With plenty of recreational trails and cyclist-friendly laws, Delaware is an excellent state for cyclists. However, cyclists in Delaware are still at high risk for injuries. When in a collision with a motor vehicle, the cyclist ends up on the losing side. After all, a bike has none of the safety equipment or other protections that motor vehicles have. Instead, cyclists are completely vulnerable in an accident. Wearing elective protective equipment like helmets, knee pads, elbow pads, and gloves can reduce the risk of minor injuries but does little to reduce the risk of most traumatic harm.
If you are a cyclist who has been injured in an accident, you may wonder about your rights and responsibilities. A Milford bicycle accident lawyer can help. Our team can investigate the circumstances of your accident and discuss fault. If someone else’s negligent or reckless behavior led to your injuries, you may be able to recover compensation from them, even if you contributed to the accident. Reach out to Doroshow, Pasquale, Krawitz, and Bhaya today to learn more from a trusted personal injury attorney.
Delaware’s Bicycle Laws
Generally, cyclists must follow the same traffic rules as other motorists. Additionally, Delaware Code Ann. tit. 21 § 4192 et seq. outlines additional rules and rights for bike riders that other motor vehicle operators do not have. For example, they can ride on sidewalks as long as they yield to pedestrians. These laws also incorporate provisions from the 2017 Bicycle Friendly Delaware Act (Act).
The Act is one of the country’s most forward-thinking laws for cyclist safety. It recognizes the unique challenges and opportunities cyclists face. The law has four main components. Motorists cannot honk at cyclists when passing unless there is an immediate danger. Lane sharing is permitted, but motorists must change lanes if the lane is too narrow for sharing. Many intersections now have bicycle traffic signals.
One of the Act’s most significant changes was to introduce the Idaho stop to the state. Now, people refer to it as the Delaware yield. This provision of the law allows cyclists to slow at a stop sign but proceed if there is no other traffic. In other words, they get to treat a stop sign like a yield sign. The theory behind this change is that requiring cyclists to come to a complete stop at those intersections where the coast is clear actually increases the likelihood of an accident.
A Milford attorney can help explain the relevant bicycle and traffic laws and how they may impact a claim for compensation during a private initial meeting.
Driver Fault and Bike Wrecks
The majority of bike accidents are due to motor vehicle driver error. Cell phones, drunk driving, distracted driving, noisy kids, eating a snack, putting on makeup, daydreaming — the list of reasons drivers do not notice cyclists is seemingly endless. Many drivers lack the skill and patience to safely share the road with cyclists. The result is a collision that may cause very little damage to a car and its occupants while putting the bike rider at serious risk of grave injuries.
A Milford attorney will examine the facts when building a case for a Plaintiff’s bicycle accident injuries. They will gather information from witnesses, look at photos from the scene, examine medical records, and search for available photos. Armed with that information, they may be able to reconstruct why an accident occurred.
Contributory Negligence
Delaware Code Ann. tit. 10 § 8132 describes contributory negligence in the state. As long as an individual is less responsible than a defendant or all combined wrongdoers in an accident, they can still recover for their injuries. The Court will reduce the recovery in proportion to the fault.
Consult a Bike Wreck Attorney in Milford
The aftermath of a bicycle accident can be confusing and overwhelming. Since cyclists have no protection, even minor wrecks can result in contusions, lacerations, and bruises. Broken bones, crush injuries, organ damage, amputations, traumatic brain injuries, spinal cord injuries, and other severe harm is not unusual. Recovery can be painful, traumatic, and expensive.
Getting an attorney’s help can make the recovery process more manageable. An attorney can fight to get you and your family the money you need to pay for medical bills, lost wages, and an overall decline in quality of life. Schedule a consultation with a Milford bicycle accident lawyer from Doroshow, Pasquale, Krawitz, & Bhaya to learn more.