Injured In A Bicycle Delivery Injury Accident? Who’s Liable?
Bicycle injury accidents are more frequent in cities where companies have bicycle delivery services. When a bicyclist is involved in an accident with injuries, specific issues often arise when the injured person was the messenger or courier. One specific issue is whether the bicycle messenger or courier was working at the time of the accident.
What Constitutes Work in Bicycle Injury Accident?
Being on the job means the bicyclist was engaged in some kind of regular task when the accident occurred. For instance, the bicyclist was parked and gathering their delivery when the accident happened is one type of job task. Other job tasks also include:
• Engaging in a delivery
• Being en route to make a pick up
• Returning from a delivery
A bicyclist working at the time of the accident may have access to worker’s compensation. Worker’s compensation is a state program allowing employees to receive money and/or health benefits when involved in a workplace accident. Worker’s compensation doesn’t rely on proving fault like a personal injury case. In fact, the bicyclist could be at fault for the accident and still receive compensation.
When the Bicyclist is at Fault for the Accident
This may horrify some bicyclists to read this, but it’s not uncommon for a bicyclist to be at fault for an accident. Being at fault refers to the bicyclist causing the accident and any injuries to drivers, passengers, pedestrians and vehicles.
An individual injured by a bicycle messenger or courier may sue the bicyclists and their employer. The plaintiff, or injured person suing, will usually file a claim against their employer because it has “deep pockets” and pay the money to cover damages.
The bicyclist could have the money to pay the injured person in the accident too. They may be covered for personal liability under their:
• Renter’s policy
• Homeowner’s policy
• Specialty insurance policy
Drivers and Pedestrians can be at Fault for a Bicyclist Accident with Injuries
When a vehicle hits a bicycle courier, the courier will have a personal injury claim. It doesn’t matter if worker’s compensation covers their injuries or not. Having worker’s compensation may decrease the amount of damages the individual at fault may pay the bicyclist. Whether mitigation, or a decrease in the amount the responsible party pays, occurs depends on state law.
For instance, a driver hits a bicycle courier and they are injured. The bicycle courier takes worker’s compensation, but sues the driver for personal injury. The bicyclist may not obtain lost wages from the defendant, but can collect damages not covered by worker’s compensation. These damages include pain and suffering and mental anguish.
Contacting an Injury Attorney
Understanding personal injury law can be tricky without the help of an personal injury attorney. Fault is determined by specific things like speed, distracted driving and/or vehicle defects. In a bicycle accident, everyone is pointing fingers at the other person to avoid paying money. To understand how to receive money for your injuries contact a personal injury attorney.