At Hollis Law Firm, our Wichita bicycle accident lawyers have handled numerous personal injury cases and understand that many victims depend on the possibility of compensation to cover the financial burdens they incurred because of the accident. Cyclists injured in an accident often need expensive and extensive medical treatment to aid their recovery and cannot work while recovering. Some may be so gravely injured they lose their capacity to work. Our Wichita bicycle accident lawyers work to fight for our client’s right to compensation to ensure they have the financial support they need.
Bicycle Rules and Rights in Wichita
Wichita has implemented many laws for cyclists to ensure their safety and the safety of others. Generally, cyclists are required to obey the same laws as drivers. However, there are certain regulations specific to cyclists, including:
- Cyclists must stay as far to the right as possible, except when preparing to turn left, overtaking another cyclist, avoiding hazards, or when needing to go straight.
- It is illegal for cyclists to ride side by side unless they are riding on a path designated explicitly for bicyclists.
- Reflective lighting must be in place at all times.
- Cyclists should own a front-facing head lamp that provides 500 feet of visibility when riding at night.
- Cyclists must have a rear-facing red reflector visible from a distance of 600 feet by approaching vehicles.
- Cyclists must have working brakes.
While it’s not legally required in Wichita to wear a helmet, it’s recommended for visibility and safety. It’s important that cyclists note that they must abide by these laws, and when they fail to do so, they could be considered partially or wholly liable if they’re in an accident.
How is Liability Determined in a Bicycle Accident
How you file an insurance claim for a bicycle accident in Wichita depends on which side of the state line the accident occurred. Missouri is a fault-based state, and Kansas is a no-fault state. If the accident occurs in Kansas, the injured victim doesn’t need to determine fault. They can seek benefits from their own insurance regardless of which party is responsible for the accident. However, in Missouri, injured victims need to determine fault before filing an insurance claim. To prove fault in a Wichita accident, the claimant must prove through strong evidence that the other party:
- Owed a duty of care
- Breached duty of care
- Was the direct or proximate cause of the accident and subsequent damages
Many Wichita bicycle accidents involved some degree of shared liability (where both the driver and the cyclists share the blame) because of the comparative negligence rule, which allows a party partially responsible for the accident to file a claim and recover compensation. However, the party cannot be more than 49% responsible. It’s also important to note that if the cyclist does share part of the blame, their compensation will be reduced by the percentage of blame assigned to them. For instance, if the court determines the cyclist is 20% responsible for the accident, then their compensation will be reduced by 20%.
Possible Sources of Payment for Medical Bills After a Bicycle Accident
Cyclists may incur various medical expenses related to the accident depending on the extent of their injuries. Medical treatments, procedures, and doctor’s visits can quickly pile up, becoming incredibly expensive and more than cyclists can cover on their own. Common sources of payment for medical expenses include:
Health Insurance Coverage
A common method of paying medical expenses after an accident is to turn to their private health insurance provider, Medicaid or Medicare. However, a provider can demand reimbursement for medical bills it paid relating to the accident if a cyclist recovers compensation from the liable party.
PIP Insurance
PIP or Personal Protection Insurance coverage is no-fault insurance coverage that pays medical bills regardless of fault. Kansas requires that drivers carry PIP coverage. Through PIP coverage, cyclists can receive payment for medical bills quickly. However, the provider is only required to cover up to the limit of the policy, which is often very low.
Liability Insurance from the Driver
If a motorist is responsible for the accident, then the cyclist is entitled to compensation from the at-fault motorist’s insurance provider. However, the funds for medical costs are not available until after the claim is settled. A bicycle accident attorney in Wichita can be a great benefit because they can ensure you have a strong claim and help come to an agreement with medical providers to pause the bills until after the claim is settled.
Liability Insurance from Another Party
Depending on the circumstances of the accident, one or more parties may be liable and responsible for covering your damages. In some cases, hazardous road conditions or defective parts can cause or contribute to the accident. Manufacturers or municipalities can also be liable for an accident.
