Bicycle Accidents

Huntsville, AL, Bicycle Accident Lawyer

Best Decatur Bicycle Accident Lawyer Near Me

We can help you in Madison, Morgan, Lawrence, and Limestone counties and the surrounding areas.

In 2020, there were 220 accidents involving cyclists in Alabama. One hundred sixty-eight (168) of them were injured, and eight (8) cyclists were killed. Fourteen percent (14%) of cycling accidents in the state occur on rural routes and 86% on urban streets. There were 857 bicyclists killed in traffic crashes in the United States in 2018. Most bicycle accidents are caused by motorists who simply do not see the bicyclists when they are at intersections or in the traffic lane. Even though bicycles share the same responsibilities as automobiles, unfortunately they are much easier to hit and result in greater, even catastrophic, injuries. Many cycling accidents occur in the bike lane, on crosswalks, and in the blind spots of other vehicles. If you or a loved one has been involved in a bicycle accident in Alabama, our bicycle accident attorneys are here to help. We understand and offer a FREE consultation 24 hours a day, 7 days a week. Call now 256-534-3435.

If you have been struck while riding a bike, chances are that you have sustained severe injuries. In the event that you are injured and go to the hospital, be sure to have documentation produced for you that will provide support for an accident injury claim if you are going to proceed with our lawyers regarding an accident settlement or lawsuit. Always cooperate with law enforcement officials if they request a statement at the scene or hospital, and obtain a copy of any police reports. This will assist your attorney in pursuing payment of your medical expenses and other damages.

What to do After an Alabama Bicycle Accident

If you have been in a bicycle crash, below is a list of things you need to do:

• Immediately file an accident report with the police, sheriff, or highway patrol if the agency has not done so at the scene.
• Do not leave the scene of the accident until the police have told you that you are free to go.
• Write down the name, address, insurance information, vehicle license number, and driver’s license number of any and all persons involved in the accident. Record the names, addresses, and telephone numbers of all witnesses.
• Obtain photographs of the accident scene, all vehicles involved (before repairing), and any visible injuries to the parties involved, such as cuts, bruises, and scars.
• Do not discuss the accident or your injuries with anyone, with the exception of your doctor and your attorney.
• Do not consent to a recorded statement or sign any document without first reviewing it with your attorney. Innocent statements made by you attempting to assist an insurance adjuster can easily be misinterpreted and used to deny or minimize your recovery.
• Immediately seek medical attention and tell your doctor the nature and extent of your pain and injury and how the injury occurred.
• Don’t post medical updates about your recovery; don’t post any physical activities you may or may not be doing. Stay off social media.
• Keep all of the GPS, GoPro, and Strava data from that ride.
• Hire an experienced bicycle accident attorney, not a television or billboard attorney who you will never meet.
• Track your expenses.
  A strong claim clearly outlines the financial impact of your accident. Keep records of your:
  • medical bills,
  • mileage driven to doctors’ appointments,
  • rental bike expenses,
  • time away from work,
  • and any other expenses your accident has caused.

Bike Accident Injuries

Although mandatory helmet laws and the use of other safety equipment such as lights, flashers, and proper clothing can reduce the chance of a bike crash, if one does occur, it usually results in significant personal injury. The most common injuries are:

• Concussions and closed-head injuries
• Fractures of arms, legs and ribs
• Spinal injuries, including herniated discs
• Contusions, bruises, contusions, and severe abrasions often called road rash
• Internal bleeding and injuries to vital organs
• Lacerations
• Eye injury
• Chest injury
• Degloving injury
• Amputation
• Paralysis
• Wrongful death
• Soft tissue injuries
• Hip injuries
• Shoulder injuries
• Strained ligaments
• Back muscle sprains
• Jaw injuries
• Loss of teeth
• Neck injuries
• Crushed larynx
• Crushed trachea
• Broken neck
• Pelvic injuries
• Penetration injuries
• Post-traumatic stress disorder (PTSD) and other mental health issues

In Huntsville, some of the most common bicycle-related injuries include cuts, scrapes, and contusions. These injuries are frequently seen among cyclists who ride in areas with rough terrain or without dedicated paths. Accidents involving motor vehicles and bicycles are also prevalent, often resulting in broken bones, head injuries, back injuries, and neck injuries. Head injuries are particularly concerning as they account for a significant percentage of long-term disabilities and fatalities from bicycle accidents in the city.

Who is liable for my bicycle accident in Alabama?

If you or a loved one is injured or killed in a bicycle accident, it’s important to maximize your recovery.The parties at fault could include:

• Driver of the motor vehicle;
• Commercial businesses (trucking companies, delivery companies, etc.) if the driver of the vehicle was on the clock;
• Governmental agencies or public entities;
• Road construction companies and contractors;
• Pedestrians

Alabama Bicycle Rider Obligations?

• Cyclists in Alabama must ride on the right side of the road.
• If a bike path is available, you should use the bike path.
• No more than two bicycle riders can ride alongside each other in the same lane.
• At night, a bike must have a white headlamp or light that can be seen from a distance of at least 500 feet and a red rear reflector that can be seen from 100 to 600 feet.
• Riders in Alabama under the age of sixteen must wear a bicycle helmet.

Common reasons for insurance injury denials in Alabama

• Injury unrelated to the accident: Make sure you receive medical treatment as soon as possible after an accident; otherwise, insurance may argue your injury is from an unrelated incident.
• Accident was your fault/contributory negligence: Insurance companies will work to show you were partially at fault for the accident.
• No coverage: the driver policy has been canceled or the driver is not a covered driver.
• Insured not cooperating: The insured must cooperate with their insurance company by providing an accident report, giving statements, and responding to phone calls.

Bicycle Accident Statistics

The statistics and facts you should know about bicycle accidents include the following:

• In 2019, nearly 900 cyclists were killed in motor vehicle traffic crashes in the United States. Cyclist deaths accounted for 2.1 percent of all motor vehicle traffic fatalities.
• Bicyclist deaths occurred most often between 6 p.m. and 9 p.m.
• Bicyclist deaths occur most often in urban areas (75%), compared to rural areas (25%).
• Bicyclist deaths were 8 times higher for males than females in 2017.
• Alcohol was involved in 37% of all fatal bicycle crashes in 2017.
• Cyclist fatalities were highest in Florida (125), California (124), and Texas (59).
• The nation’s injuries from bicycling average 49,000 per year. On average, that costs the National Safety Council $4 billion a year.
• Over the past 10 years (2008–2017), the average age of pedal cyclists killed in motor vehicle crashes has increased from 41 to 47.

Important Things To Do When Biking In Alabama

When going for a ride, always remember the following:

• Ride a bike that fits you.
• Make sure your bike is in good mechanical order.
• Ride with a cell phone, personal identification, emergency contact, and something to write with.
• Wear bright clothing, a bike helmet, reflective gear, a white front light, a red rear light, and reflectors.
• Ride with both hands unless doing a turn signal
• Make sure the shoelaces are tightly tied.
• Know your route and do not make quick jerky turns or lane changes.
• Carry all items in a backpack.
• Drive defensively.
• Be alert, and watch all drivers and their movements.
• Drive in the same direction as traffic.
• Obey all lights, signs, and hazards.
• Never text, talk, or take pictures with your phone.
• Do not wear headphones or sound-blocking equipment.
• Never use drugs or alcohol before or during a ride.
• Check your law to make sure sidewalk riding is legal.
• Watch for pedestrians.
• Pass pedestrians by announcing “on your left” or “passing on your left” or using a bell.
• Slow down and look for cars backing out of driveways or turning.
• Use bike lanes when it is safe to do so.

Bicycle Damages You Can Recover For In Alabama

Most vehicle-bicycle accidents are caused by the driver’s inattention. The Huntsville Law Office of Ferguson and Ferguson is an experienced bicycle accident law firm with a long track record of obtaining for clients the compensation and accountability they deserve. An individual who negligently operates a motor vehicle in Huntsville may be liable for a wide variety of damages that an accident can cause, including but not limited to the following:

• Disability and Disfigurement
• Loss of Consortium
• Medical Bills
• Prescriptions
• Future Medical Costs
• Lost Wages: If you have been injured in a bicycle accident, it’s important to understand the potential consequences. One of these consequences could be lost wages. This means that you may be unable to work and earn a living as a result of your injuries. It’s crucial to seek appropriate medical care and legal assistance to ensure that you receive the compensation you deserve for your injuries and any financial losses you have incurred.
• Loss of Earning Capacity
• Mental and Emotional Distress: In addition to the physical injuries that these safety measures aim to mitigate, it is important to acknowledge the emotional distress that can follow a bicycle accident. Victims may experience a spectrum of psychological effects, including, but not limited to, post-traumatic stress disorder-like symptoms such as flashbacks, persistent fear of cycling, heightened anxiety, and episodes of depression.
• Out-of-pocket expenses
• Pain and Suffering:
• Rehabilitative care
• Medical devices (crutches, wheelchairs)
• Bicycle repair or replacement value
• Loss of Enjoyment of Life
• Wrongful Death

A bicyclist’s actions play a significant role in determining their ability to seek monetary compensation for losses and injuries following an accident. Bicyclists must adhere to traffic laws just like any other driver. Negligent behavior or failing to follow the rules of the road can have serious consequences in the event of an accident. Alabama law operates on the principle of contributory negligence, where even minimal fault on the part of the injured party can bar them from recovering damages. This means that if a bicyclist is found to bear any responsibility for an accident, even as low as one percent, they may be prevented from pursuing compensation through a civil lawsuit. Understanding and abiding by traffic laws and safety regulations is crucial for bicyclists to protect their legal rights in the event of an accident.

What are some common types of bicycle accidents that happen in Huntsville, AL

When it comes to common types of bicycle accidents that can happen in Huntsville, it’s essential to be aware of the risks that bicyclists face on the road. Some of the most frequent accidents include sideswipe collisions, where a vehicle hits the side of a bicycle in an adjacent traffic lane; rear-end collisions, which can dislodge cyclists from their bikes and cause debilitating injuries; head-on bicycle crashes, where the front tire of a bicycle is struck by another vehicle, potentially resulting in fatal injuries; and T-bone or broadside bicycle accidents, occurring when the front of a vehicle collides with the side of a bicycle, especially at intersections. Being knowledgeable about these common types of accidents can help both bicyclists and motorists take necessary precautions to prevent them and promote road safety for all.

Causes of bicycle accidents in Alabama:

Bicycle accidents can be caused by any of the following:

• Car and Bike Driver negligence
• Automobile Drunk driving
• Car and Bike Drivers failing to yield
• Defective maintenance of bike paths
• Defective bicycle
• Left-turning vehicle at an Intersection
• Left-turning vehicle through a Gap in Traffic
• Right-Turning Vehicle Traveling Ahead of a Cyclist
• Right-turning vehicle overtaking a Cyclist
• Doored on the Driver’s Side
• Doored on the Passenger’s Side
• Rear-Ended by a Vehicle When Merging Across Lanes to Turn Left
• Side-swiped by a Passing Vehicle
• Rear-Ended by a Passing Vehicle
• Dog attack
• Potholes
• Malfunctioning Traffic Lights
• Improper Placement of Utility Poles or Trees near the Roadway
• Foliage: Obstructing stop signs or other signs
• Lack of a properly designed shoulder
• Improper design or placement of median barriers
• Improper lane width
• Improperly designed intersections
• Narrow bridge abutments
• Uncovered ditches, obstructions or poor drainage
• Construction site violations

Frequently Asked Bicycle Accident Questions

These are some of our most frequently asked questions:

If I wasn’t wearing a helmet during my accident, am I still entitled to compensation?

Yes, you can still recover.

Do I need a lawyer after a bicycle accident?

In a bicycle accident case, you are dealing with a team of insurance adjusters and attorneys. There job is to pay you as little as possible. Contact an experienced car accident attorney who will give you a free consultation.

How can you make yourself more visible to drivers on the road?

To enhance your visibility as a cyclist to other drivers on the road, there are several measures you can take. Firstly, ensure that you have a functioning front headlight and a rear reflector, as these are required by law for night riding. Additionally, consider wearing bright colors not only during the night but also during the day to make yourself more noticeable to vehicles around you. These simple yet effective steps will help increase your visibility and ensure a safer cycling experience.

How can bicyclists seek compensation after a crash?

By contacting an experienced bicycle accident lawyer, cyclists can schedule a free consultation to discuss their case and explore potential avenues for seeking compensation to help them rebuild their lives after the accident.

What are some bicycle safety tips for avoiding accidents in Alabama?

1. Enhance your visibility: Make yourself more visible to other road users by using a front headlight and rear reflector, especially during night rides. Wearing bright colors, both day and night, can also increase your visibility.

2. Stay alert and aware: Keep your focus on the road and be mindful of your surroundings. Stay alert to potential hazards such as open car doors or sewer grates. Avoid wearing headphones while biking to ensure your full attention is on the road. Also, rely on your hearing to detect approaching vehicles and sounds that may indicate potential danger.

3. Maintain your bicycle regularly: Implement routine maintenance checks on your bike. Ensure your brakes and tires are in good condition, as they play a crucial role in controlling your speed and enabling emergency stops.

4. Obey traffic signs and signals: Remember that, as a cyclist, you are considered a vehicle on the road. Adhere to all traffic signs, signals, and right-of-way rules. By following the rules of the road, you help other motorists predict your movements.

5. Choose designated areas for riding: When sharing the road with motor vehicles, ride as far to the right as possible, and when available, utilize assigned bicycle paths. This helps minimize your interaction with vehicles and provides a safer route for cycling.

What Alabama bicycle laws should all drivers and cyclists know?

1. Bicycles are considered vehicles. Cyclists have the same rights and duties as any other vehicle on the road in Alabama. This means they must obey traffic signs and signals.

2. Riding position: Cyclists should ride as far to the right as practicable, except when making a left turn. This helps create a safe distance between bicycles and motor vehicles. Riding two abreast on roadways is limited to a maximum of two cyclists.

3. Sidewalk usage: Bicycles are not allowed on sidewalks in Alabama. They are intended for pedestrian use only.

4. Bike path usage: When a designated bike path is available, cyclists should utilize it instead of riding on the roadway. These paths may include specific bike lanes or marked sidewalks.

5. Helmet usage: Bicyclists under the age of 16 are required to wear helmets that fit well and are securely fastened. Although not legally mandated for those 16 and older, wearing a helmet is strongly recommended for safety.

6. Night visibility: Cyclists must enhance visibility at night. A white light that can be seen from at least 500 feet ahead should be mounted on the front of the bicycle. Additionally, a red reflector visible from up to 600 feet must be installed on the rear of the bike.

7. No alcohol or intoxicant consumption: Bicycling under the influence of alcohol or other intoxicants is prohibited, as bicycles are considered vehicles under Alabama state law.

8. No attachment to motor vehicles: Cyclists are not allowed to attach themselves or their bicycles to motor vehicles, such as holding onto a moving vehicle for transport.

9. Safe passing distance: Motor vehicles overtaking a bicycle must leave at least 3 feet of space between the vehicle and the cyclist. This “3 Foot Bike Law” helps ensure the safety of cyclists on the road.

10. Vehicle door safety: When a car is parked on the side of the road, drivers must ensure it is safe to open their doors without interfering with traffic, including oncoming bicycles.

In Huntsville, Alabama, violating bicycle laws can result in misdemeanor charges. Additionally, parents who knowingly allow their children to break these laws, such as by riding without a proper helmet or using inadequate seat restraints, could be held criminally responsible for their children’s actions. This means that parents may face legal consequences if their children ride without helmets or without appropriate restraints while bicycling in Huntsville, Alabama.

What are the rules in Alabama about overtaking a bicycle on the road?

In Alabama, the rules for overtaking a bicycle on the road are well-defined. According to the state’s safe passing laws, any vehicle that intends to overtake a bicycle must ensure that there is a minimum distance of 3 feet between their motor vehicle and the bicycle. This gap is crucial for the safety and well-being of the cyclist. Therefore, if a car is attempting to pass a bicycle on the road in Alabama, it is mandatory for the driver to provide this adequate buffer space to ensure a safe and smooth passing maneuver.

Should I accept a settlement?

If you are injured, you should never accept a settlement from an insurance company before talking to an attorney. Insurance companies try to pay out as little money as possible in every case. An attorney can usually get you a much bigger settlement.

What injuries are most common from bicycle accidents?

People injured in car accidents in Alabama often sustain cuts, broken bones, and soft tissue injuries. Other common injuries from car wrecks can include neck injuries, herniated discs, head injuries, and brain injuries.

How much does a bicycle accident lawyer cost?

Most attorneys offer free consultations and take personal injury cases on a contingency basis. We never charge a fee up front. We only get paid if we win your case. All consultations are free.

How much time do I have after my car accident to file a lawsuit?

Two years in Alabama, unless you are a minor.

What should I do after my accident?

Call the police and make a report. Notify your insurance company. Take pictures of the accident scene and your injuries. Get medical treatment. Call our office.

Our bicycle accident attorneys are here to help.

If you’ve been injured for any of these reasons, you deserve maximum compensation. Contact our Huntsville and Decatur bicycle accident attorneys to find out what you can recover in your case. When you contact us, it will only take a few minutes of your time to find out if you have a case, which can result in tens of thousands of dollars in compensation for you or your loved ones. Being injured in a bike accident can take a lot out of your physical and emotional health. You need to hire an attorney who understands what you’ve been through and can recover fair compensation to put you back in the position you were in before the accident. You have enough on your mind after a bicycle accident; the last thing you need to worry about is paying your hospital bills and recovering lost wages. Call now. Call 256-534-3435 or 256-350-7200. We are here to help.

Our bicycle accident attorneys serve every city and county in the state of Alabama. Check out our resources page for more information.

State of Alabama Bicycle Laws

Every person riding a bicycle on a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle under this chapter, except as to special regulations in this article and as to those provisions of this chapter that, by their nature, have no application.
(Acts 1980, No. 80-434, p. 604, §12-102.)

Riding bicycles.

(a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

(b) No bicycle shall be used to carry more people at one time than the number for which it is designed and equipped.
(Acts 1980, No. 80-434, p. 604, §12-103.)

Clinging to vehicles.

No person riding on any bicycle, coaster, roller skate, sled, or toy vehicle shall attach the same or himself to any vehicle on a roadway.
(Acts 1980, No. 80-434, p. 604, §12-104.)

Riding on roadways and bicycle paths.

(a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

(b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

© Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.
(Acts 1980, No. 80-434, p. 604, §12-105.)

Carrying articles.

No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars.

Lamps and other equipment on bicycles.

(a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the department which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.

(b) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
(Acts 1980, No. 80-434, p. 604, §12-107.)

Violations of article as misdemeanor; responsibility of parent or guardian; applicability of article.

(a) It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this article.

(b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.

© These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.

Bicycle Safety laws

Definitions.

As used in this article, the following words shall have the following meanings:

(1) BICYCLE. A human-powered vehicle with two wheels in tandem design to transport by the act of pedaling one or more persons seated on one or more saddle seats on its frame. “Bicycle” includes, but is not limited to, a human-powered vehicle designed to transport by the act of pedaling which has more than two wheels when the vehicle is used on a public roadway, public bicycle path, or other public road or right-of-way, but does not include a tricycle.

(2) OPERATOR. A person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle.

(3) OTHER PUBLIC RIGHT-OF-WAY. Any right-of-way other than a public roadway or public bicycle path that is under the jurisdiction and control of the state or a local political subdivision thereof.

(4) PASSENGER. Any person who travels on a bicycle in any manner except as an operator.

(5) PROTECTIVE BICYCLE HELMET. A piece of headgear which meets or exceeds the impact standard for protective bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation, or which is otherwise approved by the Alabama Department of Public Safety.

(6) PUBLIC BICYCLE PATH. A right-of-way under the jurisdiction and control of the state, or a local political subdivision thereof, for use primarily by bicyclists and pedestrians.

(7) PUBLIC ROADWAY. A right-of-way under the jurisdiction and control of the state or a local political subdivision thereof for use primarily by motor vehicular traffic.

(8) RESTRAINING SEAT. A seat separate from the saddle seat of the operator of the bicycle or a bicycle trailer or similar product that is fastened securely to the frame of the bicycle and is adequately equipped to restrain the passenger in the seat and protect the passenger from the moving parts of the bicycle.

(9) TRICYCLE. A three-wheeled human-powered vehicle designed for use by a child under the age of six.
(Acts 1995, No. 95-198, p. 306, §2.)

The purpose of this article is to reduce the incidence of disability and death resulting from injuries incurred in bicycling accidents by requiring that, while riding on a bicycle on public roadways, public bicycle paths, or other public rights-of-way, all operators and passengers who are under 16 years of age to wear approved protective bicycle helmets, and by requiring that all bicycle passengers who weigh less than 40 pounds or are less than 40 inches in height be seated in separate restraining seats.

Unlawful for person to use bicycle under certain conditions.

It is unlawful for any person to use a bicycle on a public roadway, public bicycle path, other public rights-of-way, state, city, or county public park under any one of the following conditions:

(1) For any person under the age of 16 years to operate or be a passenger on a bicycle unless at all times the person wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.

(2) For any person to operate a bicycle with a passenger who weighs less than 40 pounds or is less than 40 inches in height unless the passenger is properly seated in and adequately secured in a restraining seat.

(3) For any parent or legal guardian of a person under the age of 16 years to knowingly permit the person to operate or be a passenger on a bicycle in violation of subdivision (1) or (2).

Why Hire Bicycle Accident Attorneys Ferguson and Ferguson

The law offices of Ferguson and Ferguson take pride in giving each client individual and personal attention.

• We are committed to excellent client service.
• We care about our clients and have patience.
• We identified the party responsible for your injuries.
• We obtain your medical records and bills.
• We can help with financial assistance.
• We will help you get the necessary medical treatment.
• We get your bills paid, reduced, and/or eliminated.
• Free phone consultations are available 24/7.
• Free office consultations are available as late as 7 p.m. and on Saturdays.
• There are two locations near you.
• We answer all our client’s calls or return them promptly.
• We make sure that our clients understand each step of their case.
• We have great compassion for the physical, emotional, and financial problems that our clients suffer, and we will do everything possible to get them through their difficult times.

If you have been injured in a bicycle accident, call now for your free consultation with one of our experienced bicycle accident lawyers. Call now. 256-534-3435.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street NE
Decatur,, AL 35601