Even when you follow the rules of the road, a driver who fails to yield, passes too closely, or turns into your path can cause serious injuries. Bicycle accidents can be especially dangerous because cyclists have no vehicle frame, airbags, or seatbelts to protect them in a collision.

If you were hurt in a cycling accident because of someone else’s negligence, you might be able to get compensation for your losses. But figuring out who was at fault and seeking damages on your own can be tough. Insurance companies might dispute your version of what happened, question how serious your injuries are, or claim you were partly to blame.

Irigonegaray & Revenaugh in Topeka may be able to help you. We independently investigate the facts of your collision, identify liable parties, and negotiate with insurance companies. If disputes cannot be resolved through a fair settlement, we will file a lawsuit on your behalf when necessary.

A bike accident can happen in many ways, and the circumstances surrounding a crash often determine who may be held responsible. Some of the most common causes of bicycle accidents involve driver behavior, including:

• Intersection collisions. These occur when drivers fail to see cyclists or misjudge their speed as they approach or cross an intersection.
• Left turns. A driver turns left across the path of an oncoming cyclist, causing a collision.
• Right-hook crashes. A driver turns right across the path of a cyclist traveling in the same direction.
• Unsafe passing. Drivers who pass too closely may strike cyclists or force them onto gravel, uneven pavement, or other hazards.
• Distracted driving. Drivers who text, eat, or engage in other distractions behind the wheel may fail to notice cyclists.
• Speeding. Excessive speed reduces a driver’s ability to react and avoid a collision with a cyclist.
• Drunk driving. Alcohol or drug impairment can affect a driver’s judgment, coordination, and reaction time.
• Dooring. This happens when someone opens a parked car door directly into an approaching cyclist’s path.

Not all bicycle accident injuries involve a negligent driver. Other hazards may also contribute to crashes. These include:

• Hazardous road conditions. Potholes, loose gravel, construction debris, and damaged pavement can cause cyclists to lose control.
• Defective bicycle parts. Faulty brakes, tires, or other bicycle components can contribute to accidents.
• Poorly maintained property. Unsafe conditions on private or public property can create hazards that lead to bicycle accidents.

Many bike accident claims are settled through negotiation, but if your case goes to trial, a judge or jury will decide who is at fault based on the evidence. Depending on what happened, the driver, bicycle manufacturer, property owner, or someone else could be legally responsible for your injuries.

Bicycle accident injuries can have lasting consequences, affecting your ability to work, stay active, and perform everyday tasks. Common injuries sustained in bicycle accidents may  include:

• Broken bones. Fractures to your wrists, arms, legs, or other bones can cause significant pain and make it difficult to work or perform daily activities.
• Concussions. A blow to your head can cause headaches, dizziness, confusion, and other symptoms that may persist after your accident.
• Traumatic brain injuries (TBIs). Serious head injuries can lead to long-term memory problems, difficulty concentrating, and other cognitive challenges.
• Spinal cord injuries. Damage to your spine can affect mobility, require extensive rehabilitation, and sometimes result in permanent disabilities.
• Torn ligaments. Knee injuries and other ligament damage can limit your movement and require months of treatment or physical therapy.
• Deep cuts and lacerations. When you come into contact with vehicles, pavement, or debris, you may sustain serious wounds that may require stitches or even surgery.
• Internal injuries. A crash can injure your internal organs or cause internal bleeding, which might require emergency medical care.

Medical documentation, including X-rays, treatment notes, specialist reports, and rehabilitation records, can help establish the severity of your injuries and their impact on your daily life.

Kansas traffic laws help protect cyclists by establishing rules that both bicyclists and drivers must follow when sharing the road, such as:

• Equal rights on the road. Cyclists traveling on public roads generally have the same rights and responsibilities as motor vehicle drivers. Drivers must respect your right as a cyclist to use public roads and follow applicable traffic laws.
• Traffic law compliance. Cyclists must obey traffic signals, road signs, and right-of-way rules, just like other drivers.
• Three-foot passing rule. Drivers overtaking cyclists traveling in the same direction must maintain at least three feet of clearance.
• Passing in no-passing zones. Drivers may cross a no-passing zone to overtake a bicycle when they can do so safely and meet other statutory requirements.
• Riding near the right side of the road. Cyclists traveling slower than surrounding traffic generally must ride as close to the right side of the road as practicable.
• Exceptions to right-side riding. Cyclists can leave the right-hand side if they need to avoid a hazard, get ready to turn left, pass another vehicle, or if the lane is too narrow for both a car and a bicycle to fit safely.

Breaching a traffic law does not automatically make you responsible for a bicycle accident. Liability will depend on several factors, including causation, the facts of the crash, and the available evidence.

Kansas uses a modified comparative negligence system. This means you can usually recover damages if your share of fault is less than the fault of the other party or parties involved in the accident. The amount of compensation typically goes down by your share of fault. For example, if the award for damages is $100,000 but the judge or jury finds that you are 20% at fault, you would get $80,000.

If the fact-finder (judge or jury) determines that you are 50% or more at fault, you generally cannot recover damages under Kansas’s comparative negligence law.

If another party’s negligence caused your bicycle accident, you may be able to get compensation for losses such as:

• Medical expenses,
• Lost wages,
• Diminished earning capacity,
• Future medical expenses,
• Pain and suffering,
• Permanent disability,
• Loss of enjoyment of life, and
• Property damage.

The amount of compensation you can receive depends on how serious your injuries are, what losses you can show, who was at fault, and what insurance applies. If a motor vehicle struck you while you were riding, personal injury protection (PIP) may also help cover certain expenses, depending on the applicable insurance coverage.

Recovering from a bicycle accident can be physically, emotionally, and financially challenging. At Irigonegaray & Revenaugh, we bring more than four decades of legal experience and a commitment to personalized representation.

We take the time to listen to you so we can understand your circumstances, explain your options, and advocate for your interests. If you were injured in a bicycle accident in Topeka or elsewhere in Kansas, contact our office to speak with a bicycle accident lawyer. There is no charge for your initial consultation.