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Does a Bicyclist Injured While Riding Against Traffic Have a Case?

Have you or someone you know been in an accident with an automobile while riding a bicycle? There are details involving the location and flow of traffic which can affect whether you have a case in this situation, and it may be different from what you might expect. A previous case involving such an incident clearly illustrated the rules of the road, how and when they apply, and the resulting options to make a claim.

Our client was riding her bicycle on the side of the roadway, in the direction against oncoming traffic. The driver of one such oncoming vehicle was not paying attention as the vehicle before him stopped for traffic, and this driver swerved right to miss that vehicle, then crashing head-on into our client, who suffered significant injuries. Her leg was split from thigh to ankle, resulting in major loss of blood that the paramedics considered life-threatening. Fortunately, she recovered, but her leg was seriously deformed from the accident.

The insurance company for the driver that hit our bicyclist client denied her case, and after she hired her first lawyer they denied her again. That lawyer then referred the case to us. The rules of the road state the bicyclist must ride her bike with the flow of traffic and obey all traffic signs and lane markings just like an automobile when riding in the roadway. However, the client was not riding her bicycle in the roadway; she was riding her bike in the grassy area on the side of the roadway, meaning that law does not apply to her. When riding on the side of the roadway she is treated the same as a pedestrian, meaning she can walk or ride in either direction.

From the location of the debris and eyewitness testimony, we were able to prove our client was on the side of the roadway, and the insurance company then had to settle the case for the full policy limits of the defendant’s insurance coverage. Hiring an experienced attorney knowledgeable in bicycle accident law made the difference between our client getting full compensation or having her case denied following her life-changing injuries. Watch the video to learn more.

If you have additional questions about accidents involving bicycles and automobiles, I want you to call me at (888) 487-8546. I welcome your call. Visit our educational website at www.kalfusnachman.com/videos for more videos and media content from our law firm.

Video Transcript

Paul Hernandez:

My client was riding her bicycle against the flow of traffic when she was hit by a car and badly injured. Did she have a case? Hi, I'm Paul Hernandez, attorney at Kalfus and Nachman, litigating cases in Virginia and North Carolina.

My client was riding her bicycle on the side of the roadway, minding her own business. A driver of a car coming towards her was not paying attention when the vehicle in front of him stopped for traffic. Instead of the driver crashing into that stopped car, he darted to the right and crashed head-on into my client causing significant injuries. As you can imagine, this was a serious accident. My client's leg was split open from her upper thigh all the way down to her ankle. The paramedics were worried that she would not make it because of the major loss of blood. Fortunately, she recovered. However, her leg was seriously deformed.

Sounds like a slam dunk case? Well, the insurance company for the man who crashed into my client denied her case. So she hired a lawyer. The insurance company denied her case again, and that lawyer referred the case to me based on my reputation and results. You may be wondering why the insurance company denied her case. They denied the case because the rules of the road state that if you are riding a bicycle in the roadway, the bicyclist must ride her bike with the flow of traffic and obey all traffic signs and lane markings like an automobile.

But you have already heard that my client was riding her bike against traffic. Doesn't that mean she loses? The answer is no. No, she does not lose because my client was not riding in the roadway. She was riding her bike in the grassy portion on the side of the roadway. She was not on the roadway, so the law does not apply to her. On the side of the roadway, she is the same as the pedestrian. She can walk or ride in any direction. I was able to prove my client was on the side of the roadway from the location of the debris and with eyewitness testimony. Once I was able to prove that my client was on the side of the roadway, the insurance company had no alternative but to settle the case for the full policy limits of the defendant's insurance. I was so happy I was able to get her full compensation in her case.

You may be wondering why I'm telling you about this. I'm telling this to you because many bicycle accident cases are denied by the insurance company because they do not think the injured person will hire an experienced personal injury attorney who knows bicycle accident law.

If you have questions about bicycle accident law, call me, Paul Hernandez, at 888-487-8546. I answer questions like this every day. Thanks for watching.

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