Blank Kim Injury Law's Podcast

Bicycle accident lawsuits Baltimore, MD

Aaron Blank Season 1 Episode 1

Who can be held responsible in a bicycle accident lawsuit?

In a bicycle accident lawsuit, several people may be found accountable, based on how the crash occurred and who contributed to the harm. The most common culpable party is a careless driver who broke traffic laws, drove distractedly, sped up, or failed to yield to a bike. In these circumstances, the driver's insurance company is usually liable for damages such as medical costs, lost pay, and pain and suffering. However, culpability can go beyond the driver. If bad road conditions, such as potholes, missing signage, or unsafe bike lanes, contributed to the accident, the city, county, or other government entity responsible for road maintenance may be held liable. Furthermore, if a mechanical breakdown caused the crash, the manufacturer or merchant of the bicycle or its components may be held liable under product defect regulations. Other parties, such as commercial vehicle operators, rideshare drivers, or contractors working in road construction zones, may also be held liable if their conduct produced dangerous conditions. In some circumstances, numerous persons are liable, and an attorney can advise on how culpability should be split.

Can I still submit a claim if the driver left the scene?

Yes, you can still submit a claim if the driver fled the scene, and there are various legal tools available to assist you in seeking compensation. Unfortunately, hit-and-run bicycle accidents are widespread, but victims are protected under the law. If the driver cannot be identified, you may be able to recover damages under your own insurance policy, especially if you have uninsured/underinsured motorist (UM/UIM) coverage. This form of coverage is intended for circumstances in which the at-fault motorist is unknown, uninsured, or unable to compensate you for your damages. In many situations, your UM policy can compensate you for medical expenses, lost income, pain and suffering, and bicycle damage, just as you would in a regular injury claim. Even if you believe you do not have UM coverage, you should review your policy or consult with an attorney because these benefits are frequently included by default. Furthermore, police investigations, video surveillance, eyewitness testimony, and traffic camera recordings may still identify the fleeing driver, allowing you to file a standard injury claim. 

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