Cycling is generally more comfortable than driving. Especially in metropolitan cities, when traffic jams and car crashes are considered, it is a logical means of transportation. Still, even though you ride away from traffic, a collision with a motor vehicle or a possible accident with a pedestrian who may suddenly appear might turn this advantage into a bad experience. In such cases, it is crucial to know what your legal rights are. Your rights as a cyclist are pretty detailed. In this article, we have summarized the rights as a cyclist briefly.
Bicycle Accident Damages and Your Rights
Well, the damages you may suffer after a bicycle accident are divided into two main categories. First of all, material damages are the ones you can easily prove. Secondly, non-material damages are important to ask for compensation. Material damages consist of losses that can be measured in money. For instance, if you have needed to go to the hospital resulting from the bicycle accident, you can claim all of your treatment and medication expenses.
Also, if you have had to pause your working life due to the accident, you have the right to require compensation. This is one of your most initial rights. Besides your health care expenses, the repair costs of your bicycle can be compensated. Also, your personal belongings such as your helmet, phone, and camera.Those items are included within the scope of material damages.
Your Rights in The USA
In most states in the USA, you have rights to use the road, safe infrastructure, and special rights in case of a crash. While having the same rights with the drivers of motor vehicles, you have the same responsibilities as well. You can use public roads, and you can expect safe road conditions. This includes proper maintenance of bike lanes. Also, you have right to respect and space, for example, motorists are obligated to provide you with safe passing distance.
In case of an accident, you have the right to a police report, so that police will come to the scene when an accident happens. You may require your right to information to obtain other driver’s identification, and insurance info. Moreover, you can seek compensation in any case of an accident, if it is not your fault. Direct action rights will help you in this manner, which means you can directly file a claim against the driver’s insurance company. Finally, you can use your right to hire a bicycle accident lawyer to navigate the legal process after the bicycle accident.
Be Careful About State-Specific Rights
You can try to prove the moral damages that you have suffered from, after the bicycle accident. Your rights as a cyclist include compensation for your emotional loss such as fear and stress. Your right to sue will help you if you cannot reach any fair settlement with the insurance company. Also, right to jury trial would provide an opportunity in some cases to be decided by a jury. Plus, in some states, you have got additional state-specific rights. This may include laws about helmet use, or “Idaho Stop” that allows you to treat stop signs as yield signs and red lights as stop signs in some cases. Or, some specific rules about bike lanes may apply. In this scope, it is pretty crucial to get familiar with the specific rules of your state. You can obtain more information at Department of Transportation websites.
Compensation Rights As A Cyclist
If you are hit by a motor vehicle, the compulsory traffic insurance of that vehicle will directly be activated. Your rights as a cyclist will be ensured by this insurance. You can apply to this company to claim compensation. Still, this compulsory insurance will not cover moral damages. You have to claim your moral damages from the person, not the company. Also, if the accident was caused by a pedestrian, you have to claim your damages directly from the pedestrian.
After the accident, trying to settle with the other party would be a quicker solution. If the person is willing to pay for the damage and admits their fault, you can prefer direct payment or agree on an offer from the insurance company. The most important point here is to document this situation with a written agreement.
The Legal Process After A Bicycle Accident
If you cannot achieve a satisfactory result through insurance, you have a right to initiate a legal process. You can file a lawsuit for compensation. The court will determine the fault rates and the compensation to be paid. This process takes time, and it is necessary to seek professional help. Consulting a bicycle accident lawyer during this time will help you effectively defend your rights.
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