Cyclists Hit by Drunk Drivers: Understanding Your Rights

Many people love cycling for leisure or a mode of transport to go to work or school. However, cyclists are vulnerable to lots of dangers on the road. Think of a situation where an intoxicated driver under the influence of drugs or alcohol hits a bike rider. Without some form of protective gear to shield them from the impact of such accidents, cyclists can suffer serious injuries or death.

According to the NHTSA, 857 bicyclists died in traffic crashes in 2018 [source]. Luckily, riders have the opportunity to be compensated for either actual or punitive damages. The DUI victim can also be present during the driver’s trial and make contributions regarding the accident.

Cyclists Rights After Being Hit by a Drunk Driver

Cyclists and motorists have varying laws depending on the state, but they must obey all traffic rules. However, in case of an accident caused by an impaired driver, the bicyclist suffers more damages. Unlike the motor vehicle operator, the bicyclist has no seatbelt, air nag, or steel frame for extra protection. Recently, a truck driver under the influence of meth had a collision involving 20 cyclists, which killed five of them near Las Vegas.

Fortunately, the law protects bicyclists who are victims of impaired driving. They have the right to attend and contribute to the driver’s trial. Additionally, they should receive all information about the proceedings against the motor vehicle operator and get compensated. The victims are also entitled to a civil lawsuit for damages.

Pursuing Bike Accidents

When pursuing bicycle accident settlements, victims need first to collect evidence. It helps support your claims for the compensation you ask for and to show that you were not at fault during the accident. It’s straightforward for economic damages since you can show the following:

• Repair bills
• Continued care cost
• Medical bills
• Records for lost wages

It may be challenging to determine non-economic damages, but some evidence, such as the post-crash diary, can help. Therefore, immediately after the crash, ensure that you record everything. The more details you can remember will also assist your attorney when arguing the case for it to be successful.

You can also have a written record of what happened to shed light on who was at fault and to what extent. Add more information about how you feel, whether you are anxious, afraid, or stressed. Also, include the hardships you’ll face while supporting your family or if you have the fear of riding a bike again.

Getting a Legal Claim

In case you have an accident caused by a drunk driver, you need to start a legal claim within three years. If you surpass the deadline, you won’t have the right to compensation. However, depending on the injury you sustained, specific pre-court processes may apply. The procedures come with time limits; thus, you need to handle them more urgently or risk losing your bicycle accident settlement.

A professional attorney will help you determine the settlement and then start negotiations with the driver’s insurance company. The insurer will take you seriously when you involve an attorney and will not take you in endless circles. An experienced lawyer has vast knowledge and expertise to get the maximum compensation for an injured cyclist. The damage coverage for drunk driving can range from $50,000 to $200,000, depending on various factors.

Intoxicated drivers put many cyclists’ lives at risk, with one death occurring every 51 minutes around the United States. It puts bicyclists at a higher risk of severe injuries or death due to their bikes’ open nature. As a rider, you can always seek a legal claim with your lawyer’s help for injuries or damages sustained from an accident.