When Cyclists Are Hit By Cars

When drivers are careless or they aren’t paying attention, they can get into fender benders with other cars. Usually everyone is all right.

But when they hit a bicycle, even at low speed, they can cause serious injuries.

I’m Andrew Elias, a partner at Lerners Law Firm in our personal injury and disability group.

I’M A CYCLIST TOO

I’m also a cyclist, and a dad to a couple of little cyclists, so the dangers that cars pose to people on bikes are often on my mind.

And I see it in my practice every day; I’ve represented many cyclists who have suffered serious injuries – broken bones, concussions, and more – when they were out riding.

So I’d like to share a few things that you may not know about what your rights are if you’re out riding, and are struck by a car.

Here’s the first thing you might not know – believe it or not, you have car insurance.

Even though you’re not driving a car, even though you may not own a car, even if you don’t have a license, you have car insurance coverage to pay for your treatment and even your lost income if you get injured by a car.

If that’s surprising, it shouldn’t be. Driving a car puts other road users at risk, so it’s reasonable that car insurance covers people who might be injured when cars and bikes (or pedestrians for that matter) collide.

These benefits matter to you – they can pay for your treatment and if you’re off work due to your injuries, they can replace some of your lost income. They’re called “accident benefits.”

WHICH INSURANCE COMPANY DO YOU CALL?

It can be a bit confusing which insurance company to call to apply. The basic rule is that if you do have car insurance of your own, call your own company.

If you live with a family member like a parent who has car insurance, that’s probably the right company.

If neither you nor your family members have insurance, then you call the insurer of the person who hit you. Here’s an even easier solution: just call one of these companies and let them figure it out.

Or call a lawyer who can talk you through it quickly.

Here’s another thing you might not know. This one’s about lawsuits.

Where the injuries are serious, it may make sense to start a lawsuit. But these lawsuits are a little different when a bike is involved.

When a driver of a car is injured in a crash with another car, the injured person has to prove that the other driver was at fault – that they were “negligent.”

THE BURDEN OF PROOF

But if you're a cyclist who's injured by a car, you don't have to prove that the driver was negligent. The burden of proof is reversed. Now it’s the driver who has to prove that they weren’t negligent.

That makes a big difference. Lawyers and courts call this the “reverse onus” – the onus or burden is reversed.

So there are two things you might not have known about being hit by a car on your bike: You have access to car insurance benefits to pay for your treatment and lost income, and if it does make sense to sue the driver who hurt you, you have an advantage when it comes to proving they were at fault.

Stay safe and I hope I see you out there.

Our video series is designed to shed new light on personal injury law and provide the insights you need to make an informed decision about what is best for you and your loved ones.

Be sure to watch the other videos in our Personal Injury Explained series.