- When Should a Bicyclist Sue a Negligent Driver?
- What Damages Can an Injured Bicyclist Pursue?
- Can I Still Sue if I Was Partially at Fault for the Bicycle Accident?
- How Long Do You Have to File a Lawsuit Against the Driver That Hit You in Minnesota?
- What Rules Must Minnesota Motorists Follow To Keep Bicyclists Safe
- Contact Milavetz Injury Law Today To Discuss Your Legal Options
If you are a bicyclist who has been hit by a car, you may be eligible to sue a driver if their negligence caused the accident and recover compensation for injuries and damages.
Milavetz Injury Law, P.A., is here to advocate for your rights. Since 1963, our trusted personal injury attorneys have helped injured victims get the justice they deserve after bicycle accidents. We have recovered over $500 million in verdicts and settlements and are ready to stand up for you during this trying time.
When Should a Bicyclist Sue a Negligent Driver?
According to the National Safety Council, the number of preventable deaths from bicycle accidents increased by 47 percent in the last ten years—from 925 in 2013 to 1,360 in 2022. Of the 1,360 fatalities recorded in 2022, approximately 928 deaths were motor vehicle-related.
When a car hits you while you’re riding a bike, it’s normal to wonder whether you can sue the negligent driver who caused your accident. You might be eligible to file suit if the driver was negligent and caused the accident.
Here are some of the scenarios when you can file a personal injury lawsuit against a negligent driver:
- When the driver drifts into a bicycle lane
- When the motorist is distracted, such as when texting while driving
- When the driver doesn’t check oncoming traffic when opening their door
- When the driver ignores traffic signals, such as running a red light
- When the driver engages in reckless driving behaviors, including speeding, tailgating, or road rage
- When the driver operates their vehicle under the influence of alcohol or drugs
- When the driver flees the scene after the accident
- When the driver fails to check their rearview mirror when making turns
What Damages Can an Injured Bicyclist Pursue?
Every bicycle accident case in Minnesota is different. The damages you sustain might vary. However, you generally can recover economic damages covering the financial losses from your accident and non-economic damages covering the harder-to-quantify impacts on your life. The damages recoverable include the following:
- Medical expenses, including hospital stays, surgeries, and medications
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of consortium
- Property damage
If your loved one has died in a bicycle crash in Minnesota, you may file a wrongful death claim to recover benefits. These cover medical bills, funeral costs, and the decedent’s future economic contributions, among other factors.
A bicycle accident lawyer can analyze your case and evaluate the types of damages that may be available in your personal injury claim.
Can I Still Sue if I Was Partially at Fault for the Bicycle Accident?
If you are a cyclist hit by a car in Minnesota, it’s important to note that Minnesota follows a comparative negligence rule when assigning fault for accidents. Also known as the 51 percent bar rule, this statute bars plaintiffs from recovering damages if their share of the fault exceeds that of the defendants. Thus, you cannot recover any damages if you are found to be 51 percent or more at fault for the accident.
Examples of How Partial Fault Can Reduce the Compensation You Recover
Suppose a cyclist is crossing an intersection with a four-way stop sign at night with no headlights or rear reflectors, only to be hit by a speeding driver. In this case, both parties likely share the blame for the accident. A jury may find the cyclist partially at fault for the accident since they didn’t take proper precautions that make them easy to spot at night. The jury may also conclude the driver was to blame for the crash since they were speeding.
In this case, the jury may apportion 60 percent of the fault to the driver and 40 percent to the cyclist. When awarding damages, the amount the cyclist may recover will drop to 60 percent. If the cyclist’s damages are $100,000, the cyclist could only recover $60,000.
In another example, a cyclist may also share responsibility for an accident if they fail to yield at an intersection and a distracted driver hits them. If they are found to be 30 percent liable for the crash, and a court determines they suffered $100,000 in damages, they would only receive $70,000.
How Long Do You Have to File a Lawsuit Against the Driver That Hit You in Minnesota?
Every state has a statute of limitations for personal injury claims against negligent parties.
In Minnesota, if a car hits you on your bike, the statute of limitations is six years from the accident date. If a state, county, or government agency is responsible for your accident, you have 180 days to notify the government agency of your injury.
If a loved one has died from a bike accident, you have three years from the date of death to file a wrongful death lawsuit, but you cannot file more than six years after the accident.
Filing your claim before these deadlines is essential. Failing to do so means you risk losing your chance to recover compensation for damages. Minnesota courts may bar you from filing a lawsuit against the defendant once the statute of limitations expires.
What Rules Must Minnesota Motorists Follow To Keep Bicyclists Safe
Motorists must follow traffic rules to prevent avoidable accidents with other road users, including bicyclists. Following traffic rules while on the road can lead to significantly fewer accidents, injuries, and fatalities.
Some of the regulations that Minnesota motorists should follow include the following:
- Looking before turning: Failing to look for other road users before turning is illegal.
- Giving cyclists space when passing: Motorists must pass bikes at a safe distance, never less than three feet from the cyclist.
- Opening doors safely: Motorists in Minnesota must not interfere with the movement of cyclists when exiting their vehicles.
- Crossing bike lanes: Motorists may not enter or cross bicycle lanes unless turning or maneuvering to park.
- Yielding the right of way: Motorists may only cross bike lanes when it’s safe to do so. They must also yield the right of way to cyclists in bike lanes.
- Parking in bike lanes: It’s illegal for motorists to park or stop in bike lanes.
- Passing vehicles on the right: Motorists may not cross a bicycle lane to pass another car on the right.
- Obey all traffic signs and signals: Motorists, bicyclists, and pedestrians must obey all traffic signals and signs.
Safety Tips To Reduce Bicycle-Vehicle Collisions in Minnesota
Motorists and bicyclists in Minnesota are equally responsible for bicycle safety. One of the leading factors for bicycle collisions with vehicles is failing to yield the right of way. This rule applies to both motorists and cyclists.
Some of the safety tips that motorists and cyclists can adopt to reduce accidents include the following:
- Bicyclists should ride in the same direction as traffic.
- Bicyclists must use headlights and have rear reflectors on their bikes at night.
- Bicyclists should ride predictably and avoid sudden maneuvers.
- Bicyclists should always signal when turning.
- Motorists and bicyclists should be mindful of other road users and yield the right of way.
- Drivers should maintain a three-foot clearance when passing cyclists.
- Drivers must be alert and watch out for cyclists.
- Motorists should drive at reasonably safe speeds and check their blind spots.
Contact Milavetz Injury Law Today To Discuss Your Legal Options
Being hit by a car while riding your bike can be a traumatic experience that may leave you with severe injuries and financial losses. During this time, you deserve to have a legal team experienced in handling bicycle accident cases fighting on your behalf.
Our Minnesota personal injury law firm is here to help you throughout the claims process. We are ready to discuss your legal options and answer any questions you have about your bicycle accident case.
Call us today at 763-560-0000 or fill out our contact form to schedule a meeting with our attorneys.
