Bicycle Accidents Attorney in Bozeman, Montana
Bicyclists are some of the most vulnerable individuals who share Montana’s roadways with automobiles, semi-trucks, and others. The Montana Department of Transportation claims that Montana is “the safest state to commute by bicycle in the United States.” However, most Montana bicyclists’ experiences and numerous studies paint a different picture. A recent report by The League of American Bicyclists found Montana to be the eighth least bicycle-friendly state in the United States. The same report gave Montana an F+ for its traffic laws and practices.
For instance, Montana is one of only 11 states without a safe-passing law to help protect bicyclists from motor vehicle collisions. And too many Montana roadways have very narrow shoulders. Bicyclists must often use the shoulder of a busy highway because bike paths are rarely available. If this is the case, a bicyclist can suffer serious bodily injury or death during an accident with a car, truck, or SUV. Injuries and deaths resulting from negligent motorists attempting to pass a bicyclist too closely happen far too often in Montana.
A personal injury lawyer and law firm, like AFJ Law Firm, can help bicyclist victims who were injured or killed while riding their bicycles. Even when it’s not their fault, a bicyclist hit by a car always loses. The law does not require extraordinary vigilance from a bicyclist and recognizes bicyclists have every right to be on the road that a car, truck, or other vehicle does. But regardless of your legal duty, it pays to do everything you can to make up for the too-often distracted and negligent conduct of motor vehicle drivers operating vehicles around bicycles. Although many individuals never encounter problems while traveling on their bicycles, safety measures may help prevent serious bodily injury and death.
Safety Measures for Bicyclists in Montana
Some bicyclists may commute to work; others may enjoy exploring Montana’s state parks on their bicycles. The following are some essential safety measures that can help bicyclists avoid being hit in accidents:
- Turn signals: Bicyclists can point their arms in the direction they wish to turn or use other universally recognized arm signals to help other drivers know where they want to turn. While not always possible due to terrain or other circumstances, using arm turn signals can help reduce the likelihood that a bicycle accident will occur.
- Do not drink and ride: The Montana Code Annotated’s DUI law, Mont. Code Ann. § 61-8-1002, only applies to “vehicles” as defined under Mont. Code Ann. § 61-8-1001. Mont. Code Ann. § 61-8-1001(15) expressly states that the term “vehicle,” as used in the DUI statute, “does not include a bicycle.” However, even if bicycling is not precluded under the Montana state DUI law, alcohol may impact how you ride. If you want to drink alcohol, then you may want to leave your bicycle at home and use a ridesharing service or a friend who is a designated driver. Provided you are otherwise complying with the law and acting reasonably, the fact that you may have been drinking does not preclude you from recovering if you are hurt by someone else’s negligence while riding your bike.
- Use reflective clothing at night: Many bicycle accidents occur in the evening. This happens at least partly because drivers too often do not properly look for bicyclists and employ other caution when driving at night. If you want to ride a bicycle at night, it may help to wear reflective fabric to make it that much easier to be seen. Headlights and blinkers may also help.
- Wear a helmet: Wearing a bicycle helmet can reduce the chances that you will suffer a traumatic brain injury or be killed during a bicycle accident. You can still be hit by a careless or negligent driver even if you are traveling only a short distance on your bicycle. A helmet may protect you from serious bodily injury or death. In Montana, a bicyclist not wearing a helmet does not preclude the cyclist from bringing a claim or lawsuit if someone negligently hits the bicyclist. A motor vehicle driver does not have a right to hit you or pay less attention just because you are not wearing a helmet. If a motor vehicle driver is negligent and hurts or kills a bicyclist, they are required under the law to pay for all of the harm and damages that they caused, regardless of whether the bicyclist was wearing a helmet.
What To Do if You Suffer Injuries During a Bicycle Accident
If you are involved in a bicycle accident, you should seek medical treatment immediately (or as soon as reasonably possible). Sometimes, you may think your injuries are not severe because you are not experiencing any symptoms. However, many injuries may not produce noticeable symptoms until days or weeks after the initial injury. Therefore, seeking medical treatment as soon as possible after a bicycle accident can help you learn the nature and extent of your injuries.
It is also important to take photographs of your physical injuries. Also, you should photograph the accident scene and any environmental conditions that may have contributed to the bicycle accident.
Take notes in a journal of your injuries and your recovery. The more evidence you have regarding the bicycle accident, the more you will strengthen your case. You should also try to speak to any witnesses who observed the bicycle accident. Collecting their contact information will help you seek them out later in your bicycle accident case.