Whether you are riding to commute, for fitness, or for fun, bike riding has become increasingly dangerous in recent years throughout the U.S. and here in Kansas City as well. According to the League of American Bicyclists Missouri chapter, 9.4 percent of Missouri’s traffic fatalities are cyclists and pedestrians, even though less than one percent of trips are made by bike. If you were hit by a car while riding, you need to talk to an attorney today.
Proving the Driver Caused the Collision
As with any motor vehicle collision, it is up to the injured victim to prove that the at-fault party was indeed at fault. Few drivers want to accept liability, and neither do their insurance providers. Because of this, a thorough investigation needs to be conducted after a bike collision with a motor vehicle. Police will conduct an official accident report, and an attorney can help fill in potential holes. Even when the police believe that the cyclist was at fault, that does not mean that you are out of luck when it comes to the civil case.
Cyclists Have a Right to the Road
After the collision, the driver may have yelled at you for being in the way, swerving, coming out of nowhere, or otherwise causing the collision somehow. Do not let your doubt keep you from talking to an attorney and filing a lawsuit. In the majority of cases, drivers are found at fault when a bike-car collision occurs, as reported by NPR. As a cyclist in Missouri, you have many of the same rights to the road that drivers have, and this is important to remember when you are considering taking legal action. Do not let the driver pressure or bully you into believing that you had a hand in the crash when, in fact, you were following the rules of the road to a T.
What Are Your Damages?
You may not have been in an expensive car when you were hit, but property damage is typically a very small aspect of any serious personal injury case. Even if your bike was expensive, the bulk of your damages are likely to come in the form of pain and suffering, medical costs, and potentially lost wages and earning capacity. Injuries are often severe for cyclists struck by cars, and serious injuries include the following:
- Traumatic brain injury;
- Broken back or neck;
- Broken limbs or collar bone;
- Torn ligaments;
- Fractured ribs; and
- Severe road rash, contusions, and lacerations.
Call a Kansas City Personal Injury Attorney Today for Help
Here at the Krause & Kinsman Law Firm, we hold negligent drivers accountable when they hit or run over cyclists. We fully understand the law, cyclists’ rights, and how to firmly negotiate with insurance companies to maximize your compensation. If necessary, we are prepared to take your case to court in pursuit of your economic justice. Contact us today to schedule an appointment.
Adam Krause is a personal injury, mass tort, business litigation, and employment discrimination attorney who practices in Kansas City, Missouri. He graduated from the University of Missouri Kansas City School of Law and has been practicing law for several years now. Adam Krause has made a career of taking complicated litigation and presenting it in the most elementary terms for a jury of your peers to understand. Learn more about his experience here.