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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.

Bicycle Accident Injuries

In 2011, 677 bicyclists were killed and an additional 48,000 were injured according to the National Highway Traffic Safety Administration. All bicyclists should wear properly fitted bicycle helmets every time they ride. Bicyclists are considered vehicle operators and are required to obey the same traffic rules as motor vehicle operations; including obeying traffic signs, direction, and lane markings. Likewise, drivers of motor vehicles are required to share the road with cyclist.

Bicycle Safety

Wearing a helmet and being cautious of surroundings can greatly reduce the change of serious injury or death from a cycling accident; but even when a cyclist is using the proper caution and wearing the correct safety equipment, a collision with a motor vehicle, especially a truck or SUV, can result in serious injury or death.

If you have been injured or if your loved one has been killed in a bicycle accident resulting from the carelessness or negligence of another person, you want an experienced bike accident lawyer to hold the responsible party accountable and make that person provide some measure of compensation for the loss of affection, companionship and support your loved one gave you.

Contact Attorney Michael J. Hood

At The Law Office of Michael J. Hood we have focused our practice on the needs and rights of personal injury and wrongful death victims in Delaware and Pennsylvania since 1982. We know that an accident can bring anxiety and uncertainty. We take a direct approach, learning as much as we can about your accident, as well as your goals, so that we can give you a timely and accurate assessment of the potential value of your claim, as well as your prospects for success. We will keep you fully informed of all developments in your case, as well as your options, so that you can make good decisions about how to proceed.

We offer a free initial consultation to every client. For an appointment, contact us online or call our office at (302) 777-1000. We are open Monday through Friday, between 8 a.m. and 5 p.m., but we will meet with you evenings or weekends upon request. We will travel to your home or the hospital if necessary.