Ran Over By Bicycle, Can I Sue?

If you’ve been ran over by a bicycle, you’re likely concerned about your legal rights and the possibility of seeking compensation. The short answer is yes, you may have grounds to file a lawsuit if someone else’s actions led to your injuries. However, understanding where and how you can secure compensation is crucial, as the avenues for recovery can vary.

Typically, automobile insurance policies do not cover accidents caused by bicycles, as these incidents fall outside the scope of most standard auto coverages. Nevertheless, there are insurance options available that may apply if another party is at fault for your accident. Moreover, if the incident occurred while you were working, workers’ compensation insurance might also provide necessary benefits.

In this section, we’ll delve deeper into these possibilities to help you understand how you can effectively pursue the compensation you deserve.

What Constitutes a Viable Bicycle Accident Claim?

When you’re hit by a bicycle, several factors must be considered to determine if you have a viable personal injury claim. First and foremost, it’s essential to establish who was at fault. In many cases, the bicyclist may have violated traffic laws or been negligent in some way, such as riding on the sidewalk or failing to yield. If the bicyclist’s negligence directly caused your injuries, you might have a strong case.

However, proving negligence is not always straightforward. You need to demonstrate that the bicyclist owed you a duty of care, breached that duty, and as a result, you suffered injuries. Collecting evidence such as witness statements, surveillance videos, and the police report can be crucial. A skilled personal injury lawyer can help gather and present this evidence effectively to support your claim.

Will Car Insurance Pay if A Bicycle Ran You Over?

In the aftermath of being ran over by a bicycle, many victims assume that the bicyclist’s car insurance will cover all their damages. However, this is often not the case. Bicycle accidents are unique, and the insurance coverage can be significantly different from that of auto accidents. Typically, a bicyclist’s auto insurance does not extend to accidents that occur while they are riding their bicycle.

This can leave a significant gap in potential compensation, particularly if the bicyclist does not have other forms of insurance that cover such incidents. As a result, you might find that the compensation offered, if any, is insufficient to cover your medical expenses, lost earnings, and other damages. This is a critical point where your own insurance may come into play.

Using Your Own Auto Insurance Policy

If the bicycle rider’s insurance is inadequate or nonexistent for your situation, your next option should be to examine your own auto insurance policy. Many auto insurance policies include uninsured or underinsured motorist coverage, which can be a crucial resource in incidents where the at-fault party cannot fully compensate you.

This coverage is designed to step in and cover losses in the event that you are injured by someone who lacks sufficient insurance to pay for your damages. It’s also applicable in hit-and-run scenarios or in cases like a bicycle accident where the other party’s insurance does not cover your injuries.

Here are steps to take to utilize your auto insurance:

1. Notify your insurer: As soon as possible after the accident, inform your insurance company about the incident. Provide them with all relevant details of the accident and your injuries.
2. Understand your coverage: Review your insurance policy to understand what is covered under your uninsured/underinsured motorist coverage. It’s important to know the limits and conditions of this coverage.
3. File a claim: File a claim under your auto insurance policy. Your insurer will guide you through the process and what documentation is needed.
4. Cooperate with your insurer: Provide your insurance company with all required information and documents. This may include medical records, a copy of the police report, and proof of other losses.

Workers’ Compensation Insurance in Bicycle Accident Scenarios

If you were ran over by a bicycle, you should consider whether you can receive workers’ compensation benefits. Workers’ compensation covers most injuries that occur during the course of employment. This includes accidents that happen while you are on the job, performing work-related tasks, or even during work-related travel. If your accident occurred under such circumstances, you might be eligible for workers’ compensation benefits, which can include: To determine if your accident qualifies for workers’ compensation, consider the following factors:

1. Location and timing of the accident: Was the accident during work hours or in a location where you were expected to be for work?
2. Nature of your duties: Were you engaged in a work-related activity, such as making deliveries or traveling between work sites?

If the answer to these questions is yes, then you likely have a valid claim for workers’ compensation benefits. It’s important to report the accident to your employer as soon as possible and follow their procedures for filing a workers’ compensation claim.

The Role of a Personal Injury Lawyer

While workers’ compensation can provide essential benefits, it may not cover all your losses, such as full wage replacement or compensation for pain and suffering. This is where a personal injury lawyer can help. A lawyer can assess your case to determine if you can file a personal injury lawsuit in addition to or instead of a workers’ compensation claim. This might be applicable if a third party’s negligence contributed to your accident.

Consulting with a lawyer who understands both personal injury and workers’ compensation law is crucial. They can help navigate the complexities of your case, ensuring that you explore all possible options for compensation to fully address the impact of your injuries.