As a cyclist, you enjoy most of the same rights and responsibilities as drivers if you ride on a public roadway. If you are injured in a collision with a negligent motorist, you also have the right to seek compensation with the help of a skilled bike crash attorney.
It is important to understand that there may be some differences between cases involving bike and car collisions. At Maschka Personal Injury, we can explain the most common Mankato bicycle accident case dynamics.
One factor that distinguishes Mankato bike and car collision claims is the potential severity of the injuries. Injuries in car accidents may be limited thanks to the extensive protections built into these vehicles. Bicycles, however, offer little to protect a rider from striking the ground or another vehicle. Common cycling injuries include:
Before you attempt to resolve an injury case on your own, consider letting us serve as your advocates.
Minnesota is a no-fault insurance state, which means motorists are generally required to seek compensation through their own auto insurance before filing a personal injury lawsuit. This applies to anyone, even a cyclist, who had an active auto policy at the time of the crash.
If the injured cyclist does not have their own auto insurance, they may still be covered under a household member’s policy. Personal injury protection benefits often cover medical bills, lost wages, and replacement services up to policy limits. However, no-fault insurance does not compensate for pain and suffering.
To pursue compensation for pain and suffering, you must meet the state’s injury threshold. This means proving that your condition was serious enough for you to claim outside of the no-fault insurance system. These insurance guidelines are important aspects of a Mankato bicycle crash case.
Comparative fault is a legal principle used to determine fault if more than one party shares responsibility for an accident. Under the state’s modified comparative negligence system outlined in Minnesota Statutes § 604.01, an injured party can recover damages as long as they are not more at fault for causing the incident. However, any compensation awarded is reduced by the percentage of fault assigned to them.
In bicycle versus motor vehicle collisions, comparative fault is often relevant. For example, if a cyclist was riding on the sidewalk where it was prohibited or failed to stop at a crosswalk, they may be assigned partial fault. Similarly, if a driver failed to yield or was speeding, their actions may carry a larger share of the blame.
Insurance companies may try to shift as much blame as possible onto the cyclist to reduce their liability. This makes gathering clear evidence in the aftermath of a crash critical. Our Mankato attorneys are experienced in dealing with the dynamics of comparative fault and can help you understand if you have a viable case for compensation, even if you were partially to blame for causing a cycling accident.
It can be helpful to understand Mankato bicycle accident case dynamics before you file a personal injury lawsuit. Our attorneys are based in Mankato, but we have pursued compensation in bicycle accident injury cases throughout the surrounding areas. If you are ready to explore your legal options, our team can help. Contact us today for a free, private consultation.
