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Bicycle Accidents and Injuries

Bicycle Accidents—Protecting Your Rights

In Delaware, as in every state, bicyclists have a right to share the road with motorists. Unfortunately, far too often, drivers fail to pay appropriate attention or simply ignore that right, leading to serious injury.

The Common Types of Bicycle Accidents

Nearly half of all car-bicycle accidents occur at intersections, caused by:

  • Motorists making a left turn into the path of an oncoming bicyclist
  • Drivers failing to stop at a light or sign
  • Drivers making a right turn without looking for a cyclist

When on the road, a bicycle is considered a “vehicle,” and all laws and regulations governing vehicles apply. For example, if a bicyclist comes to a stop sign, he or she should make a complete stop, especially when there is other traffic present.

When determining who is at fault in a car-bicycle accident, then, the bicycle will be considered a vehicle and liability will be based on general traffic rules. If there are no traffic signals at an intersection, the first party to the intersection has the right of way. If there is a signal, the bicyclist must obey the signal.

The other common type of bicycle accident results from road hazards—gravel, potholes, sewer grates, uneven curbs and even water on the road. Generally, when you are hurt because of a defect in the road, you will have to seek compensation from the municipality with responsibility for maintaining the roadway. To successfully recover compensation for such an accident can be difficult unless you had witnesses and even then, you need to show that the municipality had not taken reasonable measures to fix the problem. If the fix was relatively simple, but the government failed to act, you have a good chance of recovery. But if the government had posted reasonable warnings or the fix was unreasonably expensive, it will be difficult.

Contact Our Office

To arrange a free initial consultation, contact us online or call our office at (302) 777-1000. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.