Negligent drivers often cause bicycle accidents in shared bike lanes by failing to follow traffic laws or by driving recklessly. Common examples include drivers turning without checking for cyclists, drifting into bike lanes, speeding, or using a phone while driving. These actions can lead to serious accidents, leaving cyclists injured or worse.
If you suffered injuries in one of these accidents, a skilled Calgary bicycle accident lawyer can handle the legal aspects of the case for you by thoroughly investigating the incident circumstances, gathering evidence, and determining liability. They will collect important information such as police reports, medical records, and witness statements to build a strong case. A lawyer will also negotiate with insurance companies on your behalf to ensure you receive fair compensation for your injuries, lost income, pain and suffering, and other damages. If a fair settlement cannot be reached, the lawyer will take the case to court, fighting for the fair compensation you deserve.
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Types of Injuries that a Bicyclist May Suffer in an Accident
When a driver causes an accident involving a bicyclist in a shared bike lane, the cyclist can suffer a wide range of injuries, many of which can be severe due to the lack of protection compared to a motor vehicle.
The force of impact from a collision can throw the cyclist off balance, sending them crashing onto the pavement, another vehicle, or even into stationary objects like curbs, signs, or guardrails. This often results in broken bones, including fractures in the arms, legs, collarbone, or ribs, depending on how they land. The sudden and forceful nature of these crashes can also cause head injuries, even if the cyclist is wearing a helmet. Concussions and traumatic brain injuries may occur when the victim’s head strikes the ground or another hard surface, leading to symptoms such as dizziness, confusion, headaches, or even long-term cognitive impairments in severe cases.
Beyond broken bones and head trauma, cyclists often sustain significant soft tissue injuries, including deep cuts, bruises, and road rash, which happens when the skin is scraped against the rough asphalt. These injuries can be painful and prone to infection, sometimes requiring stitches or skin grafts if the damage is extensive. Internal injuries are another serious risk, especially if the cyclist is struck directly by a vehicle. The impact can cause internal bleeding or organ damage, which may not be immediately visible but can be life-threatening without prompt medical attention.
Spinal injuries can also occur when a cyclist is hit with enough force, leading to temporary or permanent paralysis in extreme cases. Damage to the neck or back can result in chronic pain and mobility issues, affecting a person’s ability to work or perform everyday activities. Even when an accident does not cause life-threatening harm, it can leave the cyclist with lingering pain, nerve damage, or limited range of motion in their joints.
Emotional trauma is another factor, as the shock of being hit by a vehicle can lead to anxiety, depression, or even post-traumatic stress disorder, making it difficult for some cyclists to feel safe on the road again. The severity of injuries depends on factors such as the speed of impact, the angle of the collision, and whether the cyclist was able to brace for the crash.
How Do Negligent Drivers Cause Bicycle Accidents in Shared Bike Lanes?
Negligent drivers are a major cause of bicycle accidents in shared bike lanes, often putting cyclists at risk of serious injury. One of the most common ways they cause accidents is by failing to check their surroundings before merging or turning. When drivers make right or left turns without looking for cyclists in the bike lane, they can cut them off or strike them directly. A driver who is distracted, whether by a phone, the radio, or a conversation, may not notice a cyclist until it is too late. Even a momentary lapse in attention can have devastating consequences when sharing the road with vulnerable riders.
Another way drivers cause accidents is by drifting into bike lanes. Whether due to careless driving, drowsiness, or impairment, a driver who strays into the designated space for cyclists can sideswipe them or force them to swerve into traffic. In some cases, drivers park or stop in bike lanes, creating an obstacle that forces cyclists to merge into regular traffic lanes, where they are more exposed to high-speed vehicles. These situations become even more dangerous when drivers fail to yield properly at intersections, ignoring stop signs or red lights and putting cyclists in their direct path.
Speeding is another significant factor in bicycle accidents. A driver going too fast has less time to react to a cyclist, making it more likely that they will hit the cyclist. Even if the driver manages to stop in time, the force of the near-collision can cause a cyclist to lose control and crash. Impaired driving is equally dangerous, as alcohol or drugs reduce a driver’s ability to judge distances, maintain control of their vehicle, and react to cyclists in their vicinity.
One of the most preventable but still frequent causes of bike lane accidents is “dooring.” This happens when a driver or passenger in a parked car opens their door into the bike lane without checking for approaching cyclists. A cyclist who crashes into an unexpectedly opened door may be thrown into traffic or onto the pavement, leading to serious injuries.
Steps of Settling or Litigating a Bicycle Accident Case Involving a Shared Bike Lane
Settling or litigating a bicycle accident case due to a negligent driver in a shared bike lane involves several important steps. A lawyer can handle the entire process to ensure that you receive fair compensation for your injuries, damages, and losses. The process begins with an initial consultation, where the lawyer will review the details of your case, including how the accident happened, the extent of your injuries, and any available evidence. They will explain your legal rights and options, helping you decide whether to pursue a settlement or go to court.
Next, the lawyer will conduct a thorough investigation. This includes gathering police reports, medical records, witness statements, and any available video footage. They may also consult accident reconstruction experts to establish how the crash occurred and prove the driver’s negligence. Your lawyer will also assess the total damages, considering lost earnings, pain and suffering, and any long-term effects of the accident.
Once the evidence is collected, your bicycle accident lawyer will send a demand letter to the at-fault driver’s insurance company. This letter outlines the facts of the case, the injuries sustained, and the amount of compensation being sought. The insurance company will then review the claim and either accept, negotiate, or deny it. If they offer a settlement, your lawyer will negotiate on your behalf to ensure you receive a fair amount rather than a lowball offer that does not cover your full damages. Many cases are settled at this stage, avoiding the need for a lawsuit.
If the insurance company refuses to offer a reasonable settlement, the lawyer may file a lawsuit. This begins the litigation process, where both sides exchange evidence and information in a phase called discovery. During this time, depositions may be taken, where witnesses and experts provide sworn testimony. The lawyer will continue negotiating with the insurance company, as many cases settle before going to trial.
If a fair agreement cannot be reached, the case goes to trial. Your lawyer will present evidence, question witnesses, and argue the case before a judge or jury. If successful, the court will award compensation. Throughout the process, your lawyer will handle all of the legal aspects, allowing you to focus on your medical recovery while fighting for the best possible outcome.
How to Prove a Driver’s Negligence in a Bicycle Crash in a Shared Bike Lane
Proving that a driver was negligent for causing a bicycle collision in a shared bike lane requires strong evidence. A lawyer handling the case will focus on four key elements of negligence: duty, breach, causation, and damages. First, they must establish that the driver had a duty to follow traffic laws and drive safely around cyclists. Then, they need to prove that the driver breached this duty, meaning that they acted carelessly or violated the rules of the road. Next, they must demonstrate that the driver’s actions caused the accident. Finally, they must establish that the cyclist suffered real damages, such as injuries, financial losses, and pain and suffering.
The most helpful types of evidence in proving negligence include police reports, which often contain key details about how the accident happened and whether the driver was cited for any traffic violations. If the report indicates that the driver was speeding, distracted, or failed to yield, this can serve as strong proof of negligence. Witness statements from bystanders, other drivers, or fellow cyclists can also support the case by providing firsthand accounts of what happened. Eyewitnesses may confirm that the driver was using a phone, drifted into the bike lane, or made an illegal turn when the accident occurred.
Video footage is another powerful form of evidence. Traffic cameras, surveillance cameras from nearby businesses, or dashcam footage from other vehicles may capture the moment of impact or show the driver’s reckless behaviour leading up to the crash. Additionally, physical evidence at the scene, such as skid marks, damage to the bicycle, or debris from the crash, can help reconstruct how the accident happened.
Medical records play a key role in linking the accident to the cyclist’s injuries. If a cyclist seeks medical treatment immediately after the crash, their records can prove the extent of their injuries and how they resulted from the accident. A lawyer may also work with accident reconstruction experts who can analyze all the available evidence and provide a professional opinion on how the driver’s negligence led to the collision. By gathering and presenting this evidence effectively, a lawyer can build a strong case to hold the driver accountable and seek fair compensation for the injured cyclist.
Compensation You Can Receive in a Bicycle Accident Case
In a bicycle crash case involving a shared bike lane, a bicyclist can recover compensation for the various losses they suffer due to the accident. These compensations help to address the full effect the accident has on their life.
- One typically significant loss is lost earnings, which covers the income the cyclist loses if they are unable to work due to their injuries. In serious cases, a cyclist may have to take time off work for recovery, potentially missing days, weeks, or even months of pay. If the injuries are severe enough to affect the cyclist’s ability to return to their previous job, they may also be entitled to compensation for any permanent loss of earning capacity. This can be a significant part of the case – especially if the injuries lead to long-term disability or a need to switch careers.
- Another compensable loss is pain and suffering, which seeks to compensate the cyclist for the physical pain and emotional distress resulting from the accident. This includes both the immediate pain following the crash as well as any ongoing discomfort, such as chronic pain or long-term disability. Pain and suffering damages can also include mental anguish, such as anxiety, depression, or post-traumatic stress disorder (PTSD), which often follows traumatic events like a bicycle accident.
- Cyclists may also be entitled to compensation for loss of life enjoyment. Compensation for this loss addresses how the cyclist’s quality of life has been affected by the accident, particularly if their injuries prevent them from participating in activities they once enjoyed, such as cycling, sports, or other hobbies. This form of damage can be difficult to quantify but is an important aspect of the cyclist’s emotional and mental recovery.
- In some cases, punitive damages may be awarded – especially if the driver’s actions were particularly reckless or grossly negligent. These damages are intended to punish the wrongdoer and deter others from engaging in similar behaviour. While punitive damages are not awarded in every case, they can be a significant factor if the driver was, for example, driving under the influence or engaged in other dangerous behaviours that led to the crash.
Talk with a Knowledgeable Bicycle Accident Lawyer Right Away
If you recently suffered injuries in a bicycle crash in a shared bike lane, you may be eligible for compensation from the at-fault driver’s insurance company. Your Calgary personal injury lawyer will file a claim or lawsuit on your behalf and work to maximize the compensation you receive for your losses.
