Kentuckian’s are increasingly bicycling to commute, for exercise, or just for fun. As you might expect, when a crash occurs between a motorized vehicle and a bike, it’s the cyclist who is most likely to be injured. The attorneys at Louisville, Kentucky’s Lawville, regularly handle claims for our clients who are struck by cars while they are travelling on bicycles. Under Kentucky’s laws, a bicycle rider is entitled to recover for medical expenses, lost wages, pain and suffering, and other damages incurred when a negligent driver strikes a bicyclist.
Who’s at Fault?
The person operating a car or riding a bicycle are both required to follow all of the local traffic laws while they are on the road. The rider or driver, could be considered negligent if they fail to follow the rules and act reasonably. This means the driver or bicyclist, are obligated to prevent avoidable harm to those around them.
Bicycle riders are entitled to the same benefits afforded to passengers in a car, even though they do not have insurance that specifically covers the bicycle. Under Kentucky’s No Fault laws, a bicycle rider is actually treated as a pedestrian for the purposes of recovering No Fault benefits, which include medical expenses, prescriptions and wage loss, in addition to some other specified out of pocket expenses, up to $10,000. This coverage comes from the insurance for the vehicle that strikes the bicyclist-whether or not the bicyclist is at fault for the accident.
In a situation where the cyclist is not to blame for the accident, or only partially to blame, the bicyclist has the opportunity to recover for pain and suffering and expenses over and above the $10,000 in No Fault benefits.
Contact Us Today
Of all of the types of vehicle collisions, those involving pedestrians and bicyclists are likely the most devastating. The combination of lack of protective gear for a pedestrian and the magnitude of most vehicles can lead to death or catastrophic injuries. If you have been injured in a car vs bicycle accident, the Kentucky bicycle accident attorneys are here to help. You should contact us today for a free initial consultation and learn your rights.