Negligent and careless driving behavior can lead to road accidents that involve cyclists. And as cyclists only have little to no protection in a crash with a car, fatalities in bike accidents are common. Bicyclists have the same rights and responsibilities as other drivers on the road. Car drivers are expected to yield the right of way to bicyclists and treat them the same as other road users. However, not all car drivers show the same respect as others, resulting in serious accidents. If you have been in a bicycle accident and sustained serious injuries, you need to hire a Portland bicycle accident lawyer to protect your rights and get the compensation you deserve for your injuries and losses.
Common Injuries Victims of Bicycle Accidents May Suffer
Bicyclists are vulnerable and even a simple collision can lead to serious injuries. In the state of Oregon, adult bicyclists are not required to wear a helmet, although a simple fall that can cause the driver’s head to hit against the curb can result in a permanent disability. Some injuries bicyclists may sustain in a road accident include broken bones, joint dislocation, head and neck injuries, nerve damage, teeth and jaw injuries, as well as serious abrasions.
Bike Accident Insurance Coverage
Bicyclists who have health insurance coverage can use their plan to cover the costs associated with treatment for their injury. Car insurance coverage extends to accidents that involve bicycles and automobiles. If your accident resulted from the other driver’s negligence, you can file a claim against their car insurance company. Working your way through the complexities and nuances of the legal and insurance issues around your bike accident is not easy without legal help. That is why you need an attorney on your side to help you understand your legal options.
Proving Negligence in a Bicycle Accident
If you suffer injuries in a road accident, proving negligence works in the same way as other personal injury cases. You need to prove the elements of negligence. First, you need to establish that the other driver owed you a duty of care in a given situation. Every driver has the duty to drive safely and abide by traffic signals and rules to avoid accidents. Also, you must show the court how the other driver breached their duty of care, the extent of the damage that the negligent behavior of the other driver had caused, and that your damages resulted from the negligence of the other driver.
