Bicycles can provide exercise, recreation, and transportation. However, they can also become dangerous when a cyclist fails to take safety precautions or a motorist who shares the road with them is careless. If you were injured in a bicycle accident in Alaska, it’s crucial to understand who may be held liable and what compensation you may be entitled to receive. While every case is unique, an experienced bicycle accident attorney can best advise you regarding your legal rights and options based on the facts of your case.

Key Takeaways

• Bicycle accident liability can be complex and may involve multiple parties.
• Under Alaska’s pure comparative negligence law, an injured cyclist may be entitled to recover compensation even if they were partly at fault for the accident.
• A cyclist injured by someone else’s negligence may be entitled to recover both their economic and non-economic damages in a personal injury lawsuit.

Who’s Liable for a Bicycle Accident?

There can be many causes of bicycle accidents and liability can be complex. In order to be held liable for your injuries, you must be able to show that the other party was negligent. This means being able to demonstrate that the defendant owed you a duty of care, which they breached, and such breach was the direct cause of your damages.

Depending on the facts of the case, liability for a bicycle accident may fall upon:

• A motorist on the road: In many cases, bicycle accident liability is incurred by a negligent motorist. For example, if they failed to yield, were distracted by their phone, opened their car door into the path of an oncoming cyclist, or made an improper lane change, you may be able to show that they should be held responsible for your injuries.
• A municipality: If the bicycle accident arose due to poor road maintenance, inadequate signage, or defective roadway design, the municipality responsible for the road may be held accountable if it had notice of the hazardous condition.
• A pedestrian: Sometimes, a pedestrian may be held liable for a bicycle accident. For instance, if they stepped into your path as you were cycling and you had to swerve to avoid them, they may be to blame for your injuries.
• Other cyclists: If another cyclist collided with you due to their failure to signal, reckless behavior, distraction, or other negligent actions, they may be responsible for your accident-related injuries.
• A parts manufacturer: In the event a bicycle component, such as a brake or the frame, was defective, the manufacturer of the part may incur liability.
• A motorist’s employer: If a motorist collided with you while they were in the course of their employment, the employer may be held vicariously liable.
• A property owner: A property owner may be held liable if the accident occurred due to a hazard on their premises.

In some cases, multiple parties may be named in a personal injury action. Although this can complicate the claims process, it can ensure each negligent party is held to answer for their wrongdoing. In addition, suing multiple parties can provide additional avenues of recovery to help you obtain the maximum compensation to which you are entitled under the law.

How Comparative Negligence May Impact Liability

In many cases, the at-fault party will try to argue that a cyclist should be held liable for their own injuries. For instance, they may assert that you rode against traffic or disregarded the traffic signals. Importantly, Alaska follows the doctrine of pure comparative negligence. This means that you may recover compensation for your injuries, even if you were partly to blame for the accident.

Specifically, under this rule, you can recover damages, minus your percentage of fault, as long as you were not 100% to blame for the crash. In other words, if a jury found that you were 20% at fault and a motorist was 80% negligent, any compensation awarded would be reduced by 20%.

Common Injuries Sustained in Bicycle Accidents

Since bicyclists do not have the same protections as the occupants of vehicles, the injuries they may sustain in a collision can be severe, or even fatal. Some common injuries sustained in a bicycle accident can include the following:

• Soft tissue injuries
• Road rash
• Crush injuries
• Broken bones
• Paralysis
• Traumatic brain injury
• Organ damage
• Spinal cord injuries
• Long-term disability
• Disfigurement

The impact of a bicycle accident injury may not be readily apparent. Some types of injuries, including many internal injuries, may take days or weeks to become noticeable. It’s crucial to seek medical attention immediately after a bicycle accident to ensure you obtain the medical care you need and document your case. Significantly, your medical records will be the foundation of any personal injury lawsuit you may file. The insurance companies scrutinize any failure to treat or gap in treatment in an attempt to devalue or deny your claim.

What Compensation Can You Get for a Bicycle Accident?

If you were injured in a bicycle accident, you may be eligible to recover compensation for both your economic and non-economic damages. While an award of economic damages is meant to compensate for the monetary losses you suffered in connection with the accident, non-economic damages are meant to address the impact your injuries had on your daily life and livelihood.

Monetary recovery that may be awarded in a bicycle accident can include:

• Unreimbursed medical expenses
• Future medical costs
• Lost earnings
• Future lost wages
• Rehabilitation costs
• Out-of-pocket expenses
• Pain and suffering damages
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• The costs of replacement services

Critically, a personal injury lawsuit for a bicycle accident must be filed within two years from the date of the accident. Failure to file in time may result in your claim being barred, regardless of the severity of your injuries.

Contact an Experienced Alaska Personal Injury Attorney

A bicycle accident can have serious, long-lasting effects on your life, physically, emotionally, and financially. If you’ve suffered injuries in a bicycle collision, it’s essential to have an experienced personal injury attorney by your side who can fight for your right to fair compensation. Proudly serving accident victims in Anchorage, Soldotna, Kenai, Palmer, Fairbanks, Juneau, Wasilla, and other areas of Alaska, The Trial Guy, Eric Derleth, provides skilled representation for clients facing a wide range of personal injury matters, including those involving car accidents. Call 907-262-9164 to schedule a free consultation at our Anchorage or Soldotna office, or contact us online. Our phone lines are open 24 hours a day, seven days a week.