What Happens if You Are Hit By a Car While Biking in Maryland?

Key Takeaways:

• Cyclists who are hit by cars are especially vulnerable to injury since there is no cage around them to take on some of the kinetic energy of a collision.
• Cyclists tend to have the right of way on the road, but you’ll likely still need an accident attorney to pursue a claim with confidence.
• While Maryland dictates that drivers must exercise caution around bike riders, you as the cyclist are also expected to follow the rules of the road.
• Do not admit fault or make a deal with an insurance provider before speaking to a lawyer and getting the medical attention you need.

Nearly 130,000 cyclists sustain injuries in crashes each year in the United States, resulting in health care expenses, lost wages, and more. Unlike car accidents, where drivers are protected by their vehicles, cyclists have little protection in the event of a crash. If you are a cyclist who suffered injuries in an accident, call the Maryland personal injury attorneys at Bowers Law for help.

Hit by a Car as a Cyclist? Here’s What to Do

Getting hit by a car as a cyclist can be especially scary considering how easy it is to get seriously injured. If you are struck by a vehicle while on a bicycle, the following steps can help you navigate the aftermath and get the medical attention and compensation you need.

1. Check Yourself for Injuries

Immediately check yourself for injuries. Be especially careful if you find it difficult to move. Call for emergency services and wait for first responders to arrive, even if you feel fine. Under no circumstances should you leave the scene of an accident before emergency personnel show up.

2. Do Not Admit Fault

At no time following the accident should you admit fault. There may be circumstances surrounding the crash that you are unaware of or eyewitnesses who saw something before impact, such as the negligence of the vehicle. Any statement of fault can be used against you by insurance companies. By admitting fault, you also become at risk for a lawsuit by the other party.

Maryland is an at-fault (or tort) state, meaning that drivers — or, in this case, cyclists — can sue for compensation if the other party is responsible for the accident. An admission at the scene of the accident can jeopardize your accident case.

Instead, seek the legal advice of an experienced Maryland bicycle accident lawyer as soon as possible following the accident to determine your next steps. During your initial free case evaluation, be sure to tell the attorney if you admitted fault, apologized, or said anything that could be construed as an admission of fault.

3. File a Police Report

Once a law enforcement officer arrives, you must provide details of your account of the accident, including what you were doing before, during, and after the crash. Get a copy of the police report, as this will be a key piece of evidence to prove or disprove car insurance claims for you and the driver. It will also be crucial if the driver seeks legal action against you following the car accident. Again, do not admit fault while at the scene of the accident to anyone, including the police officer.

4. Exchange Contact and Insurance Information With the Driver

You will need to exchange contact information and insurance details (e.g., name of insurer, insurance policy number, etc.) with the driver while at the scene unless you are too injured and need immediate transport to a medical facility. Start a file with this information and provide it to your bike accident lawyer when you meet.

Why Clients Choose Bowers Law

At Bowers Law, we have years of experience handling injury cases throughout Maryland, including bicycle injury cases. Getting hit by a car while on your bike is tough enough to deal with on its own, so we are happy to take on the legal aspects of the aftermath for you. You can focus on recovery while our team builds a case on your behalf to pursue just compensation. Given Maryland’s strict liability standard, we know how hard it can be to get compensation, but we fight for you anyway. Take a look at what some of our previous clients had to say about our services.

Testimonials

I was recently involved in a car accident and a friend insisted I contact Bowers Law. The entire team helped me navigate what would have been a very complicated and overwhelming situation. They made the entire process easy and educated me on what was happening along the way. I’m so glad I contacted them. Jobeth Bowers is the person you want on your side if you are involved in an accident! — Dimi M.

“This has been such a long and painful journey but these guys made it so much better and much easier. They handled EVERYTHING! Not to mention the communication on their end to update me on everything. It was greatly appreciated. Thank you!” — Autumn F.

How is Fault Determined in an Accident with a Cyclist in Maryland?

Drivers are expected to exercise due care around bicyclists, including maintaining a safe distance. At the same time, cyclists must follow all rules and traffic laws surrounding riding on roads with motorized vehicles or in a designated bike lane. Since Maryland is an at-fault state, it is essential to understand how fault is determined in an accident with a bicyclist here and how insurance coverage will factor into the outcome.

Determining fault starts with an accident investigation by the insurance companies of both parties involved, you and the driver. The results of these investigations will lead each insurance company to make an at-fault determination, which they will apply to any insurance claim.

However, insurance companies often disagree, leading to a lawsuit. If and when this happens, you will benefit from the assistance of a Maryland personal injury attorney to compile evidence to prove fault and represent you in court. It will then be up to the court to determine who is at fault.

Some of the most common situations where drivers may be found at fault include the following.

Left-Cross Crash

A left-cross crash involves drivers making a left-hand turn at an intersection and typically occurs when the motor vehicle and bicycle approach in opposite directions. The at-fault driver of the vehicle may not look for or see the cyclist or misjudge how much time they have to make the turn in front of the bicycle.

Right-Hook Crash

A right-hook crash can result when a cyclist rides up on the right side of a motor vehicle, entering the blind spot and preventing the motorist from seeing them before proceeding with a right-hand turn. Even though the cyclist entered the blind spot of the vehicle, the driver is often liable for a crash when turning right. To avoid this, drivers need to practice caution in areas where cyclists ride, including slowing down, using turn signals, and double-checking blind spots before turning.

Cyclist Has the Right of Way

When a cyclist has the right of way, such as at a crosswalk or when a car has a stop sign, liability for a crash will usually fall on the driver. One scenario where this might not apply is when the cyclist is riding against traffic, an illegal act in Maryland.

Why Does Liability Matter After Getting Hit as a Cyclist?

Establishing liability following a bicyclist accident is crucial. Maryland is a pure contributory negligence state, so if you are even 1% at fault, you could be barred from receiving any compensation relating to the crash. Proving such fault and negligence will be key to insurance company claims and potential lawsuits.

To improve your chances of proving that you are 0% at fault for the accident, you will want to work with a Maryland personal injury lawyer. Your attorney can provide valuable legal advice, compile evidence, and build a strong case on your behalf.

Are Cyclists Ever at Fault for an Accident?

All cyclists must follow certain rules of the road when riding, and if they fail to do so, accidents can result. Cyclists could be found partially liable in the following situations.

Idaho Stop Accidents

Cyclists who slow but fail to stop fully at a stop sign or red light can share in the blame for a crash with a motor vehicle. This is called an Idaho Stop and is illegal in Maryland.

Running Stop Signs

Cyclists could be partially at fault if they run a stop sign and crash with a vehicle that clearly had the right of way. As long as no other factors contribute to the bicycle accident, such as the car speeding, the cyclist is more likely to be determined at fault for the accident.

Cyclist is Riding Against Traffic

Cyclists often ride against traffic, creating a safety hazard for both themselves and any vehicles approaching in the opposite direction. Riding against traffic is illegal; thus, in crashes, the cyclist will share the liability.

When an accident is not your fault, proving the other party was negligent can quickly become complicated. Avoid admitting any fault at the scene of the car accident and instead discuss the details of the crash with an attorney experienced in personal injury law.

Common Injuries After a Bike Accident

Unlike motor vehicles, bicycles provide riders with very little protection should an accident occur, often leading to serious injuries. Some of the most common injuries that riders can experience in a bike accident include:

• Lacerations
• Abrasions
• Contusions
• Dental injuries
• Muscle stains
• Dislocations
• Fractured bones, usually in the face, extremities, ribs, and spine
• Traumatic brain injuries, including concussions, contusions, hematomas, and more
• Internal bleeding and organ damage (e.g., spleen, kidneys, lungs, heart)

Some of the most common body areas a bike accident affects include the head, neck, clavicle, back, and extremities.

What Damages Can a Cyclist Recover After Being Hit?

Following an accident, a cyclist can potentially recover the following damages in Maryland.

• Medical expenses for hospitalizations, doctor’s appointments, diagnostic tests, surgeries, medications, rehabilitation, and any ongoing therapy (including current and future medical bills)
• Pain and suffering
• Household assistance expenses, such as housecleaning, childcare, cooking, and transportation while healing from a bodily injury
• Lost wages
• Property damage or loss
• Funeral or burial expenses if the accident resulted in the death of a loved one

If the accident resulted in a fatality, family members might be able to pursue a wrongful death lawsuit as well.

How Long Can a Cyclist Sue for Damages in Maryland?

Following any type of accident in Maryland, time is of the essence, and an injured cyclist will need to act swiftly or at least be aware of legal deadlines. Essentially, cyclists have three years following their accident-related personal injury to sue for damages per the Maryland statute of limitations. Failing to do so within this timeframe means they forfeit their legal rights to do so.

However, there are some circumstances where notice deadlines are earlier than the three-year statute of limitations. You may not be eligible for recovery if you do not give proper notice. Contact our office immediately to determine if this type of notice is required and for assistance in navigating these complex situations.

Ride Away with Fair Compensation

Whether you are at fault or not, a bike accident can wreak havoc on your life and finances. Determining who is liable, what damages to seek, and what your legal rights are needs to take precedence so you can get back to your everyday life as soon as possible. In other words, you need to know what legal options are available to you.

If you have been in a bicycle accident in Cecil County, contact the personal injury lawyers at Bowers Law to schedule a free legal consultation. Our law firm will work diligently to handle all aspects of your case, including talking with the insurance provider and helping you get compensation for your injuries if needed. Call or text us at 667-220-6500, or use our convenient online contact form today to schedule a free consultation.