Bicycling has long been popular as a recreational activity, a form of exercise, and a way to commute to work. Cities and towns across Connecticut have increasingly been working to encourage bicycling as well, taking steps such as establishing bike lanes.
Unfortunately, bicycle accidents are still a common occurrence. Cyclists often have to contend with negligent drivers whose actions can cause serious injuries. According to the Centers for Disease Control and Prevention, nearly 1,000 cyclists are killed and 130,000 injured on roads in the United States each year.
Many people also have negative perceptions of cyclists, and this bias can limit your chances of success in a personal injury suit. However, developing a strong claim can establish a defendant’s negligence and get you the compensation you deserve.
Bicycle accidents and liability
Cyclists have less protection than motor vehicle drivers in an accident, and may suffer serious injuries such as broken bones and traumatic brain injuries when they are involved in a collision. There are many circumstances where a driver can be held liable for a cyclist’s injuries due to negligent actions, including:
- Turning into the path of a cyclist who has the right of way
- Failing to yield to a cyclist at an intersection or crosswalk
- Opening a vehicle door into the path of a cyclist
- Making a lane change without checking their blind spot
- Failing to use a turn signal
- Speeding
- Distracted driving
- Driving under the influence of alcohol and/or drugs
- Driving aggressively
In some accidents, a party other than a driver may also be held responsible. Poorly maintained roads or cycling infrastructure can cause a cyclist to lose control or crash, as can faulty bicycle products or repairs.
Common biases against cyclists
There is a phenomenon known as “windshield bias” where people tend to consider the accident from the driver’s perspective. In bicycle accidents, this means that several important parties — from the police who investigate the accident to the jury considering a personal injury claim — are more likely to make assumptions about what the driver could have reasonably seen, excuse the driver’s actions, and attribute blame to the cyclist.
Studies have also shown that many people hold broader biases against cyclists, especially if they do not take part in the activity themselves. Similar to motorcycle bias, people may have preconceived notions about the character and behavior of cyclists, making them more likely to believe that cyclists are at fault in an accident.
Examples of bicycle bias include:
- Assuming cyclists regularly disregard traffic laws: Perhaps the most common reason people are biased against cyclists is that they have witnessed a cyclist zipping through a stop sign, weaving between cars, or otherwise riding recklessly. Based on these observations, they assume that all cyclists ride in a similar manner.
- Believing that cyclists are less skilled than drivers: Cyclists must follow certain rules of the road designed to keep them safe. However, people often believe that cyclists are more likely than drivers to make errors that can cause an accident, such as unexpectedly cutting across a street.
- General disdain for cyclists: People may hold grievances about cyclists, such as irritation about having to share the road with them.
- Lack of understanding of bicycle laws: While cyclists are permitted to share the road with drivers, not everyone is aware of this fact. Some may believe (or simply hold the opinion) that cyclists should not be allowed on the road.
- Believing that bicycling is an inherently risky behavior: Cyclists have fewer safety protections than motorists, and people may believe that they accept more risk when they ride. This bias overlooks the fact that drivers still owe a duty of care to be careful to avoid causing injuries to others, including cyclists.
How bicycle bias can affect a personal injury claim
Bicycle bias can undermine a personal injury claim in a variety of ways. The police investigating the accident may focus more on the cyclist’s actions than a negligent driver’s, or neglect other factors such as the condition of the road at the time of the accident. Healthcare professionals may downplay the severity of a cyclist’s injuries. A judge or jury may be biased against the cyclist, either consciously or unconsciously, when a claim goes to court.
Defense arguments often build on these biases by arguing that a cyclist was reckless, not following traffic rules, or otherwise acting irresponsibly. This can help convince a judge or jury that the cyclist’s testimony is less credible than the driver’s, limiting a cyclist’s chances of prevailing in court.
How to counter bicycle bias
A strong claim is essential for pushing back against bicycle bias in court. This can help overcome any assumptions about the cyclist’s behavior and prove that fault rests with another party.
A personal injury attorney can help you build a strong personal injury claim after a bicycle accident by:
- Collecting evidence: A thorough documentation of the accident scene will include evidence such as road conditions, the location of any road signs and traffic signals, witness statements, and any surveillance or dashcam footage that captured the accident.
- Gathering medical records: Records outlining the medical attention you received after the accident, including ongoing treatments such as physical therapy, help quantify the financial impact on your life.
- Directly confronting biases: Even if they believe they will give your claim a fair hearing, a judge or juror could be unconsciously biased against cyclists. An attorney can raise this issue and confront it directly, at the time of selecting a jury and during evidence such as testimony from investigating officers, the negligent driver or others who can attest to your safe cycling habits.
Let’s review your case
If you were injured in a bicycle accident, contact the attorneys at Anderson Trial Lawyers today for a free consultation to discuss your claim. Fill out our online contact form or call us at 860.886.8845.
