Cyclists in O’Fallon, Missouri, can face significant injuries in collisions with cars and other vehicles. Fortunately, Missouri law allows injured road users, including pedestrians and cyclists, to seek compensation for their injuries. An O’Fallon bicycle accident lawyer from Beck & Beck Missouri Car Accident Lawyers can seek much-needed resources to pay for the medical bills, lost earnings, and living expenses you incurred as a result of your crash.
Need help with your bicycle accident claim in O’Fallon? Beck & Beck Missouri Car Accident Lawyers is here to help. Call (636) 238-5934 for a free initial consultation!
Why Choose Our O’Fallon Bicycle Accident Lawyers?
Beck & Beck Missouri Car Accident Lawyers is a family-run law firm with family values. We are the only Missouri injury law firm that focuses exclusively on traffic accident cases, and our attorneys have over 30 years of combined legal experience.
Our team has successfully resolved thousands of cases and recovered millions of dollars for injured clients. You can find us at 300 Fort Zumwalt Square #108, O’Fallon, MO 63366. Schedule a consultation with us to find out how we can help you.
Steps to Prove Fault After a Bicycle Accident
Missouri law entitles you to seek compensation for injuries that resulted from someone else’s negligent or intentional acts. Intentional bike crashes are rare, but they can happen. For example, if someone deliberately hits you in a road rage incident, they commit the intentional tort of battery. Similarly, if a driver swerves toward you to scare you and you crash, they commit the intentional tort called assault.
In either case, you can seek compensation by proving that they intended to make harmful contact or cause the fear of imminent harmful contact. You would generally not need to prove that they intended to injure you.
Most bicycle accidents, however, are unintentional. You can recover compensation in these situations by proving the driver was negligent. Negligence includes the following four elements:
- Duty of care
- Breach of duty
- Loss
- Causation
The duty of care applies to all road users, including bicyclists, motorists, and pedestrians. This legal duty requires them to use the roads with reasonable care for the safety of others.
Drivers breach this duty when they do something that creates an unreasonable risk of injury or death to others. This act or omission could be a traffic violation, such as speeding or failing to yield at an intersection. Alternatively, it might be a legal but unreasonably dangerous action, such as cutting you off while passing.
Finally, you must prove the negligent act directly caused your losses. If you suffered an injury or lost a loved one because a driver failed to exercise reasonable care, you can likely meet these elements. The evidence we use to prove these elements often includes the following:
- The accident report
- Medical records
- Your testimony
- Witness statements
- Expert witness reports
When you hire an O’Fallon bicycle accident lawyer at Beck & Beck Missouri Car Accident Lawyers, we gather evidence to prove liability while you focus on your health.
Can the Bicycle Rider Be Partially Responsible?
Missouri is a pure comparative negligence state, so contributing to the cause of your accident does not deprive you of your right to seek injury compensation. In an accident where both parties bear some fault, the insurer or jury assigns each a percentage of the blame. Missouri law allows you to seek compensation regardless of your share. However, your compensation is typically reduced in proportion to your blame.
For example, suppose that you were riding down a hill when a car backed out of a driveway, causing a collision. The driver did not see you coming because they were distracted, and you could not stop because you were speeding. A jury might assign 25% of the blame for the crash to you, meaning you can recover compensation for 75% of your losses.
The same rules of negligence apply to bicyclists. You may be liable for any act or omission that failed to meet the care and caution expected of a reasonable cyclist, including the following:
- Riding under the influence of drugs or alcohol
- Failing to yield
- Drifting out of your lane
- Speeding
- Failing to signal a turn or lane change
- Distracted riding
The battle in these cases often involves the allocation of blame between you and the driver. We gather evidence and present legal arguments to fight for a favorable allocation of blame so that you can recover as much compensation as possible for your injuries.
We Handle Hit-and-Run Bicycle Accidents
Under MORev Statute § 577.060, hit-and-run crashes happen when a driver is involved in an accident that causes death, injury, or property damage and knowingly leaves the accident scene without stopping to exchange information. This law covers collisions between vehicles and bicycles.
Drivers flee after hitting cyclists for many reasons, such as:
- Intoxication
- Lack of insurance
- Outstanding warrants
- Fear of the consequences
Regardless of the reason a driver left the scene of your accident, Our top rated O’Fallon bicycle accident lawyers can help. We can use our resources to investigate your crash, find the driver, if possible, and hold them responsible for the injuries they caused.
Importantly, when a driver commits a hit and run, they are potentially liable for the injuries caused by the accident and their failure to stop and help. For example, if your doctor believes your amputated foot could have been saved if you had received immediate attention, we can also seek compensation from the hit-and-run driver for the unintended effects of their leaving the scene.
How Bicycle Accidents Happen
Bike accidents can happen for a number of reasons, but some causes tend to be more common than others in Missouri. According to the Missouri Traffic Safety Compendium, the most frequent causes of bicycle accidents in the state include the following:
Failure to Yield
Drivers often fail to yield to bicycles at intersections and crosswalks. This violation can occur when drivers fail to spot the cyclist due to inattention. They also happen when impatient drivers try to surpass riders through the intersection rather than waiting for them.
Another common scenario happens when drivers turn left into a rider traveling straight. These are some of the most dangerous collisions because the vehicle can broadside the bicycle, slamming the rider to the ground and colliding with them before they can stop.
Disobeying a Traffic Sign or Signal
Drivers who run red lights or stop signs pose a danger to both bicyclists and other motorists. However, crashes can also happen when drivers disobey these signals in a more subtle way.
For instance, a driver might make a right turn on a red light and hit an oncoming cyclist. They might also proceed through a yield sign instead of waiting for an approaching rider.
Improper Lane Usage or Lane Change
Bicycles are entitled to use bicycle lanes and shoulders. Drivers can cause accidents by driving into or blocking these lanes.
Riders can also use travel lanes where there is no shoulder or bikeway. Drivers who fail to share their lane or pass riders safely can cause collisions. For example, a common cause of bicycle crashes occurs when drivers crowd riders while overtaking them or sideswipe them when changing lanes after passing.
Distracted Driving
Bicycles travel more slowly than automobiles, and they are also smaller. Distracted or inattentive drivers might not spot a bicycle or might notice it only after it is too late to avoid a collision.
Speeding
Drivers who speed are more likely to lose control of their vehicle. For example, a driver who speeds around a curve may be more likely to drift into the shoulder and hit a bicyclist. Similarly, drivers who travel too fast for the road or environmental conditions might not spot a bicyclist at night or in a rainstorm before hitting them.
Impaired Driving
Drugs and alcohol can affect a driver’s judgment and coordination. They might fail to see a rider or misjudge their speed or distance. An impaired driver might also spot the bicycle but lack the coordination to maneuver safely around it.
Missouri Laws to Protect Bicyclists
Missouri’s traffic laws include some special provisions to protect bicyclists. These protections include:
Full Rights to Use Roadways
Bicycles are considered vehicles and, thus, have the same rights. This means drivers must yield to bicycles at intersections and in traffic just as they would yield to automobiles.
Overtaking Safely
Drivers have to pass at a safe distance. Missouri law also requires vehicles to fully clear the bicycle before moving back into the lane. However, the state does not specify a minimum distance or require vehicles to move fully into another lane when overtaking bicycles.
Prohibited Use of Bike Lanes
Missouri law prohibits drivers from parking or driving in bike lanes. They are allowed to cross bike lanes when turning, but only if the lane is clear.
Rules Against “Harassment”
Drivers are not allowed to harass bicyclists under the city ordinances in St. Louis, Kansas City, and elsewhere. Harassment happens when a driver knowingly frightens or threatens a rider by driving aggressively, honking their horn, throwing objects, or engaging in other dangerous acts.
What Damages Can I Recover?
Under Missouri law, our O’Fallon bicycle accident attorneys can seek compensation for both economic and non-economic losses on your behalf.
Economic Losses
Economic losses cover the monetary impacts of your injuries. They include the medical bills you paid or may incur in the future due to your accident.
These losses also involve the wages you were not able to earn in the past due to your recovery, as well as the income you might not earn in the future because of long-term or permanent disabilities. We prove your economic losses using financial records like receipts, credit card statements, and medical bills.
Non-Economic Losses
Non-economic losses refer to the intangible effects of your injuries on your quality of life. After you get injured, you may experience pain, mental anguish, and emotional distress. You might not be able to participate in the same activities or hobbies afterward. Worse yet, your injuries might result in the loss of a body part or disfiguring scars.
We demonstrate these non-economic losses to an insurer or court by using your medical records and your testimony explaining how your injuries affected you.
When Should I File My Bicycle Accident Claim?
All states impose a deadline to file lawsuits. Missouri’s statute of limitations for personal injury cases is five years after the incident. However, it’s essential that you contact our bicycle accident lawyers as soon as possible after your accident. The quicker you start your claim, the sooner it may be resolved.
Additionally, your attorney will need time to gather evidence and customize a legal strategy to pursue compensation. Evidence can get lost, and memories might fade if you wait too long to file your claim.
There Is No Fee Until We Win!
Beck & Beck Missouri Car Accident Lawyers is committed to protecting the rights of traffic accident victims throughout the state. We focus our practice on helping bicyclists, motorists, and pedestrians injured by careless drivers, and we have the resources you need to successfully fight at-fault drivers and insurers for fair compensation.
When you hire our firm, we listen to you and devise a customized strategy to tell your side of the story. Our team can gather evidence and negotiate a settlement with the at-fault driver’s insurer. However, we also have extensive experience in the courtroom. If we cannot settle your case, we can file a lawsuit and fight for you in court.
Most importantly, we provide these services on a contingency fee basis. This means we charge no legal fees unless we win or settle your claim.
Don’t wait to protect your future. If you were hurt in a Missouri bike crash, contact us to schedule a free consultation with our dedicated O’Fallon bicycle accident lawyers to explore your legal options today.
Locations near O’Fallon, Missouri, which our legal team help victims of bicycle accidents include St. Louis, Florissant, Springfield, Kirksville, Columbia, and more.
