Bicycle accidents in Delaware can cause severe and debilitating injuries. It is important for bicyclists to know they may be able to file a claim to seek compensation after an accident. What do you need to know about Delaware bicycle accidents and injury claims? The following are five important things to consider.
- More Than 1,000 Bicyclists are Killed in Accidents Every Year
Bicycle accidents happen more often than you think, so it is critical to pay attention to safety issues if you are cycling. According to the National Safety Council (NSC), more than 1,000 bicyclists suffer fatal injuries every year, and thousands more are injured.
- Multiple Parties May be Liable for a Delaware Bicycle Accident
Depending upon how and where a bicycle accident happened, you may be able to file a lawsuit
against one or more parties. Parties that are commonly liable for bicycle accident injuries include
but are not limited to:
● Negligent driver of a car or truck;
● Property owner of the premises where the accident occurred; and
● Maker or retailer of a defective vehicle or bicycle part.
- Injured Bicyclists May Be Eligible to Seek Multiple Types of Damages
You could be eligible to seek multiple types of damages by filing a bicycle accident claim. Typically, injured bicyclists can seek both economic and non-economic damages for losses, which can include compensation for medical bills, lost wages, pain and suffering, and the loss of enjoyment of life. Both of these kinds of damages are forms of compensatory damages.
- Comparative Negligence Could Impact Your Recovery
Delaware’s comparative negligence law says that plaintiffs who file personal injury claims will be barred from recovery if they are more than 50% or more at fault. In cases where a bicyclist is 50% or less at fault for an accident, the bicyclist can still recover damages, but their damages will be “diminished in proportion to the amount of negligence attributed” to them. How are bicyclists negligent in collisions with automobiles? For example, a bicyclist might fail to signal properly or might fail to follow traffic rules.
- You Will Need to File Your Bicycle Accident Lawsuit before the Statute of Limitations Runs Out
Under Delaware law, most bicycle accident lawsuits will need to be filed within two years from the date of the accident. In some devastating bicycle collisions, the bicyclist is killed in the crash. Under these circumstances, the surviving family members will need to ensure that a wrongful death lawsuit is filed within two years from the date of the bicyclist’s death. In some cases, this date is the same date as the bicycle accident. At other times, however, the bicyclist might be on life support for several days, weeks, or months prior to succumbing to their injuries. Under those circumstances, the two-year clock will begin ticking on the date of death.
Contact a Delaware Bicycle Accident Attorney Today
Bicycle accidents can result in life-altering injuries, especially when they involve collisions with automobiles. If you or somebody you love got hurt in a bicycle accident in Delaware, it is important to speak with a Delaware bicycle accident lawyer to find out more about filing a claim for financial compensation. Contact Freibott Law online today or call our office in Wilmington at (302) 633-9000.