TRAVEL RELATED INJURY OVERVIEWS

Bicycle-Related Personal injury Overview

Travel Overviews

Cycling is as popular as ever and currently may have even broader appeal because of the increased variety of cycling activities available. The Centers for Disease Control and Prevention estimated that 72.7 percent of children aged 5 to 14 years rode bicycles, for a total of 27.7 million youth bicyclists. Specialized bicycling activities include mountain or off-road riding, touring, racing, and stunt cycling, all of which are consistently popular amongst enthusiasts.

The enduring popularity of bicycles as both a form of recreation and a viable mode of transportation means that personal injuries to bicyclists will, unfortunately, also continue to be a reality. The fact is, each year 580,000 cyclists are treated in American emergency rooms, 20,000 cyclists are admitted into hospitals, and more than 700 are killed. Overall, cycling fatalities account for 2 percent of all traffic fatalities and 2 percent of all traffic injuries reported in the United States. And although a significant number of cycling accidents involve collisions with cars, two thirds of bicycle-related accidents do not involve motorists. Cycling accidents involving motor vehicles, although comprising only one third of bicycling accidents, result in the most serious injuries and fatalities; three out of four serious injuries and deaths in bicycle accidents are due to head injuries.

Knowledge and preparedness can go a long way towards ensuring that risks are minimized when riding bicycles. However, in the event you are injured in a bicycle-related accident, injuryhelpline.com can put you in touch with seasoned, qualified attorneys experienced in handling these types of cases.

What follows is an overview of bicycle-related personal injuries, including the law as it applies to bicyclists generally in all states, risk factors that bicyclists should be aware of regarding bicycle accidents, and basic bicycle safety tips that can minimize your chances of getting into a bicycle-related accident or at least minimize the seriousness of your injuries.

The Law As It Applies Generally To Bicyclists

Two broad legal theories may apply to bicycle-related injury cases. The first theory involves the negligence of another party that causes the plaintiff damage. Negligent parties in this instance may include other cyclists and vehicle operators on the road at the time of an accident, municipalities and local government agencies responsible for the safety and upkeep of roads, paths, or courses used by bicyclists, or persons negligent in the repair of a bicyclist's equipment. The other possible legal theory that can provide the basis for a lawsuit for bicycle-related injuries involves companies or equipment manufacturers liable for selling defective bikes or bicycle-related equipment.

Negligence-based theories of liability are the most prevalent basis for injuries involving bicyclists. Everyone operating a bicycle or any other form of transportation has a legal obligation to ride and drive in a safe and reasonable manner. Those breaching this duty and actually and proximately cause injury to a bicyclist may be liable.

If you were injured by property that was maintained in a dangerous condition and it was foreseeable that someone could be harmed from this condition, you may be able to sue those responsible for this dangerous condition, whether they are individuals or entities such as local government agencies or municipalities. Such a case can be won by showing that the land owner or possessor created, was aware of, or should have been aware of the dangerous condition and failed to repair or warn of the danger.

If you were in an accident because of a faulty repair to your bicycle or other equipment, you may be able to sue the individual or bike shop that performed the repairs as long as you can prove that the person or people negligently repaired your bicycle and that this negligence contributed to your accident. To win the case, an expert may have to be retained to prove the bicycle shop's negligence and that you or another party did not cause the repair to fail.

When a negligent or reckless person or entity causes you or a loved one to be involved in an accident, any resulting injuries, damage to your property, and time missed from work can result in a right to compensatory money damages. A plaintiff may be entitled to recover damages for emotional distress, past and future medical expenses, wage or salary loss, pain and suffering, and possibly punitive damages if the conduct of the defendant was grossly negligent.

Likewise, anyone whose family member is killed by the wrongful conduct of another may bring a wrongful death lawsuit and may be entitled to damages. In the event of fatal injury, a cyclist's survivors may be entitled to compensation for their economic losses that result from the death. Close family members, such as his or her spouse, may be entitled to damages called "loss of consortium damages" when a loved one is lost. These damages seek to compensate the plaintiff for their loss of their loved one's services and companionship.

Parents or guardians can sue on behalf of injured children. Children are not held to the same standard of care for their own safety as adults. Thus, drivers must exercise more caution when they are aware, or should be aware, that children are riding bicycles in the vicinity. Even the negligent operation by a child of his or her bicycle at the time of the accident may not prevent a child's family from recovering against those responsible for causing the accident.

One of the most important facts to realize when operating a bicycle is that cyclists generally are viewed in the same way under the law as the operators of motor vehicles. This is important to remember because cyclists who were not obeying the laws of the road and were involved in accidents may be comparatively negligent and thus have any damages award reduced by the amount their failure to adhere to the law caused their own injuries. However, a cyclist's own negligence does not necessarily mean they cannot sue another party, but merely reduces the recovery by the percentage of their fault. For example, a jury award of $500,000 for your injuries could be reduced to $250,000 if the jury determined that you were 50% at fault.

Thus, just like motorists, cyclists have specific rights and responsibilities, particularly to follow the same rules as those driving cars or trucks. For instance, cyclists are required to stop at stop signs and stop lights, adhere to drunken driving laws, and must obey the speed limit. In some states, wearing a headset or earplugs while riding a bike is illegal, just as it would be to do so while driving a car. Generally, cyclists are permitted to use all public roads unless they have been specifically excluded, such as on expressways and highways that are often designated as excluded roadways on which bicycles may not travel. In contrast, there are some laws that address cyclists specifically. Any person operating a bicycle on a road at a speed less than the normal speed of traffic is required to ride as close as practicable to the right-hand curb. However, certain exceptions exist. For example, cyclists may deviate from this requirement if they are passing another bicycle or vehicle proceeding in the same direction, when preparing for a left turn at an intersection, or when they prepare to make a right turn. Where riding on the right side of the street is dangerous, most states allow cyclists to ride in the middle of the traffic lane, even if it is inconvenient for motorists and others on the roadway.

Riding in the middle lane may be appropriate when broken glass and deteriorating road surfaces create perilous cycling conditions along the right side of the road. A cyclist on a street with narrow travel lanes may ride in the middle of the lane where sufficient room for a motorist to safely pass does not exist. When riding on a one-way street with two or more marked traffic lanes, the cyclist may ride as close to the left-hand curb as possible. These rules apply even when a bicycle lane has been established on a roadway. In that case, cyclists cannot leave a bicycle lane until they can do so with reasonable safety and only after giving an appropriate signal.

Just as automobiles are required to have certain operational equipment before being allowed on the road, some typical bicycle-specific laws found in most states pertain to equipment requirements. Some laws require that bicycle operators shall not operate a bicycle on a roadway unless it is equipped with a brake which will enable the operator to make one braked wheel skid on dry, level, clean pavement. Bicycles operated after dark are generally required to have a headlight that illuminates the highway in front of the cyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle. Also, front, pedal, and rear reflectors may be required.

Certain bicycle models or adaptations may be restricted on roadways. For instance, bicycles equipped with handlebars so raised that the operator must elevate his hands above shoulder-level in order to grasp the handle grips cannot operate on public roads in some states. In such states, only bicycles that allow the operator to safely stop the bicycle, support it in an upright position with one foot on the ground, and restart it in a safe manner are "street legal". Some states have restrictions that apply to individuals under 18 years of age. These restrictions may not permit minors to operate a bicycle, or ride upon a bicycle as a passenger, on a roadway or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of the American National Standards Institute.

Products liability suits may also be brought by plaintiffs when injured by faulty bicycles or equipment. If a bicycle is designed defectively or manufactured negligently and such defects can be shown to have been responsible for an injury or fatality, a products liability suit may be brought against the manufacturer. Other possible theories of liability for bicycle design or manufacturing injuries include breaches of warranty, both express and implied. In some cases, everyone in the supply chain from manufacturer to retailer can be held liable for defects.

Risk Factors to be Aware of Regarding Bicycle-related Accidents

All bicyclists should be aware of certain risk factors that relate to bicycle-related accidents in order to minimize the chance of injury.

Gender seems to play a role in the likelihood of bicycle-related injury because most injuries relating to cycling occur to males. Age also is a factor, with those riders between 9 to 15 years old at greatest risk. An obvious risk factor not to be overlooked is the speed of travel on a bicycle. Many accidents involving male bicycle riders are associated with riding at high speed, but the numbers of injuries seen among female cyclists and among those riding at relatively slow speeds are too significant to be ignored.

Another factor that increases the risk of becoming involved in a bicycle accident is the time of day and year riding is done. Generally, cycling done in late afternoon or early evening increases the risk of accidents, while riding in the summer seems to be more dangerous as evidenced by the fact that the number of bicycle accidents tends to spike in these months.

Although superficial soft tissue injuries are the most common trauma to result from bicycle-related accidents, head injuries are the most severe type of cycling injury because these types of injuries are responsible for most fatalities and long-term disabilities. Cyclists hospitalized with head injuries are 20 times more likely to die than those who do not endure such trauma. Cyclists surviving head injuries such as skull fractures, concussions, brain contusions often face diminished cognitive abilities, impaired vision, severe scarring, or other long-term debilitating effects.

Thus, the number one risk factor for bicycling injuries is not wearing a helmet. The consistent, everyday use of a helmet by bicycle riders is critical to preventing serious injuries. However, often times these accidents occur even when the injured party was wearing a helmet and obeying all applicable traffic laws.

Typically, when a head injury is avoided in an accident, other serious bodily injuries are often sustained. Face and eye contusions, facial and dental fractures, and other musculoskeletal fractures, dislocation, strains can result from bicycle accidents as well as internal organ damage like splenic rupture, hepatic laceration, and urethral and rectal trauma.

In addition to head and trauma injuries, other injuries may result from strain and overuse, which generally contribute to a variety of musculoskeletal complaints. Injuries associated with overuse and the effects of riding the bicycle itself include cervical strains, lower back pain, handlebar neuropathies like ulnar and median nerve damage, skin chafing, ulceration, irritation, and hip injuries such as trochanteric bursitis and iliopsoas tendonitis due to the saddle, and lower leg injuries to the feet and ankles such as patellofemoral syndrome, metatarsalgia, plantar fasciitis, and Achilles tendonitis. These injuries can often be resolved or avoided by stretching, rest, and by adjusting various components of the bicycle, such as the seat height and handlebars. Protective clothing and equipment may also offer some protection from skin and soft tissue abrasions, lacerations, and contusions.

Riders should be aware of what generally causes bicycle accidents so they can avoid making these mistakes. Rider errors such as losing control, excessive speed, performing stunts, inexperience, and intoxication contribute to many bicycle-related accidents. External factors that may cause bicycle accidents include motorist errors, environmental hazards like objects in the road or loose gravel, and bicycle mechanical failure.

Basic Bicycle Safety Tips

Following some common sense rules can help bicyclists avoid injury and minimize the likelihood of accidents. First, check your equipment before riding. Regular bicycle safety checks should include ensuring that the handle bars and seat is tightly secured, the brakes are fully operational and responsive, the tires feature suitable tread and are inflated to the recommended levels, no loose parts are observed, and the wheels are aligned and fastened tightly. Be prepared by carrying a seat bag, spare tube and repair kit, an air pump, tools, a water bottle, energy bars, and the basics like money, a cellular phone, and your identification, which can all be of great assistance if you require help during your trip. And most of all, remember that helmets save lives, so they should be worn by all cyclists regardless of age or ability. Also, wearing other protective gear such as cycling glasses and elbow and knee pads is also recommended as well as ensuring visibility to all around you by wearing brightly colored clothing, using lights and reflectors.

Once on the road, obey all stop signs and traffic lights because as a cyclist, you are operating a vehicle on the roadway and are required by law to adhere to all traffic control devices. Be predictable by avoiding sudden turns. When making turns, lane changes, and stops, use hand signals in advance to indicate your intentions and communicate with others on the road, including pedestrians, other cyclists, and motor vehicle operators. Remember that eye contact is an important communication tool, so make eye contact with others on the road to help ensure that they are aware of your position.

Cyclists are vulnerable where bushes, signs, or other obstacles obstruct others' vision, so maintain safe and visible positions on the road. Riding with the flow of traffic is not only the safest way to ride, it is the law. The availability for bicycles and motorists to simultaneously operate on roads is usually limited, so when riding with multiple bikers, riders should be single file so there is room for motor vehicles to pass by safely. Finally, never carry a passenger unless the bicycle has a passenger seat, and never carry a load that interferes with your bicycle's maneuverability or safe operation. All cyclists and parents of children that cycle can reduce the chances of an accident by completing a rigorous bicycle safety course, which is recommended for all prospective cyclists before riding on the roadways.

If it can be afforded, bicycle insurance is highly desirable to cover the rider's injuries or accidents. Bicycle insurance may also cover losses from fire, theft, accidental loss and damage. Bicycles are increasingly becoming commons target of theft with more than 400,000 are stolen each year (more than 1,000 a day), so insurance can be well worth the cost, and will also cover specified accessories normally up to the sum insured value. Most policies feature "New for Old" coverage if your bicycle or equipment is totally destroyed or stolen within a certain time period. Personal accident protection is also standard and provides cover for accidental injury while using the insured bicycle.

Public liability cover can also be a part of bicycle insurance policies and can be essential given the evermore litigious nature of society. However, you will want to read the small print of any bicycle insurance policy. "Reasonable care" clauses are almost always included, and require policyholders to "take reasonable care" when operating their bicycles while insured. Under these clauses, injuries occurring when an insured was not wearing a helmet will be turned down by some companies because although not explicitly stated in the policy such incidents can be interpreted as displaying a lack of "reasonable care". Despite protests from cycling groups the phrase "take reasonable care" is still legitimate, regardless of its ambiguity.

Some policies may also exclude "mountain biking" and "dirt-track riding". As a result, a standard bicycle policy is designed to cover "non-adventure" risks and both mountain biking and dirt-track riding are classified as adventure sports where the risk of personal injury or damage is far greater. Therefore, when shopping for bicycle insurance policies, make sure you choose the right insurance policy to suit your needs. Consider what you use your bike for, how often you use it, and where you keep it. And as stated before, always read the small print of the policy; you have any questions do not hesitate to ask the insurance company. It may also be worth checking what coverage your home insurance provides and what is covered by your travel insurance when you're cycling abroad.

 
 
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