By Patrick Nolen on July 3, 2024
Riding a bicycle is a beloved pastime and a healthy, eco-friendly way to commute in Birmingham. But accidents can happen in the blink of an eye when cyclists share the road with motor vehicles. If you or a loved one suffered injuries in a bicycle accident, you may be facing a long road to recovery paved with mounting medical bills, lost earnings, and the physical and emotional pain of your injuries.
The Birmingham bicycle accident lawyers at Cory Watson Attorneys understand your challenges in seeking justice and compensation for your losses. We have created this guide of frequently asked questions about Birmingham bicycle accidents to provide answers to some of your most pressing questions.
Birmingham Bicycle Accident FAQs
Here are some of the most frequently asked questions we are asked about bicycle accidents in Birmingham.
What should I do immediately after a bicycle accident?
If you’re involved in a bicycle accident, your priority should be your health and safety. If possible, move to a safe location away from traffic. Call 911 to report the bicycle crash and request medical assistance if needed.
Even if you feel fine, see a doctor and get a medical evaluation, as some injuries may not be immediately apparent. This also establishes a medical record of your injuries and strengthens your insurance claim. Gather evidence at the scene, such as photos of the damage, contact information for witnesses, and the driver’s insurance details. Avoid admitting fault or signing any documents without consulting a lawyer.
Should I accept the first offer from the insurance company?
After a bicycle accident, the at-fault party’s insurance provider may contact you with a settlement offer. While it may be tempting to accept the first offer and move on with your life, it’s important to understand that insurance companies often prioritize their own interests over yours. The initial settlement offer may not consider the full extent of your injuries, future medical costs, lost income, pain and suffering, and other losses you may be entitled to.
Before accepting any settlement offer, consult an experienced bicycle accident lawyer to assess your case, determine the true value of your claim, and negotiate with the insurer on your behalf. Once you accept a settlement offer, you typically waive your right to seek additional compensation in the future, so make an informed decision that protects your long-term interests.
What compensation can I receive after a bicycle accident?
If you’ve been injured in a bicycle accident caused by someone else’s negligence, you may be able to recover various forms of compensation. These include medical expenses (both current and future), lost wages or income, pain and suffering, emotional distress, and property damage. In cases of serious injuries or permanent disability, you may also be eligible for long-term care costs and loss of future earning capacity.
The amount of compensation you receive will depend on factors such as the severity of your accident injuries, the extent of the other party’s negligence, and the insurance coverage available.
How can a lawyer help me after a bicycle accident?
Hiring a skilled personal injury lawyer, like those at Cory Watson Attorneys, can make a significant difference in the outcome of your case. Our attorneys can:
- Investigate your bicycle accident and gather evidence to support your claim
- Identify all potentially liable parties and their insurance coverage
- Handle all communication with the insurance companies and negotiate with them on your behalf
- Consult medical experts to assess the full extent of your injuries and future needs
- Fight for your rights in court, if necessary, to secure the maximum compensation you deserve
Our lawyers understand the physical, emotional, and financial toll a bicycle crash can take on you and your family. We’re here to provide the support and guidance you need every step of the way.
What if the driver who hit me was uninsured or underinsured?
If the driver who caused your bicycle accident was uninsured or had insufficient insurance coverage, you might still have options for recovering compensation. Your own automobile insurance policy may include uninsured/underinsured motorist (UM/UIM) coverage, which can help cover your damages.
Additionally, if a defective roadway or bicycle part caused the accident, you might have a claim against the responsible municipality or manufacturer. Our lawyers can review your case and discuss your options for financial recovery.
How long do I have to file a lawsuit after a bicycle accident in Birmingham?
In Alabama, the statute of limitations for personal injury claims, including bicycle accidents, is generally two years from the accident date. This means you have two years to file a lawsuit against the responsible party.
However, some exceptions, such as claims against government entities, may have shorter notice and filing requirements. It’s important to consult with a lawyer as soon as possible after your accident to ensure your rights are protected, and your lawsuit is filed within the appropriate time frame.
How much does it cost to hire a bicycle accident lawyer?
At Cory Watson Attorneys, we understand that a bicycle accident can be financially straining. That’s why our lawyers work on a contingency fee basis, meaning you don’t pay any attorney fees unless we successfully recover compensation for you. Our initial consultation to discuss your case is also free. We believe that everyone deserves access to quality legal representation, regardless of their financial situation.
What should I do if a loved one is killed in a bicycle accident?
Losing a loved one in a bicycle accident is a devastating experience. In addition to the emotional trauma, you may also face financial challenges, such as medical bills, funeral expenses, and the loss of your loved one’s income.
In Alabama, certain family members may be entitled to file a wrongful death claim against the responsible party to seek compensation for these losses. This includes the deceased’s spouse, children, parents, or personal representative. A compassionate and experienced wrongful death attorney can help guide you through this challenging process and fight for the justice your loved one deserves.
Can I still recover compensation if I wasn’t wearing a helmet during my bicycle accident?
Alabama doesn’t have a law requiring bicyclists to wear helmets. However, wearing one is always a good idea and can help reduce the risk of a serious head injury. That said, not wearing one does not automatically disqualify you from recovering compensation in a bicycle accident case. An experienced bicycle accident lawyer can help demonstrate that the driver’s negligence was the primary cause of the accident and your injuries.
What if a defective road or bicycle part caused my bicycle accident?
In some cases, bicycle accidents may be caused by factors other than a driver’s negligence, such as defective road conditions or faulty bicycle parts. If a defective road caused your accident, you might have a claim against the city, county, or state responsible for maintaining the roadway. To succeed in such a claim, you’ll need to demonstrate that the government entity knew or should have known about the dangerous condition and failed to take appropriate action to fix it.
If a defective bicycle part caused your accident, you may have grounds to bring a product liability claim against the manufacturer, distributor, or retailer of the faulty component. Product liability cases can be complex and time-consuming, requiring expert testimony and detailed evidence to prove that the defect caused your injuries.
For a free legal consultation, call 877-562-0000
Where Do Bicycle Accidents Most Often Occur in Birmingham?
Bicycle accidents in Birmingham can happen anywhere cyclists and motor vehicles share the road, but some areas are more prone to accidents than others. Many cyclists in Birmingham ride for pleasure or commute along popular routes, such as the Vulcan Trail, Jemison Trail, and Shades Creek Greenway. These trails offer scenic views and an opportunity to enjoy the outdoors, but they also intersect with busy roads at various points, increasing the risk of accidents.
Downtown Birmingham, particularly around the University of Alabama at Birmingham (UAB) campus and the city center, is another area where bicycle accidents are more likely to occur. With a high concentration of students, faculty, and staff, many people rely on bicycles for transportation in this area. However, the heavy traffic and congested streets can create hazardous conditions for cyclists.
Other areas in Birmingham where bicycle accidents may be more common include:
- Highland Avenue: This popular cyclist route runs through the historic Highland Park neighborhood and connects to several parks and trails. However, the road is narrow and heavily trafficked, increasing the risk of accidents.
- Lakeshore Drive: Connecting to the Shades Creek Greenway (also known as the Lakeshore Trail), this road is a common route for cyclists traveling between Homewood and Mountain Brook. The high-speed traffic and lack of dedicated bike lanes can make it dangerous for cyclists.
- Cahaba River Road: This winding, scenic road is popular among cyclists for its natural beauty, but it also has narrow shoulders and blind curves, making it challenging for drivers to see cyclists.
Birmingham Bicycle Laws Designed to Protect Cyclists
In Birmingham, several laws are designed to protect bicycle riders when sharing the road with motor vehicles. These laws are designed to promote a safe and more bicycle-friendly community. Some of the key laws include:
- Three-Foot Passing Law: Alabama requires motor vehicle drivers to maintain a safe distance of at least three feet when passing a bicycle. This law helps ensure that bicyclists have enough space to ride safely and reduces the risk of bicycle accidents caused by drivers passing bikes too closely.
- Bicycle Lanes: Birmingham has invested in creating dedicated bicycle lanes on many roads throughout the city. According to Alabama law, motorists are prohibited from driving or parking in bike lanes except when necessary to enter or leave the roadway or to prepare for a turn.
- Bicycle Right-of-Way: Cyclists in Birmingham have the same rights and responsibilities as motorists on the road. This means that drivers must yield the right-of-way to cyclists when required, such as at intersections or when the cyclist is proceeding straight through an intersection and the motorist is turning.
- Helmet Law: While Alabama does not have a statewide helmet law for cyclists 16 and older, the state does require cyclists under 16 to wear a helmet while on public roads, sidewalks, or trails. This law helps protect young cyclists from serious head injuries in the event of an accident.
- Lighting and Reflector Requirements: Alabama law mandates that bicycles ridden at night must use a front white light visible from at least 500 feet and a rear red reflector visible from 100-600 feet. This law helps make cyclists more visible to motorists in low-light conditions, reducing the risk of accidents.
Contact our personal injury lawyers today
Contact Our Birmingham Bicycle Accident Lawyer Today
Bicycle accidents can be life-altering events, leaving victims with severe injuries, mounting medical bills, and a long road to recovery. As a cyclist in Birmingham, understanding your rights and knowing what steps to take after an accident can significantly affect your ability to secure the compensation you need to move forward.
At Cory Watson Attorneys, we have been fighting for the rights of injury victims for over 40 years. With more than $3 billion recovered for our clients, we have the experience and resources to handle even the most complex bicycle accident cases. Our dedicated personal injury lawyers understand your challenges and are committed to providing the compassionate support and aggressive representation you need to seek justice.
If you or a loved one suffered injuries in a bicycle accident in Birmingham, don’t hesitate to contact us at (205) 328-2200 or through our online form to discuss your case during a free, no-obligation consultation. We’re here for you 24/7, ready to provide the support and guidance you need during this challenging time.
Call or text 877-562-0000 or complete a Free Case Evaluation form