Home » Personal Injury: Frequently Asked Questions » Can I Sue If I’m Hit by a Car While Riding a Bike?

Can I Sue If I’m Hit by a Car While Riding a Bike?

Can I File a Lawsuit If I’m Injured by a Car While Riding a Bike?

Yes, you can file a lawsuit if you are injured by a car while riding a bike, but it’s essential to determine whether the driver was negligent. Negligence means the driver failed to exercise reasonable care, leading to your injury. However, proving fault can sometimes be challenging due to traffic rules and the specifics of the accident.

Table of Contents

• Can I Sue the Driver?
• Why Fault Matters in Bicycle Accidents
• Common Challenges Cyclists Face in Lawsuits
• How a Thorough Investigation Can Help
• What to Do Next

Can I Sue the Driver?

If the driver of the car was negligent, you have the right to pursue compensation for your injuries. Common examples of negligence include:

• Distracted driving
• Running a red light or stop sign
• Failing to yield to cyclists
• Driving under the influence of alcohol or drugs

It’s important to gather evidence and witness statements to support your case. This can include photos of the accident scene, medical records, and a police report.

Why Fault Matters in Bicycle Accidents

Determining who is at fault is critical in any personal injury claim. In many cases, traffic laws may favor cars, making it harder for cyclists to prove the driver’s negligence. For instance:

• Cars often have the right of way in intersections or on certain roadways.
• Cyclists may be accused of not following traffic signals or riding improperly.

However, even if you are partially at fault, you may still be eligible for compensation under comparative negligence laws in many states.

Common Challenges Cyclists Face in Lawsuits

Cyclists often encounter unique challenges when seeking compensation, such as:

• Bias from drivers, witnesses, or even law enforcement assuming the cyclist was at fault.
• Difficulty proving that the driver’s actions directly caused the accident.
• Lack of proper evidence, such as dashcam footage or witnesses willing to testify.

This is why working with an experienced attorney who understands bicycle accident laws is essential to your case’s success.

How a Thorough Investigation Can Help

Conducting a thorough investigation is key to overcoming these challenges. Here’s how it can strengthen your case:

• Gathering evidence: Photos, videos, and witness statements can provide critical support for your claim.
• Reconstructing the accident: Accident reconstruction experts can analyze the scene to determine exactly what happened.
• Proving negligence: Documentation of the driver’s behavior, such as texting while driving, can establish fault.

An experienced attorney will know how to collect and use this evidence effectively to maximize your chances of receiving fair compensation.

What to Do Next

If you’ve been injured in a bicycle accident caused by a negligent driver, here are your next steps:

1. Seek immediate medical attention, even if your injuries seem minor.
2. Document the accident scene and your injuries with photos or videos.
3. File a police report and obtain a copy for your records.
4. Consult with an experienced personal injury attorney who specializes in bicycle accidents.

Don’t delay in taking action—evidence can disappear quickly, and there are strict deadlines for filing a lawsuit.

Contact Us for a Free Consultation

At Roberts & Roberts, we understand the challenges cyclists face after an accident. Our experienced attorneys are here to help you every step of the way. Contact us today for a free consultation and let us fight for the compensation you deserve.