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Utah Bicycle Accident Attorney

Utah bicycle accident attorney

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.

Experienced Representation From a Utah Bicycle Accident Lawyer

Experienced representation from a Utah bicycle accident lawyer

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:

  • Initial consultation and case evaluation: During your initial free consultation, we will evaluate your case and discuss legal options going forward.
  • Gathering evidence and conducting investigations: Once your case is evaluated, the next step is to gather evidence and conduct investigations. This may involve speaking with witnesses, compiling medical expenses and records, requesting the official police report, and more. We will also review any photos from the accident scene. We will establish liability once our investigation is complete and start building your case.
  • Negotiating with insurance companies: Working with insurance companies can be challenging, and they often use tactics to delay or even deny your bicycle accident claim. Your Utah bicycle accident lawyer will speak directly with the involved insurance companies and enter negotiations for a settlement that is fair and will meet your needs.
  • Representing clients in settlement negotiations: With a background in working with various insurance companies through the years, your lawyer will competently represent you in all settlement negotiations. We will not back down from adjusters seeking to offer the lowest amount possible in order to protect their bottom line.
  • Trial representation and courtroom advocacy: If a fair settlement cannot be reached, your legal team will develop a legal strategy for the particular circumstances surrounding your accident and go to court. Once in the courtroom, we will advocate for your rights and deserved compensation for damages sustained as a result of the bicycle accident.

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.

 Utah Bicycle Injury Statistics

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:

  • Approximately 600 bicycle accidents occur annually.
  • More than 500 cyclists sustain some type of injury every year.
  • There are approximately 5-6 fatalities per year.

In addition, statistics show that:

  • The largest proportion of bicycle crash victims are between the ages of 10 and 30 years old and are mostly male.
  • Most bicycle accidents occur between 7:00 and 8:00 a.m. and between 3:00 p.m. and 6:00 p.m. on weekdays.

Utah Bicycle Laws: An Overview

Utah bicycle laws

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:

  • Bicyclists in Utah are not required to wear helmets. However, they can increase safety from severe head injuries.
  • Bicyclists must ride in the direction and flow of regular traffic.
  • Bicyclists are not restricted to riding only on a bike lane or trail.
  • When traveling on roadways, bicyclists must ride close to the right-hand edge or shoulder, except in specific situations like preparing to turn left or passing a slower-moving vehicle or other obstacles.
  • Bicyclists traveling a half-hour before sunrise or after sunset must have visible white headlights, side reflectors, and red tail lights or rear reflectors.

Most Common Causes of Bicycle Accidents in Utah

Most common causes of bicycle accidents

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:

  • Failure to yield the right of way by the cyclist or the driver.
  • Motorists making right or left turns without looking or checking blind spots.
  • Cyclists making unsafe left turns.
  • Improper lane changes.
  • Failure to obey traffic signs or signals.
  • Cyclists riding on the wrong side of the roadway.
  • Cyclists riding out into the path of another vehicle when exiting a driveway or sidewalk.
  • Cyclists weaving, resulting in leaving the road edge or bike lane.
  • Impairment of either the motor vehicle driver or cyclist.
  • Distracted driving (or riding) by either the cyclist or the car driver.
  • Cyclist not being visible (e.g., no headlight or reflectors).

Types of Bicycle Accident Injuries

Types of bicycle accident injuries

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:

  • Lacerations and bruises;
  • Road rash;
  • Fractured clavicle;
  • Soft tissue injuries (e.g., sprains, strains);
  • Broken bones;
  • Head injuries (including traumatic brain injuries);
  • Spinal cord injuries; and
  • Fatal injuries.

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.

Steps To Take After a Bicycle Accident

Following a bicycle accident, do your best to take the following steps.

1. Taking Immediate Action for Personal Safety and Seek Necessary Medical Attention

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.

2. Reporting the Accident to the Appropriate Authorities

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.

3. Collecting Evidence at the Scene of the Accident

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.

4. Seeking Medical Treatment and Documenting Injuries

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.

Dealing With Insurance Companies

Dealing with insurance companies

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

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.

Utah Bicycle Accidents Statute of Limitation

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.

Kinds of Compensation Available to Utah Bicycle Accident Victims

Kinds of compensation available to Utah bicycle accident victims

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

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

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.

Punitive Damages

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.

Advice on How To Avoid Bicycle Crashes and Injuries in Utah

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.

  • Always keep in mind that you are responsible for obeying all traffic signs and signals, just like motor vehicles.
  • Travel in the same direction as other traffic at all times.
  • Stay over as far to the right as possible, riding on the edge of the road or at the shoulder.
  • Never assume that all motor vehicle drivers see you or are paying attention to where you are on the roadway.
  • Avoid distracted riding. Store your cell phone away and pull it over to a safe location if you must use it.
  • Make sure your bicycle is visible in the dark by having a functioning front light, side reflectors, and rear light or reflectors.
  • Use hand signals to indicate when changing lanes or turning.

Schedule an Initial Consultation With Our Utah Bicycle Accident Lawyer at ReshLaw Accident & Injury

Schedule an initial consultation with our Utah bicycle accident lawyer

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.

Frequently Asked Bicycle Accident Questions

Is it possible for cyclists to ride side by side on the road?

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.

Is it illegal to try and distract a bicyclist while they ride?

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.  

Should I speak with insurance companies after a bicycle accident?

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.

What is the 3-foot guideline for passing cyclists by motorists?

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.

Do bicycle riders need to obey stop signs and stop lights?

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.

What are Utah’s Electric Bike Laws?

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.

What insurance coverage is available for e-bike?

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.

Are E-Bikes allowed on sidewalks in Utah?

E-bikes are allowed on bike paths unless excluded. E-bikes are not allowed on sidewalks.

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