Getting into a bike accident can result in serious, often life changing, injuries. These accidents can change every aspect of your life and can pose complex legal challenges, leading to a myriad of misconceptions regarding bike accidents. Our Utah bike accident lawyers want to demystify bike accidents and help you understand the truth behind these serious cases. We understand the intricacies that bike accidents pose and we believe that understanding these complexities can help empower you to seek the justice that you deserve. In this article we aim to debunk 6 common myths about bike accidents and help you get a better understanding of the more intricate details of a bike accident.
Myth 1: Cyclists Always Have the Right of Way
Reality: Right of Way is Determined by Multiple Factors
Cyclists are often given certain privileges and rights that most motor vehicles don’t receive, however this does not mean that a bicycle always has the right of way. As a cyclist it is important to recognize that a bicycle is recognized as a vehicle here in Utah, meaning that traffic laws apply the same way to a cyclist as they do any other motor vehicle. This means that cyclists have a responsibility to adhere to all traffic signals, signs, and right of way rules. If an accident is caused by a cyclist disregarding a traffic law then they may be found at fault or partially at fault for the accident.
Myth 2: Helmets are Legally Required Everywhere
Reality: Helmet Laws Differ State to State
Helmet laws are not universal in the United states and they change from state to state. In some states a helmet is firmly mandated by law and is required to be worn by all cyclists. While other states may only require them for minors or have no helmet laws at all. Here in Utah there is no law that requires an individual to wear a helmet while riding a bicycle, however our Utah bike accident lawyers strongly advise in wearing a helmet as it is your number one defense against traumatic brain injuries and death in the event of an accident.
Myth 3: Cyclists Cannot Claim Compensation if They Were Partly at Fault
Reality: It Depends Where the Accident Occurs
If you were involved in an accident and are found to be partially at fault your path to compensation can depend heavily on whether or not the state you are in has comparative negligence laws. Here in Utah we apply comparative negligence laws to all accident cases, meaning that you are still able to recover damages from your accident even if you were partially at fault.
Comparative negligence works by adjusting the compensation you receive based on your apportioned fault (if you were responsible for 20% of the accident you would receive 20% less in the settlement). This is important to recognize as it does mean you are able to seek recovery for your injuries even if you may be partially responsible for the accident.
Myth 4: Bicycle Accidents are Always the Cyclist’s Fault
Reality: No, Cyclists are not Always Responsible for Accidents
This myth is based purely on the stereotype that cyclists are reckless and irresponsible. In reality the majority of bicycle accidents are caused by negligent drivers who, more often than not, fail to see or yield to a cyclist. Not seeing a cyclist combined with distracted driving, speeding, and failure to obey traffic laws all are common contributions to the causes of bicycle accidents.
Myth 5: Cyclists are not Entitled to the Same Legal Protections as Motorists
Reality: Cyclists Have all the Same Rights as Motorists
When riding a bike you have the same rights and responsibilities as any other road users. A bicycle is considered a vehicle in Utah, meaning that it has the same rights to use the road and is protected under the same traffic laws. In the event of an accident, a cyclist has the same rights to seek compensation for all medical bills, lost wages, pain and suffering, just like any other motorist.
Myth 6: Filing a Bicycle Accident Claim is Not Worth the Effort
Reality: Filing a Claim can Help Recover the Damages You Suffered.
In the event of an accident some victims may believe that an injury claim is too time consuming to pursue or that the compensation you can receive will not cover the expenses that they incur. However, with the help of an experienced Utah bike accident attorney, the process can become much more manageable, and the compensation can be substantial. An injury claim can cover expenses received from medical treatment, rehabilitation costs, lost wages, and pain and suffering, and hiring a personal injury can ensure that these damages are claimed.
Understanding the reality behind these common misconceptions is essential for anyone who has been involved in an accident. Here at LifeLaw Personal Injury, our Utah bike accident lawyers are dedicated to helping anyone who has been in a bike accident get the justice and the compensation that you deserve.
If you or a loved one has been injured in a bicycle accident, reach out to the bike accident experts at LifeLaw Personal Injury. Our attorneys are well versed in the world of cycling in fact, one of our attorneys David Francis was a member of the US Cycling Team for three years alongside teammates Lance Armstrong, Jonathan Vaughters, and George Hincapie among others. We believe this specialized knowledge allows us to represent your bike accident case better than any other attorney. Contact us today for a free consultation, and to discuss your options further.