Accidents involving cyclists
Accidents involving cyclists: trivia, tips and damage compensation
The bicycle is an environmentally friendly, economical and healthy means of transportation, but it is also potentially dangerous. Every year in Italy, there are thousands of road accidents involving cyclists, who often suffer serious or fatal injuries. In this article, we will look at some interesting facts and tips on the topic of bicycle accidents, and how to get the right compensation for damages in case of an accident.
Some interesting facts about bicycle accidents
According to Istat data, 15,722 road accidents involving cyclists occurred in Italy in 2020, resulting in 226 deaths and 14,857 injuries. Compared to 2019, there was a 23.7 percent decrease in accidents, 18.9 percent decrease in deaths and 24.4 percent decrease in injuries, probably due to the restrictions imposed by the Covid-19 pandemic. However, the fatality rate of bicycle accidents increased from 1.3% to 1.4%, while the fatality rate of accidents in general decreased from 2.1% to 1.9%. This means that bicycle accidents are more deadly than accidents by other means of transportation.
Most bicycle accidents occur in urban areas (82.5 percent), while the remaining 17.5 percent occur in suburban areas. The most critical times are between 8 a.m. and 10 a.m. and between 4 p.m. and 6 p.m., while the most dangerous days are Mondays and Fridays. The most frequent causes of accidents are distraction (30.8 percent), lack of right of way (25.5 percent) and excessive or inappropriate speed (12.8 percent).
Some tips for preventing bicycle accidents
To reduce the risk of bicycle accidents, it is important to follow some simple rules of behavior and safety, both for cyclists and other road users. Here are some useful tips:
- Comply with traffic laws, signals and right of way rules.
- Always wear a helmet, which can reduce the risk of head injury by 60 percent.
- Use lighting and signaling devices, such as lights, reflectors and reflective vests, especially in low-visibility conditions.
- Maintain a safe distance from other vehicles and pedestrians, and do not overtake on the right or between rows of cars.
- Avoid using cell phones, headphones or other devices that may distract or prevent you from hearing traffic noise.
- Adapt your speed and riding to road, traffic and weather conditions, avoiding hard braking and swerving.
- Check the condition of the bicycle periodically, checking the functioning of the brakes, wheels, chain and gearbox.
- Choose safe routes and prefer bike lanes or low-traffic roads.
- Educate children to respect the rules and prudence, and never leave them alone on a bicycle.
How to get compensation for damages in case of bicycle accident
If you are involved in a bicycle accident caused by another vehicle, you are entitled to compensation for the damage you have suffered, both pecuniary and non-pecuniary. Pecuniary damage includes consequential damage, that is, the expense incurred in repairing the bicycle and medical treatment, and lost profit, that is, the loss of earnings resulting from the inability to work. Non-asset damage includes biological damage, or the injury to physical and mental health; moral damage, or emotional suffering; and existential damage, or the alteration of living habits and social relationships.
In order to obtain compensation for damages, it is necessary to follow a procedure that includes the following steps:
- Call law enforcement at the time of the accident.
- Gather evidence of the damage, such as photos of the bicycle, receipts of medical bills, certifications of injuries, pay stubs, or tax returns.
- Contact a compensation expert. By law, you have the right to be assisted in your claim by a compensation expert. Since this is your right, the person who caused your injury is also required to pay your defense counsel's fees.
In addition, prompt action should be taken, keeping in mind that the statute of limitations for claiming compensation is two years from the date of the accident.
Conclusions
Bicycle accidents are a worrisome phenomenon that requires increased attention and responsibility from all road users. To prevent them, it is essential to obey the rules, use safety devices and adopt prudent driving. In the event of an accident, it is important to know your rights and how to obtain compensation for damages, using the assistance of a qualified professional.
FREQUENTLY ASKED QUESTIONS
Most common doubts among our customers
Order of the Civil Cassation no. 2644/2018
"[T]he costs of out-of-court legal assistance in a road accident constitute consequential damage within the meaning of Article 1223 of the Civil Code and [...] must be compensated."
The Italian Constitution guarantees the right of defence through an advocate for the purpose of compensation for the damages as well as compensate you for the cost of your legal defence.
To put it shortly: the injured party has the right for assistance from an advocate to ensure a fair defence. The cost of this service is a percentage of the total compensation of the damage. The cost of our service however is by law part of the total cost of the compensation and will be covered in full by the insurance.
ESSEBI RISARCIMENTI wants to safeguard you in these situations as well. We don’t ask for any advance for our service and we will receive our fee when you get compensated.
For you this means that our service will be free as it will be provided by the insurance.
The law n.4/2013 established the profession of EXTRAJUDICIAL PATRON (defender).
The standard defines the requirements for the professional activity of the Patrocinatore Straudiudiziale, i.e. the damages expert who provides out-of-court advocacy.
An out-of-court advocate is a freelance professional who provides assessment and advice to injured parties in accident compensation cases of all kinds. He is not only a mediator who "brings the parties together" in the event of a road accident or incident, but also a professional who is able to follow the entire accident process up to the recognition and settlement of fair compensation and damages for the injured party, in accordance with the regulations in force.
The timeframe for compensation following a road accident extends from 30 to 90 days from full recovery, or in the case of auto damage only, from repair of the vehicle.
With regard to general liability, the timeframe varies depending on the case. Essebi Risarcimenti guarantees a resolution in the shortest time possible under the law.
When you are the victim of an accident or other cause for which you are entitled to compensation, you may not have the financial means to pay in advance for medical expenses, vehicle repairs or assistance. Essebi Risarcimenti helps you with this. As well as providing you with ten years' experience in the sector, it anticipates all medical and other expenses through the best partners nationwide. Moreover, you won't be asked for an advance on servicing costs, you'll settle the bill once you've been reimbursed by the insurance company.
The other party's insurance company is obliged by law to pay damages if the other party is liable, even in cases of contributory negligence. Before taking over your case Essebi Risarcimenti will assess it in the first non-binding interview to ensure that the liability is not solely your own. Once the case has been accepted, all risks are borne by Essebi Risarcimenti. In the event of a negative outcome, you will not be asked to pay any assistance fees.