience: Drivers without a lot of experience behind the wheel might become nervous and make mistakes while around bicyclists.
Louisville Bicycle Accident Lawyer Near Me 800-761-5225
Consult a Louisville Bicycle Accident Lawyer
Car doors, blind spots, and right turns often cause bike accidents. Many of these offenses are unintentional and result more from driver error or inexperience than aggression. Still, regardless of the accident’s cause, a Louisville bicycle accident lawyer understands the challenges and dangers cyclists face and works with victims to ensure their rights stay protected.
A bike accident attorney can do the following for you:
- Communicate with your insurance company and the car driver’s provider to ensure you receive fair settlement offers that cover all your accident-related expenses, including medical and repair bills, lost income, and pain and suffering. If they propose an unfair settlement, they can negotiate on your behalf.
- Explain state and municipal bike laws to give you a comprehensive understanding of whether the driver violated your rights and allow you to make an educated decision about pursuing a personal injury claim.
- Investigate the accident by working with local authorities, reviewing eyewitness reports, traffic camera footage, and more.
- Evaluate your injuries and determine what your recovery involves assessing what financial compensation you could recover.
- File your claim in a timely manner that adheres to the state’s statute of limitations. In Kentucky, the statute of limitations for bike accidents involving a motor vehicle is two years per KRS §304.39-230(6).
If you or a loved one has suffered injuries in a bike accident, you could qualify to recover full compensation for your medical bills, lost income, bike repair bills, and pain and suffering. A Louisville personal injury lawyer will gather evidence, develop legal strategies, and pursue the justice and compensation you deserve.
Call Ben Crump Law, PLLC, Today
You might want to contact a Louisville bicycle accident lawyer as soon as possible after your incident. Not only does the state have a strict statute of limitations, but the longer you wait, the more likely evidence could get lost or destroyed. Call Ben Crump Law, PLLC, today at (800) 761-5225 to discuss your case for free with a team member.