Bicycle accidents are nowadays one of the most common accidents across the world. The number of people who are now using bicycles to commute has increased dramatically in recent years, and with that increase has come to an increase in the number of bicycle accidents.
Have You Been Injured in an Accident in Rhode Island?
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A large percentage of bicycle accidents are caused by negligent motorists who fail to yield the right of way to cyclists, or who are distracted and fail to see them. If you have been involved in a bicycle accident, it is important to contact a Warwick bike accident attorney as soon as possible to discuss your case.
Don’t wait for the insurance company to give you a lowball offer or try to deny your claim altogether. Contact Marin and Barrett today for a free consultation. We will review the facts of your case and advise you on the best course of action to take!
Address: 6 Wanton Shippee Rd Suite 101, East Greenwich, RI 02818, United States
Phone: 1 (401) 298-9116
Bicycle Accident Lawyer in Warwick, Rhode Island
Marin and Barrett are some of the best bicycle accident attorneys in Warwick, Rhode Island. They provide representation to clients throughout the state of Rhode Island, including Cranston and Warwick.
A catastrophic accident causing serious injuries can be devastating. Even worse, accident victims may not realize they have a valid personal injury lawsuit until after the statute of limitations has expired.
You need an experienced personal injury law firm to help you navigate this difficult time. Our personal injury lawyers have extensive experience handling all types of cases involving personal injury claims.
From motor vehicle accidents to slip-and-fall incidents, we have handled thousands of cases over the past 30 years. We understand how traumatic these situations can be, which is why we work hard to make sure our accident injury victims receive the compensation they deserve.
Types of bicycle accident injuries
If you were injured in a bicycle accident, there are several different types of catastrophic injuries you could suffer:
- Brain Injury
- Spinal Cord Injury
- Loss of Limb
- additional damages include medical bills, lost wages, pain, suffering, etc.
Vehicle Accident Fatalities
Thousands of bike accidents occur every year in Rhode Island. Worst bike accidents result in fatalities. In fact, according to the National Highway Traffic Safety Administration (NHTSA), more than 1,000 bicyclists die each year from traffic crashes.
It is uncommon for motorists to blame pedestrians or cyclists for accidents. However, if you are hit by a car while riding a bicycle, the driver may attempt to shift responsibility onto you. This is because drivers do not want to admit that their negligence was responsible for the crash.
While the risk of accidents increases when motorists drive too fast, it also increases when motorists drive too slow. When a cyclist is struck by a car, the driver must stop immediately. Failure to do so results in violating Rhode Island’s Motor Vehicle Laws.
In addition, Rhode Island law requires drivers to yield the right of Way to bicyclists at night and during adverse weather conditions. Drivers should always wear helmets when bicycling.
How to Ride a Bicycle Safely to Avoid Getting Hit by a Car
In order to avoid being hit by a car, bicyclists should ride with the following precautions:
- Wear reflective clothing
- Ride in well-lit areas
- Use hand signals
- Be visible
- Avoid distractions such as cell phones
- Stay off roads where cars travel faster than 15 mph
- Use bike paths and lanes when available
- Ride defensively
- Be aware of your surroundings
- Watch for obstacles in the road
What is the safe distance between vehicles and bicycles?
The safest way to share the roadway with other vehicles is to maintain a safe distance between yourself and them. The general rule of thumb is one-half the width of a car plus twice the length of a car.
If you are involved in a bicycle accident with a car, you must consider how far away the car was when the crash occurred. This information is critical because it determines the amount of time you had to avoid being hit by the car.
Keep in mind, though, that bicyclists cannot sue for negligence unless they are riding within the right-of-way. This means that bicyclists must prove that they had the right to be on the road at the time of the collision.
Vehicle damage claims
When a motorist hits a pedestrian or a cyclist, he or she will likely cause property damage to the other party’s vehicle. If you were injured in a collision with another vehicle, you might be entitled to recover money for the cost of repairs.
We handle all types of auto accident claims. From minor fender benders to major collisions, we take on all insurance companies. Contact us today!
What should I do after my bicycle accident?
After suffering a bicycle accident, you may feel confused about what to do next. You may wonder whether you have a legal claim against the person who caused your accident. If so, it’s important to consult with a bike accident lawyer immediately.
The first step is to contact a qualified bicycle accident lawyer who has a strong understanding of bike accident laws.
Typical bike accident lawsuit cases include:
- Bicyclists suing for personal injury or wrongful death
- Cyclists suing for property damage
- Pedestrians suing for personal injury or property damage
- Pedicab operators suing for personal injury or loss of earnings
- Pedalcyclists suing for personal injury
- Bike messengers suing for personal injury or wage loss
- Pedalcycle operators suing for personal injury
What You Can Expect If You’re Injured in a Rhode Island Bike Accident
Rhode Island does not place caps on damages you can receive in a bike accident lawsuit. Therefore, even if you only suffered minor injuries, you are still entitled to maximum compensation.
You can still claim damages even if you don’t know the identity of the negligent party.
Here are the following compensation benefits you could receive:
- Medical expenses
- Financial damages due to loss of wages
- Compensation for pain and suffering
- Property damage
Laws for bicyclists in Rhode Island
In Rhode Island, bicyclists enjoy many of the same rights and responsibilities as motorists. However, some differences must be considered before filing a bike accident lawsuit.
Rights of bicyclists include:
- Right to use public streets and highways
- Right to ride on sidewalks
- Right to operate a pedicab
- Right to carry passengers
- Right to wear helmets
- Right to drive within certain speed limits
- Right to yield to pedestrians
- Right to turn right at red lights
- Right to use crosswalks
- Right to use designated bike lanes
Duty of care owed by drivers to bicyclists
When determining liability for a bicycle accident, courts look at three factors:
- The duty of care owed by each driver to the other
- Whether the driver breached this duty of care
- Whether the breach of duty caused the accident
However, if the bicyclist swerved out of his lane into traffic, then he would have been guilty of contributory negligence. Contributory negligence occurs when an injured party fails to exercise reasonable care for their safety, and negligent drivers owe a duty of care to all people using the roadway. For example, a motorist owes a duty of care to bicyclists, pedestrians, and motorists alike.
How much time do I have to file a bicycle accident lawsuit?
In Rhode Island, you have two years from the accident date to file a bicycle accident claim. Additional compensation might be available if you were injured during your first year after the accident.
The statute of limitations for a bicycle accident is two years. However, if you suffer a serious injury, you may have additional time to file suit.
Contact us today!
You don’t have to face the legal system alone. Our experienced attorneys will work hard to get you the money you deserve. For more information regarding bicycle accidents, visit our website at www.marinbarrettlaw.com.
About Warwick, RI
Warwick is filled with shops, galleries, restaurants, and bars, making it the perfect place to explore and find something new. The Warwick Museum of Art is a great place to start, with its showcases of regional artists and performers. For something truly unique, journey back in time at the Clouds Hill Victorian House Museum to explore a home as it was in its historical heyday.
Bicycle paths meander throughout the city, often taking riders by Warwick’s many parks and ponds. There are the highways with the best views – make sure to take your camera! And no matter what time of year you visit, there’s always something going on.
Here’s a list of some of the most popular parks in the Warwick, Rhode Island area.
- Goddard Memorial State Park – 1095 Ives Rd, Warwick, RI 02818
- Lincoln Woods State Park – 2 Manchester Print Works Rd, Lincoln, RI 02865
- Warwick City Park – 65 Warwick Neck Ave, Warwick, RI 02886
- Apponaug Cove Park – 135 Beach St, Warwick, RI 02886
- Buttonwoods City Park – 30 Beach St, Warwick, RI 02886
- Conimicut Point Park – Buttonwoods Ave, Warwick, RI 02886
- Pawtuxet Village – Rhodes on the Pawtuxet – 60 Ship St, Cranston, RI 02905