Bicycle Accident Lawyer
This Page Teaches:
- Bicycle Accident Statistics
- Bicycle Accident Causes [list by frequency]
- Bicycle Laws
- Criteria to select the best bicycle accident lawyer
Our bicycle accident lawyers have been representing injury victims since its founding in 1969. The location of the Hamilton & Associates makes it particularly appropriate for bicycle accident cases because it is located in Pleasant Hill, Missouri.
Pleasant Hill is on the Katy Trail and hosts many bicyclists traveling throughout Missouri. Furthermore, several major highways go through the area which causes a greater number of bicycle accident injuries than normal. This increases the frequency of bicycle accidents we handle. Our greater experience with bicycle accidents has led to sharper skills, and better success.
Both our bicycle accident lawyers, Matt Hamilton and Joe Hamilton, are bicyclists. They are also keenly aware of the specific bicycle laws that relate to these avoidable accidents and how to help bicycle accident victims in court to receive injury compensation.
How to Identify the Best Lawyer for a Bicycle Accident:
- Cost – Expect your bicycle accident lawyer to operate on a contingency fee. This means the lawyer should charge nothing unless that lawyer collects money for you. We advance the cost of experts and litigation fees. We charge no greater percentage even though bicycle accident cases are more difficult because of the unique experience required.
- Experience – Bicycle accident cases are different than auto accident cases. Different laws are used in bicycle cases than either auto accidents or pedestrian accidents. These differing regulations and laws add a level of complexity you will need your bicycle accident lawyer to know. Regularly handling bicycle cases since 1969 gives us an advantage.
- Success Rate – The bicycle accident attorney you choose should have a high success rate. For example, at Hamilton & Associates, we get full compensation for victims at a greater rate than other law firms. This is due to our reputation, which is known to insurers and the court system. Our professional approach to bicycle cases bolsters our reputation. We put more time and effort into each claim and therefore get better results.
Bicycle accident investigation – an often overlooked step
Our attorneys begin immediately with the bicycle accident investigation. We travel to the scene of the wreck, take extensive photographs, interview witnesses, take photographs of any vehicles involved and get the medical treatment off the ground on the right foot.
Hit and run bicycle-auto accidents
One of the most common types of bicycle accidents is a hit and run. Studies of bicycle accident causes point to several factors:
- Alcohol intoxication
- Auto driver with a warrant for his arrest
- Inattention
- Driver panic
- Inattention to the accident
- Callous indifference
Hit and run bicycle auto accidents are different the typical bicycle crash. First, different insurance is involved since there are some cases when the incident will be covered by uninsured motorist coverage. Other time, the crime victim’s compensation fund may become involved.
Most importantly, the investigation as to who caused the wreck must immediately and thoroughly be completed. This begins with:
- Tire track analysis
- Local vehicle reports
- Witness statements
- Skid or tire-tread investigation
Atypical hit and run accidents must be carefully approached. We do everything possible to get full compensation for the victim.
How common are bicycle accident injuries?
The (C.D.C.) United States Government Center for Disease Control keeps detailed statistics on bicycle injuries and deaths. There are an estimated 494,000 emergency room bicycle injury visits yearly in the United States with more than 900 bicycle accident victims killed yearly. Lifetime medical costs and loss of productivity costs the United States $10 billion dollars related to bicycle accidents, each year. (Centers for Disease Control Motor Vehicle Safety & Bicycle).
Bicycle accident death rate appears slowing but only slightly. It is as follows:
- 2011 = 682 bicycle accident deaths
- 2012 = 772 bicycle accident deaths
- 2013 = 749 bicycle accident deaths
- 2014 = 726 bicycle accident deaths
These bicycle accident deaths represent merely 2% of the total number of the United States victims killed or injured in auto accidents. (NHTSA traffic safety facts)
Bicycle injuries have been trending upward. They are as follows:
- 2008 = 52,000 bicycle accident injuries
- 2009 = 51,000 bicycle accident injuries
- 2010 = 52,000 bicycle accident injuries
- 2011 = 48,000 bicycle accident injuries
- 2012 = 49,000 bicycle accident injuries
- 2013 = 45,000 bicycle accident injuries
- 2014 = 50,000 bicycle accident injuries
(NHTSA traffic safety facts 2016)
Who is most likely to be killed in a bicycle accident?
The National Highway Traffic Safety Administration keeps statistics on bicycle accident fatalities. These are reported as follows:
- The safest states in the United States are Rhode Island and Vermont who report no bicycle fatalities.
- The most dangerous bicycle states are California, Florida, and Texas with 128, 139, and 50 bicycle accident fatalities per year, respectively.
- 19% of bicycle deaths have a blood/alcohol concentration over the legal limit (the bicyclist)
- 71% of bicycle deaths occur in cities
- 20 % of bicycle accident deaths occur between 6:00 p.m. and 9:00 p.m.
- 88% of bicycle deaths are men
- The average age of the person killed on a bicycle is 45 years old
What are the causes of bicycle accidents?
There has been a recent national survey on bicycle accident causes. It reports the causes of bicycle accidents as follows:
- Hits from cars = 29%
- Falls off bicycles = 17%
- Roadway defects = 13%
- Bicyclist errors and failure to pay attention = 13%
- 2 bicycles colliding = 7%
- Dog attacks = 4%
How Bicycle Accident Lawyers prove fault
There are 2 methods our bicycle accident attorneys use to prove who is at fault for the bicycle accident:
- Negligence: The first way to prove bicycle accident fault is by using the common laws of tort as passed down by the courts of the United States and the individual states, such as Missouri. These are the negligence rules we know. We prove that the cause of the bicycle accident from the perpetrator was due to inattention, a breach of the duty to watch out for others, and other common sense causes.
- Negligence Per Se: The second (more effective) way to prove bicycle injury fault is through the rules of negligence per se. These are the laws and regulations of the State of Missouri that pass down various obligations for automobile drivers and other bicyclists.When a law or regulation is breached, it is also a breach of the common law of negligence. Furthermore, the breach of the regulation or law itself is used to prove negligence per se. This in many instances can negate the allegation from insurance lawyers that the bicyclist is at fault.
Our attorneys at Hamilton & Associates use these to benefit our bicycle accident victims.
Call us and we can discuss the specifics of your bicycle accident.