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As a bicycle rider, one of the most devastating things that can happen is to be involved in an accident. With little protection, cyclists become highly vulnerable on and off the roadways and risk suffering severe injuries that may be permanent or can take a long time to heal. Dealing with Insurance companies during this time can be challenging, especially when determining who is at fault for the accident and what settlement amount is fair.
If you have been in a bicycle accident and have sustained injuries, the days ahead can be stressful and overwhelming, especially if you need medical care. While you start your recovery, you need a knowledgeable attorney to provide legal advice, protect your rights, and seek compensation on your behalf.
A Utah bicycle accident attorney with the law firm of ReshLaw Accident & Injury can provide the expertise and experience you need after your bicycle accident.
Bicycle accident victims need experienced representation from a law firm that knows and understands the laws surrounding cyclists and personal injury. The legal team with ReshLaw Accident & Injury will provide the following:
Every accident case is different, and we provide personalized attention to our clients, explaining legal terms and actions so you fully understand and stay updated throughout the process.
Unfortunately, bicycle accidents happen all too often. According to the Utah Highway Safety Office, which collects and shares accident and injury statistics, the following occurs in Utah:
In addition, statistics show that:
The first step to safe riding is to know the legal responsibilities and rights of all bicyclists in Utah. Specific bicycle laws are in place to increase your safety while sharing the road with larger motor vehicles.
The first thing to understand is that bicycles are identified as moving vehicles and are thus subject to all traffic laws in Utah. For example, a cyclist must comply with all traffic signals and signs, yield the right of way to all pedestrians, and signal before changing lanes or preparing to turn.
There are also Utah bicycle laws relating specifically to bicyclists, including:
It takes only seconds for an accident to occur, whether it is your fault or not. In Utah, bicycle accidents can occur due to the actions of either the riders, the drivers of motor vehicles, or both. Some of the most common causes of bicycle accidents in Utah include:
In a bicycle accident, you risk injuries from the impact of another vehicle or object and when hitting the ground. These injuries can often cause long-term damage and require physical therapy and more. The most common bicycle accident injuries include:
Often, bicycle accident victims suffer several of these injuries and will need time to recover, which can bring financial difficulties due to lost wages and the piling up of medical bills. Seek legal advice from a qualified bicycle accident attorney as soon as possible to help ease your stress and keep you up to date on your claim.
Following a bicycle accident, do your best to take the following steps.
Take action to ensure your personal safety. This may include moving away from a roadway or, if at night, shining a light to alert others where you are. Whether you know if you are injured or not, seek medical attention immediately. Call 911 and request medical first responders to assess injuries and, if necessary, transportation to an emergency room.
Contact law enforcement as soon as you can. Once the police arrive, you will need to make a statement but avoid admitting to any responsibility for the accident at this time. Stick to the basic details as best as you know them. An official police report will be created, and this will serve as crucial evidence in your accident case.
If you are able, while still at the crash scene, collect as much evidence as you can. This will include taking photos of your bicycle, other vehicles involved in the accident, your injuries, any stop signs or traffic signals, skid marks on the pavement, and the overall environment, which can show road and weather conditions.
In the days and weeks following the accident, continue seeking necessary medical treatment for your injuries. Make sure you go to every doctor’s appointment and therapy session. Document your injuries in a file, including photos and medical records. These will all serve as important evidence in your accident injury claim.
Bicycle accident victims often seek to settle injury claims directly with insurance companies, hoping to speed up the process. However, insurance company adjusters will offer a lower settlement to take advantage of your desire to resolve your claim quickly or may use deceptive tactics to capture a recorded statement, delay a settlement, or deny you altogether.
Working with an experienced Utah bicycle accident attorney who knows the tricks and methods often used by insurance companies can benefit your claim and gain you higher compensation for your injuries and property damage. Your attorney will deal directly with the different insurance companies and pursue the highest amount of compensation available in your bike accident case.
Proving liability in a Utah bicycle accident requires diligent review and investigation of all actions prior to and during the crash. Either the cyclist or the motorist may be at fault due to some act of negligence. Both of you may shoulder partial responsibility. As liability will affect your claim, it will be essential to determine who is at fault in the early stages.
Utah is a modified comparative negligence state, meaning that if you are determined to be at least 50% at fault for the accident, you will be unable to recover damages. However, if your percentage of fault is less than half, you may be able to obtain a partial award. An experienced bicycle accident attorney will take the required steps to prove negligence and liability in your case and build a solid case on your behalf.
To file a claim for personal injury in Utah, you must adhere to strict legal deadlines called the statute of limitations. For your bicycle accident, you will have four years from the date of the injury to file the claim. You will need to avoid waiting until the last minute, however, as your legal team will need ample time to collect evidence and build a strong case so you can obtain a fair and just settlement amount.
When filing an insurance claim, you will want to include all damages relating to your accident. You can seek three kinds of compensation in Utah.
Economic damages are the actual, measurable losses associated with your accident and resulting injuries. These types of damages commonly include medical bills, future medical care expenses, lost wages (or lost income), loss of future earnings or loss of earning capacity, and property damage.
Non-economic damages are sought for the intangible losses resulting from an accident and are difficult to calculate. These damage types include pain and suffering, emotional distress, and loss of enjoyment of life.
Utah allows for the award of punitive damages as well, which serve as a way to punish the at-fault party and deter whatever behavior or action caused the bicycle accident in the first place.
The dedicated bicycle accident attorneys with ReshLaw Accident & Injury will take the time to determine and calculate all damages in your case and seek the maximum compensation possible from the insurance companies.
While cyclists have rights when out riding, they also are more susceptible to severe injury and even death if going up against a motor vehicle. To increase your safety, consider the following tips for avoiding bicycle crashes and resulting injuries here in Utah.
The days ahead can be challenging if you or your loved one is involved in a bicycle accident. While healing will be the main priority, you may also be worrying about expenses and how to deal with nightmarish insurance companies. Let an experienced Utah bicycle accident lawyer with the law firm of ReshLaw Accident & Injury help.
Call our office today at (801) 801-7374 or submit the website contact form to arrange an initial free consultation today.
Yes, bicyclists can ride side by side on the road, but there can be no more than two doing so at any one time. Riding this way must not impede the normal traffic flow, and if traffic is backed up, cyclists must return to riding single file.
Yes, motorists may not attempt to distract a bicyclist for the purpose of causing injury or force of bicyclist off the roadway. Furthermore, the “Rolling Coal Bill” prohibits vehicles from distracting a vulnerable roadway user with excessive exhaust.
Following a bicycle accident, you are likely to receive a call from the vehicle driver’s insurance company. You may be asked to give a recorded statement and to answer questions that can work against you. Instead of responding, speak with an experienced personal injury attorney and gain an understanding of your rights.
Motorists may not be within three feet of a traveling bicycle at any time, even when passing. If it is safe to do so, the driver may cross the center line to pass safely, except if within 100 feet of any intersection or view-obstructing curve.
Bicycle riders are required to obey traffic control devices, including stop signs and stop lights with some exceptions:
For cyclists aged 16 or older, if, after stopping at a red light, the signal fails to detect their presence within 90 seconds or more, they may continue with caution through the intersection when safe to do so.
A cyclist approaching a stop sign can proceed through an intersection without stopping if the rider slows to a reasonable speed, and yields the right of way to 1) any pedestrian within the intersection or an adjacent crosswalk; 2) other traffic within the intersection; and 3) oncoming traffic that poses an immediate hazard during the time the individual is traveling through the intersection.
Utah classifies e-bikes into three categories based on their maximum assisted speed and power output:
Class 1 e-bikes: These are pedal-assisted e-bikes that provide assistance up to 20 mph and have a motor with a maximum power output of 750 watts. They are allowed on bike lanes, bike paths, and trails where bicycles are permitted.
Class 2 e-bikes: These are e-bikes equipped with a throttle that can propel the bike without pedaling. Like Class 1 e-bikes, they have a maximum assisted speed of 20 mph and a motor with a maximum power output of 750 watts. They are also permitted on bike lanes, bike paths, and trails where bicycles are allowed.
Class 3 e-bikes: These are pedal-assisted e-bikes that provide assistance up to 28 mph and have a motor with a maximum power output of 750 watts. They are allowed on roads, bike lanes, bike paths, and trails where bicycles are permitted. However, some local regulations may restrict their use on certain paths or trails.
It's important to note that individual municipalities and land managers may have additional regulations specific to their areas. In general, Class 1 e-bikes are allowed in locations where regular bicycles are allowed in most Utah State Parks. Class 2 and Class 3 e-bikes are typically prohibited from trails and in state parks.
Utah law doesn’t require e-bike to carry insurance, but they can still cause accidents. And when they are at fault, they are responsible for paying damages like anyone else. If you are injured by someone riding an e-bike, here’s what you need to know:
Depending on if the e-bike is rented or not, there could be coverage by the e-bike company. You would want to obtain a copy of the contract.
Most automobile policies exclude liability coverage for the operation of a vehicle with fewer than four wheels. Most likely automobile insurance would not offer coverage for losses caused by an e-bike.
Homeowners or rental insurance may offer protection when an injury is caused by a regular bicycle, but may not cover e-bikes because these policies exclude coverage by an insured while operating a “motor vehicle.”
Whether an e-bike is a “motor vehicle” may depend on the class of e-bike the at-fault party was riding at the time, and whether they were pedaling or riding unassisted at the time of the collision. You should seek help from a bicycle accident attorney to help with this determination. Some insurance companies now offer policies specifically for e-bikes. An experienced personal injury attorney can help you locate a policy specifically for an e-bike.
E-bikes are allowed on bike paths unless excluded. E-bikes are not allowed on sidewalks.
