Who Might Be Liable for a Bicycle Accident?

Michael Waks

3 years ago

Every year, hundreds of bicyclists sustain fatal injuries in traffic crashes. Many more end up seriously hurt, and though they’re the fortunate ones, their bicycle accident injuries are often devastating physically, emotionally, and financially.

If you were recently hurt in a bicycle accident and you’re wondering how you’re ever going to pick up the pieces, a seasoned attorney may be able to help. Assuming you weren’t at fault for the collision, you should be able to take action against those who were. Of course, that means you’re going to have to assign blame before you can proceed with your claim.

While every bicycle accident is unique, most claims are filed against one of just a handful of parties. Read on to learn who the defendants usually are in these kinds of cases:

1. The Motorist

If the driver who struck you was at fault for the accident, they’re most likely liable for the damages. You should be able to prove fault using some combination of the following:

Photographs of the wreckage;
Statements from accident reconstruction experts;
Footage from a helmet camera or dash camera;
Eyewitness testimony;
The official police report;
Toxicology reports; and
Cell phone records.

It’s worth noting that if the motorist was driving as part of their job duties at the time, you may actually need to file a claim against their employer. Generally speaking, employers are liable for any damages their workers cause while acting within the scope of their employment.

2. A Manufacturer

If the collision occurred because of a mechanical defect, the manufacturer that produced the affected part may be responsible. Whether the car that struck you had a steering issue or your own bicycle had failing brakes, you should have grounds for a product liability claim.

3. The Municipality

Sometimes, municipalities fail to account for cyclists when designing roadways. If the accident occurred because the bicycle lane was poorly designed, you may be able to file a claim against the government agency that oversaw its construction.

Keep in mind, however, that the government has certain protections when named in tort claims, so injured parties typically face additional hurdles. Fortunately, if you turn to a resourceful personal injury attorney, you should be able to proceed with confidence regardless.

Discuss Your Case with a Bicycle Accident Attorney in Long Beach

Your Injuries Are Personal to Me

If you were struck by a motorist while riding your bike, you can count on the Law Office of Michael D. Waks to advocate for you at every stage of the subsequent proceedings. A top-rated trial lawyer, attorney Waks has recovered numerous six- and seven-figure payouts on behalf of our valued clients. To set up a free case review with a bicycle accident lawyer in Long Beach, fill out our Contact Form or call (562) 206-1939.

Download Our Car Accident Emergency .PDF

By printing a copy of our free Car Accident Emergency .PDF and keeping it in your backpack or saddlebag, you’ll always be ready to record the scene of a crash. Should you ever end up in another bicycle accident, follow this comprehensive checklist, and your subsequent claim will get off to a strong start.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.