Injured in a Bicycle Accident With a Vehicle?

Our Wichita bicycle accident lawyers can help you get maximum compensation

Many Kansans and Wichitans bicycle for exercise, for transportation, or just to enjoy the weather. A negligent driver can cause a car accident that can leave a bicyclist seriously injured.  Bicyclists have little protection when a vehicle strikes them and they can be thrown onto vehicles, onto roadways, or they can even get run over. Injured bicyclists have a legal right to get financial compensation for their injuries from the negligent driver and their insurer. The bicycle accident injury lawyers at PISTOTNIK LAW have been helping injury victims in Wichita since 1987.

Bicyclists who are struck by negligent drivers of vehicles can sustain a variety of serious injuries, including broken bones, brain injuries, spinal cord injuries, road rash and disfigurement, and even death.

Injuries can change your life in an instant when a vehicle wrecks with a bicycle. People can suffer very serious injuries and need to be taken for emergent medical care to the hospital. You need to know what steps to take to protect yourself and to maximize your case. Our injury attorneys fight for injured bicyclists.

What Causes Bicycle Accidents?

In Kansas, cyclists must observe many of the same rules of the road as other vehicles. There are certain rules that apply just to cyclists.  Even the most careful cyclist can get seriously injured when a negligent motorist gets distracted or fails to exercise reasonable care while approaching a cyclist. Motorists often fail to give the cyclist full use of their lane of travel. In other cases, a cyclist may crash into an opening door if a driver is not looking while trying to exit the vehicle.

Common causes of bicycle wrecks include:

• Distracted driving
• Failing to keep a proper lookout for bicyclists, on roadways and on sidewalks
• Speeding and aggressive driving
• Drunk or drugged driving
• Failure to yield
• Failure to stop at stop sign or traffic light

What Special Laws Apply to Bicyclists?

“A person riding a bicycle has the same obligations and is entitled to the same protection under the law as other persons in vehicles upon the highway.” Pattern Instruction of Kansas 121.61.  This simply means that the normal rules of the road apply to bicyclists.

There are  some specific laws that are directed to the operation of bicycles. 

“The laws of Kansas provide that every person operating a bicycle or moped upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as near to the right side of the roadway as practicable except under any of the following situations when:

1. Overtaking and passing another bicycle or vehicle proceeding in the same direction;
2. Preparing for a left turn at an intersection or into a private road or driveway;
3. Reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving bicycles, bicycles, pedestrians, animals, surface hazards or narrow width lanes that make it unsafe to continue along the right-hand edge of the roadway.”  Pattern Instruction of Kansas 121.75  Additional parts of this law state that a bicyclist may ride near to the left side on one way streets.  Bicyclists shall not ride more than two abreast.  Bicyclists shall use bike paths or lanes when usable.

There is a specific law for motorists when opening a car door to moving traffic:  “The laws of Kansas provide that no person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.  Pattern Instruction of Kansas 121.77.

The Kansas Driving Handbook for training Kansas drivers also lists best practices for drivers when near bicyclists:

1.  You must yield to bicyclists in intersections as you would for pedestrians and other vehicles.
2. You must yield the right-of-way to a bicyclist when a bicycle path or bike lane intersects a road.  Do not stop, park or drive on a designated bicycle path or lane unless you are entering or leaving an alley or driveway, performing official duties, directed by a police officer, or an emergency situation exists.
3. When approaching or passing a bicyclist slow down and allow as much space as possible and consider a bicyclist’s speed when you pass.  If you are about to make a right turn, you must not pass a bicyclist immediately before the turn.  To avoid a collision, you should slow down and let the cyclist clear the intersection before making a turn.
4. Be careful after you have passed a bicyclist. Do not slow down or stop quickly.  A motor vehicle’s brakes are more powerful than a bicycle’s, and you could cause a crash.
5. Do not sound your horn close to bicyclists unless there is a chance of a collision.  Sounding your horn to alert your presence may startle them and cause them to steer into your path and crash.
6. When making turns, watch carefully for bicyclists entering your lane.  Be especially careful if you see children riding bikes on the sidewalk.  They may come onto the road.
7. Never turn sharply in front of a bicyclist, and do not force a bicyclist off the road.
8. Although bicyclists are required to ride in the direction of traffic, you should look for them riding anywhere on the roadway.
9. Be particularly careful around bicyclists when the roadway is wet or covered with sand or gravel.  Like motor vehicles, bicycles cannot brake as quickly or turn as sharply under these conditions.  These conditions affect bicycles much more than vehicles.
10. Cooperate with bicyclists. They are required to use hand signals, as shown, when turning and stopping.  However, keep in mind that a bicyclist may be unable to signal if road or traffic conditions require them to keep both hands on the handlebars.  Look for other clues of a bicyclist’s intent, like turning their head or looking over their shoulder before changing lane position.
11. When parked on the street or parallel parking a vehicle, check to the sides and rear for bicyclists before you open your vehicle door, and always use caution in exiting the vehicle by looking around for other oncoming vehicles.
12. You should check for bicyclists in your path before backing. Be especially cautious near schools or residential areas where bicyclists may be present.

What Are Common Injuries From a Bicycle Accident?

Bicyclists can be seriously injured when hit by a car. Bicyclist’s bodies take the brunt of the impact and they can suffer severe and sometimes permanent injuries. After a wreck, a bicyclist can require hospitalization, surgery, physical therapy, and medication. The medical expenses can get high very quickly.

The most common bicycle accident injuries include:

• Head injuries from bruising, bumps, lacerations, or minor concussions to severe traumatic brain injuries.
• Road rash caused by the pavement.
• Broken bones in the arms, legs, or chest.
• Facial injuries, including dental injuries.
• Strains, sprains, and dislocations.
• Internal bleeding or organ damage.
• Back and neck injuries.
• Lacerations and contusions.

How Do You Value a Settlement From a Bicycle Wreck?

Determining a settlement for a bicycle wreck can be difficult. There is no mathematical equation or formula (especially for determining damages like pain and suffering) and determining the value of your claim requires the help of an experienced injury attorney. However, the severity of your injuries, the amount of your medical bills and wage loss, and the circumstances surrounding your bicycle accident will partially determine your settlement.  If you need future medical treatment or if you have ongoing wage loss, that also comes into play.

The injury attorneys at PISTOTNIK LAW will calculate the total damages you have suffered and we will demand fair compensation. This calculation also will factor in damages such as pain and suffering, mental anguish, disability, disfigurement, loss of time, inconvenience, loss of enjoyment of life, and loss of consortium for your spouse.

Should I Hire an Attorney for My Bicycle Wreck Injuries?

You need to know your rights. Some insurance companies talk to you soon after the wreck and make quick low settlement offers.  Be careful, if you accept a low amount with the insurance adjuster, the laws in Kansas provide that a verbal agreement to settle is binding. Our injury attorneys at PISTOTNIK LAW offer to review the details of your accident and go over your legal options for free. We will answer all of your questions and make sure you are fully informed of your legal options.  There are statistics from insurance companies that they have to pay as much as three times more on average for a claim when an injury attorney is involved.

We have handled many bicycle wrecks that have injured bicyclists and we know what needs to be done to prove both aspects of your case—fault of the driver and maximizing the value of your damages.

Recovering compensation can be difficult.  Insurance companies spend a lot of money training their adjusters on how to try to pay as little as possible and on things to look for in each case to try and minimize your claims.

Our injury attorneys know the tactics that insurance companies use. We fight back. Our injury attorneys know how to handle your bicycle accident to prove fault on the driver and to prove your damages. We work hard gathering the evidence needed to convince the insurance adjuster of the real value of your case.

We build strong cases that insurance adjusters must acknowledge.We are not interested in making quick deals and instead will fight for you to get maximum compensation.

When Should I Hire an Attorney?

You should get legal advice as soon as possible following your wreck.  We offer a free consultation and it is no obligation.  We give free advice.  We help you get quality medical care.   We handle all of the annoying calls, texts and emails with the multiple insurance adjusters who are working to minimize the value of your case.

When you hire us , there are no upfront fees or other charges you need to pay. We work on a contingency fee basis. We pay all the costs that are involved in proving your case. You owe us nothing unless we get you a settlement that you approve. If you don’t win, we don’t get paid.

If you were injured in a bicycle accident in Wichita or Kansas, you need an experienced injury attorney with experience that gets results. Contact the bike wreck injury attorneys at PISTOTNIK LAW to schedule a free consultation. If you can’t make it to our office, we can meet at your home, hospital room or other location that is more convenient for you.  If you want to do it by phone, we can do that to.  We work to make it easy for you.