Experienced Delaware Bike Accident Lawyers
Help for injury victims in Wilmington, Newark, New Castle, Seaford and throughout the state
Delaware is a beautiful place to ride bicycles for recreation and transportation. Biking is an excellent way to get exercise, as well as an environmentally friendly way of getting around. However, cyclists can find themselves at a high risk for accidents and injury, especially when involved in a collision with a motor vehicle.
At Silverman, McDonald & Friedman, you will enjoy the benefits of working with a Delaware injury attorney team with 100 years of combined legal experience. We take a proactive and aggressive approach to fighting for your right to recover compensation for your injuries. We offer a free consultation and take cases on contingency. Contact us in Wilmington, Seaford, New Castle or Newark to learn more.
The Bicycle Friendly Delaware Act
According to Delaware State Police, Delaware saw 146 bicycle-related traffic crashes in 2017, in which 107 cyclists were injured and four of which were fatal. Specifically, New Castle County reported 60 bike crashes, Kent County reported 26, and Sussex County reported 58 accidents.
To address these statistics, on October 5, 2017, Governor John Carney signed the Bicycle Friendly Delaware Act into law, which mandates guidelines for bicyclists and motorists, including:
- Bicycle traffic signals designed to reduce traffic crashes at intersections, where the majority of serious bike accidents occur
- Requires motorists to change lanes when travel lanes become too narrow for side-by-side sharing of the lane
- Motorists are now forbidden to honk at cyclists when passing except in cases of imminent danger
- Clarification of where to ride
- The “Delaware yield,” which permits bicyclists to yield at stop signs where the coast is clear instead of requiring them to come to a complete stop
Why do bike accidents and injuries occur?
According to the U.S. Centers for Disease Control and Prevention (CDC), “bicyclists face a higher risk of crash related injury and deaths than occupants in motor vehicles.” The National Highway Transportation Safety Administration (NHTSA) report that most traffic crashes are a result of some form of driver error. Lately, the increasing problem of distracted driving has contributed to a significant increase in traffic crashes and fatalities, including bicycle crashes.
Other factors that contribute to injuries from bicycle crashes include:
- Drunk driving
- Failure to use turn signals
- Failure to yield the right of way
- Mechanical defects
- Opening a vehicle door into a bike’s lane of travel
- Roadway defects
After a bike accident, a cyclist can experience serious to life-threatening injuries. The Delaware bike accident attorneys at Silverman, McDonald & Friedman can help you hold the right people accountable.
What are typical injuries from a Delaware bike accident?
Bicyclists have no protection from collisions with oncoming vehicles or traffic, and they are completely vulnerable to injury from every direction. Even when a rider is pedaling down a quiet road, there is still the chance that their tire could hit a rock or run into a rut, causing the rider to crash and slide in dirt, gravel, and asphalt. If you are riding your bike in traffic and get hit by a car, some of the injuries you suffer could be devastating, including:
- Broken bones, fractures
- Limb loss
- Traumatic brain injury
- Spinal cord injury
- Crush injuries
- Road rash
- Cuts and lacerations
- Organ damage
- Soft tissue injuries
Many of these injuries require a lengthy recovery period, while some may cause permanent disability and lifelong medical care.
Can I sue a driver if their car hits my bike?
If you were injured in an accident while on your bike because another person acted negligently, you’re likely eligible to bring a personal injury action. Just like a personal injury case, you must prove the driver of the vehicle that hit you was negligent. Our attorneys work to establish the three following points:
- That the driver involved in the accident was negligent
- That their negligence caused the accident
- You suffered injuries as a result of this negligence
This is because all drivers owe a duty of care to each other as well as the general public, which includes cyclists and pedestrians. The privilege of operating a vehicle obliges drivers to follow traffic laws, drive safely, and avoid putting other people at risk. If a cyclist – or anyone – is hurt or killed when a driver fails in their duty of care, they can be held liable for your losses and damages.
If you were involved in a bike accident or crash, you can strengthen your case by keeping every piece of documentation you can. This includes police reports, medical records, and photographs of the scene of the accident.
Our Delaware bicycle accident attorneys can help determine the strength of your case and provide the legal guidance you need.
What if I’m an out-of-state visitor injured in a Delaware bike accident?
Because of Delaware’s reputation as a lovely beach destination, many tourists come in from out of state to enjoy the weather. Beachgoers and families from Maryland, New Jersey, and Pennsylvania often all make Delaware their temporary home during the summer. Bicycling is a popular way to get around seaside communities – but with a high number of people on the road who are unfamiliar with the area, accidents are bound to occur.
Even if you aren’t a resident, but are injured in an accident here in Delaware, you have the right to bring an injury case against the at-fault driver within the state. A successful case can secure you compensation for your injuries and losses.
What is my Delaware bike accident injury case worth?
If your injuries are from a bicycle crash that was caused by the negligence of another driver, defective equipment or roadway defects, you may be able to take legal action against the responsible party. If you have had medical treatment, you have lost time from work recovering from your injuries, and you are suffering from physical and emotional pain because of the accident, all of these are losses for which you deserve to recover compensation. If you are successful in proving that the defendant was at fault in the crash that caused your injuries, you may be able to recover the following damages:
- Medical expenses; past, current, and future
- Lost income
- Diminished earning capacity
- Pain and suffering
- Emotional distress
- Other losses related to the crash
When you work with the experienced Delaware bicycle accident injury lawyers from Silverman, McDonald & Friedman, you can be confident that we will do our best to recover the compensation you deserve. We hold those responsible for your injuries accountable for your losses. We understand your needs, and we are here to help you get through a difficult time so that you can move forward with your life.
Bicycle accident lawyers asserting your rights in Delaware
Bicyclists have the right to share the road, too. The experienced bicycle injury attorneys at Silverman, McDonald & Friedman fight for a fair judgment in your personal injury case. To schedule a free consultation with an experienced Delaware bike accident lawyer in one of our offices in Wilmington, Newark, Seaford, or New Castle, you may call 302-888-2900 or fill out our contact form now.