Many people choose bicycling as responsible transportation: it’s healthy, inexpensive, and environmentally friendly.
But over the past several years, the number of people injured in bicycle accidents in St. Louis city and county has been on the rise.
Under Missouri law, bicyclists have the right to share the road with cars and other vehicles.
If you’ve been hurt in a bike accident, you deserve to be compensated. The system can feel overwhelming and stacked against you – but you don’t have to face it alone. Fernandez Law can help.
Top causes of bike accidents in St. Louis
Bicycles leave their riders exposed and vulnerable, so even a minor accident can have significant consequences. The main causes of bike accidents include:
Distracted drivers
The most common thing we hear from drivers who hit a cyclist is, “I didn’t see them.”
Drivers scan their environment for other motor vehicles, creating an awareness blind spot when it comes to bikes.
In-car distractions like cell phones or GPS make it even more likely a driver will fail to see a bicycle sharing the road.
Failure to yield
In 2023, nearly a quarter of bike accidents in St. Louis, and almost 40% of accidents in St. Louis County, occurred at intersections when a driver failed to yield the right-of-way to a bicyclist.
Opening doors
By law, bicycles should stay as far to the right of the lane as possible. This is usually safer, as it creates a buffer between the cyclist and the flow of traffic.
But on city streets lined with parked cars, this creates a new hazard. Most people getting out of a parked vehicle open the door without a second thought.
A cyclist may not have time to react to the sudden barrier an open door throws into their path, causing them to hit it head on and potentially be thrown from their bike.
Unsafe road conditions
It’s not always drivers who cause bike accidents.
When local governments allow roads to fall into disrepair, they can become a dangerous obstacle course for cyclists.
Poorly maintained road surfaces, potholes, and debris can cause a biker to lose control and crash.
Weather conditions
Missouri’s changeable weather poses a hazard to drivers and cyclists alike.
Wet and icy roads make it harder for both cars and bikes to stop quickly. Fog and rain make cyclists even harder for drivers to see.
Injuries and damages our bicycle accident attorney often sees
Most bicyclists have experienced minor bumps and scrapes from falling off a bike. But some bicycle accidents result in far more serious injuries that could warrant a legal claim.
Common bicycle accident injuries
- Head injuries, including concussions, skull fractures, and traumatic brain injury
- Fractures and broken bones
- Spinal cord injuries
- Soft tissue injuries like scrapes, cuts, bruises, road rash, and muscle strain
- Internal injuries
- Emotional trauma and post-traumatic stress disorder (PTSD)
Damages you could claim after a bike accident in Missouri
- Medical bills, both right after the accident and for ongoing treatment
- Lost wages for time off work
- Transportation costs, if you have to find alternative transportation to riding your bike
- Property damage to your bike or other personal property
- Pain and suffering
- Permanent disability or disfigurement
- Lost enjoyment of life
- Emotional trauma
- Wrongful death
Gonzalo Fernandez has spent more than 30 years helping injured people in Missouri and Illinois get the compensation they need to recover.
Who pays damages after a bicycle accident in Missouri
Before you can file legal action for your bike accident, you and your attorney have to determine who was responsible.
This question might not be as obvious as it first appears. To get the full compensation you’re entitled to, you want to be sure everyone who could be liable is held to account.
Fernandez Law will conduct a thorough investigation to identify responsible parties. These may include:
- Motorists
- Auto insurers
- Property owners
- Property insurers
- Vehicle and equipment manufacturers
- Government agencies responsible for maintaining roads
- Employers, if a motorist was on the clock or driving a company vehicle
Even if your own actions led to the accident, you might still be entitled to compensation. Your attorney’s investigation will identify whether anyone else contributed to the accident. If so, they can be held liable under Missouri’s comparative fault laws.
10 things to do after a bicycle accident in Missouri
- Your top priority should be your own safety. Immediately after the accident, get off the road to wait for police and paramedics in a safe place.
- Call 911. If you don’t have a phone or yours was damaged in the accident, ask someone to call for you. A police report is a crucial piece of evidence should you later decide to sue. Even if you think the accident was “no big deal,” report it to the police. If a driver has a history of accidents, your report could be the one that stops them from hurting someone else.
- Do not admit fault. Even if you think the accident happened because of something you did, don’t apologize. There may be contributing factors you don’t know about. It’s up to the court to decide who was to blame.If you are contacted in the hours or days after the accident by an insurance company – even your own – do not speak with them. Direct all communication through your lawyer.
- Get immediate medical treatment, even if you think you’re unhurt. Your body could be flooded with adrenaline in response to the trauma, which can make you less aware of injuries. Your initial medical exam creates critical documentation to support your case if you later decide to sue.
- If the accident was with a vehicle, exchange information with the driver. Get their contact information, license plate number, and insurance details. If the vehicle flees, give the police as much information as you can about it.
- Document the accident scene. Note what was around you when the accident happened, the time of day, weather and road conditions, and whether the accident resulted in debris.
If you have a phone with you, take photos and videos of the scene, your bike, the car if one was involved, and any visible injuries. - Talk to witnesses. Ask people around whether they saw the accident, and get their names and contact information to share with police and with your lawyer.
- Reach out to Fernandez Law. Our honest, compassionate team will listen to you and talk you through your options. If you move forward with a claim, you’ll have an experienced lawyer on your side to navigate the complex legal process and handle insurance companies and police while you rest and recover.
- Get follow-up care. Some injuries take time to become apparent. Follow your medical team’s recommendations for follow-up care and treatment.
- Keep a record of all damages and expenses, including medical bills, lost wages, bicycle repairs, and transportation costs.
Gonzalo Fernandez is a St. Louis accident attorney who gets fair compensation for bike accident victims
How much can I get for a bicycle accident?
Before they file a claim, most people want to know how much compensation they stand to receive. The answer is: it depends.
Compensation depends on many factors, including the kind of damages the victim suffered, the severity of damages, comparative fault, and the circumstances of the accident.
The responsible party’s ability to pay is another factor people sometimes fail to consider. Even if a jury awards you a million-dollar settlement, if the responsible party doesn’t have a million dollars to pay, you’ll never get your full award.
That’s why it’s important to work with an experienced attorney who will investigate whether entities like insurers, property owners, manufacturers, and government agencies may bear a portion of liability.
We’ve won more than $100 million for our clients
Gonzalo Fernandez and his team have won more than $100 million in compensation for injured people and their families.
Over a career spanning more than three decades, Gonz has developed a deep understanding of Missouri’s personal injury laws.
He knows the legal tricks insurance companies use to avoid paying claims, and he knows how to beat them at their own game.
What happens when you file a bicycle accident claim in Missouri
The first thing to do is have a free consultation with our team to learn about your legal options. At the consultation, we’ll listen to your story, review any evidence you have, and tell you what your next steps might be.
If you move forward with filing a claim, here’s what happens next:
- Your bicycle accident lawyer will file a claim with the at-fault party’s insurer. Once you have legal representation on your side, you don’t need to have any communication with insurance companies; they have to direct all questions and negotiations to your lawyer.
- Your lawyer will gather evidence to build a case, including police reports, medical records, and witness statements.
- Your lawyer will negotiate with the insurance company to arrive at a fair settlement. When they offer a fair amount, your attorney will guide you through the process of accepting the offer.
- If a fair settlement can’t be reached, your attorney will file a personal injury lawsuit. Under Missouri law, you have up to five years after the date of the bicycle accident to file suit.
- Your lawyer will negotiate with lawyers for the other party to try and reach an out-of-court settlement.
- If negotiations fail, the case will go to trial. It can be a lengthy process from the time a claim is filed until a trial begins.
- Attorneys for both sides will present evidence and arguments, and you may be called to testify.
- A judge or jury will decide the outcome of the case and the amount of damages you are awarded.
- Whether the case is settled out of court or at trial, your attorney will help you collect your compensation. This could mean negotiating payment terms or enforcing a judgment.
“My case was a rather difficult one to prove and Gonzalo Fernandez and his team went above and beyond to prove my position.I was kept well informed and never doubted for a moment that my interests were being looked after. If you want superb representation, this is the team of attorneys to call.”
FAQ about bicycle accidents in St. Louis
Does Missouri require bicycle helmets?
No. Missouri does not require bicyclists to wear helmets, and your case is not affected if you weren’t wearing one.
Some local governments, including St. Louis and St. Louis County, do require bicycle helmets for children under 16.
Helmets are a key piece of safety equipment that can reduce a cyclist’s risk of head injury by as much as 85%.
What gear does Missouri require bicycles to have?
Bicycles must have a white front light and a red rear reflector if they are being ridden after sunset or before sunrise.
Missouri law also requires bikes to have brakes that will stop the bicycle within 25 feet if applied while traveling at 10 mph.
What rules of the road apply to bicyclists in Missouri?
Missouri bicyclists are required to follow the same rules of the road as motorists.
That means coming to a full stop at stop signs and red lights, traveling on the right side of the road, signaling turns, and following all other traffic laws.
Bicycles are allowed on all Missouri roadways except interstate highways.
Can I ride my bike on the sidewalk in Missouri?
State law allows bicyclists in Missouri to ride on the sidewalk unless they are in a business district.
Cyclists using the sidewalk are required to yield to pedestrians and give an audible signal before passing.
Municipalities may prohibit bicycles on city sidewalks. Watch for signs stating that bicycles on sidewalks are not allowed.
How much does it cost to file a bicycle accident claim?
Consulting a bicycle accident attorney at Fernandez Law costs nothing. If you have a case, we will help you pursue it, and charge nothing until we win a settlement for you. Your legal fees will be covered by a percentage of the compensation you’re awarded.
Contact Our Team Today
Call 314-433-9131 or toll free 866-285-4611 to find out what your claim is worth. We’re ready to help you get the compensation you deserve.