Biking Accident, Do I Have a Lawsuit If I’m Hit While Riding on a Public Street?

Bike riders win personal injury lawsuits frequently due to the negligence of drivers. The specific circumstances of the accident will determine whether or not you have grounds for a successful lawsuit.

If a lawsuit is justified, you should be able to find an attorney to represent you for free. The litigation attorney will only be paid if you receive a lawsuit settlement or if the lawsuit goes to court and you win.

In this Low Cost Legal guide we will help you decide whether or not to see a litigation lawyer about your bicycling accident.

Bike Riders Have Rights on the Road

The basis for any lawsuit involving a bike is that bicyclists have rights on most roads, and if they are obeying the rules of the road, those rights need to be respected by others. If the road you were riding on allows bike traffic and a driver acted negligently, the accident might be the driver’s fault and open the door for a successful personal injury lawsuit.

Circumstances that Will Help or Harm Your Case

If you were obeying the rules, riding in the designated area, and a driver hit you, the facts will probably show that the driver was at fault. If the driver was speeding, texting, talking on the phone, playing loud music, had tinted windows, had more than one passenger and a conversation was going on, had stickers on the window or if the driver was doing anything else that could have been distracting him, this would strengthen your case.

If you believe the driver might have been under the influence of prescription or illegal drugs, or failed a breathalyzer test you might be able to use that in your case. If the driver was ticketed for anything such as failing to yield the right of way or driving while impaired, your case would also be strengthened. If you get a car accident attorney, tell him or her what you believe the car driver was doing that might be negligent so that the lawyer can investigate.

If you were riding in a park where vehicle traffic is also present, it is possible the park administrators are negligent for not posting appropriate speed limits, providing a bike lane, or otherwise not planning for mixed traffic.

On the other hand, if you were riding your bicycle at night without reflective clothing or lights, that would hurt your potential case. If you were under the influence that can be used in court, it could harm your case. If you failed to obey the rules of the road, your case would be in jeopardy and a car accident lawyer might not be willing to represent you.

Talk to a Litigation Attorney about Low Cost Legal Options

Most personal injury lawyers offer free case evaluations. You might need to talk with 2 or 3 attorneys before you find one that believes you have a case and will be willing to fight for you. Always discuss payments with the attorney before hiring them to represent you. The litigation attorney should take the case without charging you anything, with an agreement as to how much they will be paid only if you settle or win the case. This isn’t the same as being a pro-bono attorney, although there are attorneys that will take personal injury cases without any payment, they are rare.