Bicycle Accidents
Bicycle Accident Lawyers in Kansas City
Bike Accident Attorneys Serving Overland Park
Suffering from a bicycle accident is a traumatic experience, but at the Law Office of Tom Wagstaff Jr., LLC in Overland Park, we are committed to helping you understand your legal options to pursue justice and compensation. Our team takes pride in offering a personal approach, dedicating the necessary time and attention to each client’s case, so you never feel like you’re in over your head or overlooked. We aim to simplify the process of filing a bicycle accident claim, providing you with clear, friendly guidance that you can count on, even if your case is headed for courtroom litigation.
Did someone hit you while you were riding your bike? Call our Kansas City bicycle accident attorneys at 816-708-0524 now to request a free initial case review.
Kansas Bicycle Laws That May Affect Your Claim
Bicyclists must ride on the right-hand side of the road, following the flow of traffic. They should use designated bike lanes when available. Cyclists are also required to obey traffic signals and signs, including stop signs, traffic lights, and yield signs. Cyclists must use hand signals to indicate turns and stops. A left arm extended straight indicates a left turn; a left arm extended horizontally indicates a right turn; and a left arm extended downward indicates a stop.
Bicycles must be equipped with a front lamp emitting a white light visible from a distance of at least 500 feet and a rear red reflector or lamp emitting a red light visible from a distance of at least 300 feet. Motorists must give at least 3 feet of clearance when passing a bicyclist. There is no statewide law in Missouri requiring adults to wear helmets while riding bicycles.
Do Bicyclists Have the Right-of-Way?
Bicyclists in the Kansas City area, do not always have the right-of-way. Bicyclists on public streets and highways have the same rights and responsibilities as motor vehicle operators, meaning they must follow the same traffic rules. This includes yielding the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Knowing the right-of-way rules for bicyclists is crucial when you’re riding your bike and when evaluating liability for a bicycle accident.
Common Causes of Bicycle Accidents
Bicycle accidents can occur for a variety of reasons, with the majority stemming from the negligence of motorists, not bicyclists. Our legal team has the resources and experience to handle all types of bicycle accident cases, including those that require litigation. We are committed to seeking justice for local bicyclists who have been unfairly injured due to others’ carelessness or recklessness. Common causes of bicycle accidents are:
Driver inattention is a leading cause of bicycle accidents in Kansas City and many other cities across the country. Many drivers fail to notice bicyclists on the road, particularly when they are distracted by mobile devices or other activities while driving.
A driver who is operating their vehicle recklessly, or at high speeds, poses a significant risk to bicyclists. The higher the speed, the less time a driver has to react to a bicyclist on the road.
Some drivers do not respect the rights of bicyclists to share the road. This refusal can lead to dangerous situations where bicyclists are squeezed into tight spaces or forced off the road entirely.
Drivers who are distracted by activities such as texting, talking on the phone, adjusting the radio, or eating may fail to notice cyclists sharing the road with them.
Excessive speed reduces a driver's reaction time and ability to stop suddenly, increasing the likelihood of a collision with a cyclist.
Drivers under the influence of alcohol or drugs are more likely to cause accidents, including those involving cyclists, due to impaired judgment, reduced coordination, and slower reaction times.
One of the most common causes is when motorists fail to yield the right-of-way to cyclists, especially at intersections, crosswalks, or when making turns.
This occurs when a motorist parked on the side of the road opens their car door into the path of an oncoming cyclist. It can lead to serious injuries or even fatalities.
Motorists may attempt to pass cyclists without providing sufficient space, leading to sideswiping or forcing the cyclist off the road.
Bicycle Accident Injuries
Bicycle accidents often result in severe injuries, given the minimal protection that a bicycle provides against the force of a collision. The consequences of these accidents can be life-altering, leading to significant physical and emotional trauma. Our Kansas City bicycle accident lawyers can work closely with medical experts to fully comprehend the extent of our client’s injuries and any resulting permanent disabilities. This comprehensive understanding aids us in effectively advocating for the compensation our clients need to cover their medical expenses and other damages. Six common injuries suffered by bicyclists in accidents include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Fractures and broken bones
- Facial and dental injuries
- Internal injuries
- Road rash
Proving Liability in a Bicycle Accident Claim
Liability for a bicycle accident involving a motor vehicle can vary depending on the circumstances of the accident. Here are some key factors that determine who may be held liable:
The motor vehicle driver may be held liable if their negligence or recklessness caused the accident. This could include actions such as speeding, distracted driving, failure to yield, drunk driving, or any violation of traffic laws that leads to the collision.
In some cases, a cyclist may be partially or fully responsible for the accident if they acted negligently or violated traffic laws. For example, if the cyclist ran a red light or stop sign, was riding on the wrong side of the road, or was not using lights or reflectors at night, they could be held liable for contributing to the accident.
If the accident was caused by hazardous road conditions, such as potholes, uneven pavement, or inadequate signage, the government entity responsible for maintaining the road may be held liable for negligence in maintaining safe road conditions.
If the accident was caused by a defect in the motor vehicle or its parts, such as faulty brakes or steering mechanisms, the manufacturer or maintenance provider may be held liable for product liability.
If the driver was operating a vehicle in the course of their employment at the time of the accident, their employer may be held vicariously liable for the driver's actions under the legal principle of respondeat superior.
Other parties, such as pedestrians, other cyclists, or property owners, may also be held liable if their actions or negligence contributed to the accident.
Contact the Experts
At the Law Office of Tom Wagstaff Jr., LLC, we have extensive resources we can use to thoroughly investigate the scene of a bicycle accident. This process often involves collecting and preserving crucial evidence, such as photographs of the scene, testimonies from witnesses, police reports, and video footage if available. Our Kansas City bike accident lawyers can meticulously review all this material to gather facts that can establish fault in the accident.
Our firm’s solid reputation allows us to collaborate effectively with third-party experts who can provide additional valuable insights and evidence that further support your case. This could include accident reconstruction specialists who can reenact the collision to illustrate how it occurred, or medical experts who can testify on the nature and extent of your injuries. This collaborative approach enhances our ability to prove liability in a bicycle accident claim, putting your case in a stronger position during litigation or settlement negotiations.
What Damages Can You Claim?
While no amount of financial compensation can undo the trauma of a bicycle accident, it can significantly alleviate the burden of recovery. The funds you receive can cover medical bills, compensate for lost income, and provide for future needs arising from your injuries. We understand the importance of financial security after a cycling accident and are determined to secure maximum compensation for you. If that means taking the case to court to fight for a fair award, we are prepared to go that extra mile. The types of damages that can be claimed in a bicycle accident lawsuit usually include:
This includes expenses for emergency care, hospitalization, surgery, medication, physical therapy, and any anticipated future medical needs related to the accident.
Compensation for the income you lost because you were unable to work due to your injuries.
If your injuries have affected your ability to earn income in the future, you may be compensated for this diminished earning capacity.
This covers the physical pain and emotional distress you've experienced as a result of the accident.
Start With a Free Case Review
Navigating a bicycle accident claim can be complex and challenging, but you don’t have to deal with it on your own—and you shouldn’t. Get our dedicated and experienced Overland Park bicycle accident attorneys on your side, so we can guide you every step of the way. We understand the financial, physical, and emotional toll that such accidents can take, and we are committed to fighting for justice on your behalf. If you or a loved one has been injured in a bicycle accident in the Kansas City area, don’t hesitate to reach out to us for a free initial consultation. Want to talk to a cycling accident lawyer directly? Just call 816-708-0524.