Butte Bicycle Accident Lawyer

Bicycle Accident Attorney In Butte

Cyclists are extremely vulnerable when sharing the road with motorists who aren’t paying attention or who disobey traffic laws. Bicycle accidents in Butte can happen at congested intersections, on narrow roadways, or in low-visibility areas. A Butte bicycle accident lawyer can assist with investigating what happened after a crash and whether another party may be liable.

Bliven Law Firm, P.C., represents those navigating the aftermath of such accidents and seeking accountability.

Hire a Reliable Bicycle Accident Attorney in Butte

Bliven Law Firm, P.C., has more than three decades of experience with personal injury claims throughout Montana. The firm’s approach to each case takes into account the client’s situation, developing a strategy based on liability, damages, and available evidence. The firm’s attorneys aggressively seek compensation through negotiation and are ready to litigate when appropriate.

Common Causes of Bicycle Accidents

Drivers sometimes fail to perceive or pay attention to bicycles as part of traffic. Inattention, or simply not knowing how to maneuver around bicyclists, can cause accidents. Some common causes include unsafe passing and right-turn conflicts at intersections like Harrison Avenue and Elizabeth Warren Avenue. This often occurs when a turning motorist crosses a bicycle path or fails to yield the right-of-way.

Dooring, in which a parked driver opens a door into the path of a cyclist, is still a common problem. Faulty pavement, uneven surfaces, loose gravel, oil spots, and narrow lanes can all create hazardous riding conditions. In some cases, lack of visibility, especially during early morning or evening hours, and distraction or impairment contribute to bicycle accidents.

Bike Accident Laws and Right-of-Way Rules in Montana

Montana statutes consider bikes as vehicles for most purposes, affording cyclists many of the same rights and duties as drivers. For example, MCA 61-8-102 requires riders to obey traffic lights, travel in the same direction as traffic, and use a lane when one is available. Drivers should also give proper regard to bicycles and provide clearance when passing.

Right-of-way at intersections may also depend on whether a bicyclist or driver is present, particularly when traffic control devices are in place. Failure by either party to follow these rules may also be a factor in the analysis of a crash.

What to Do After a Bicycle Accident

Seeking medical care as soon as possible following the accident, even if you do not believe you were injured, is important. Promptly filing an accident report with the Butte Silver Bow Police Department can also provide official documentation of the incident that could be used in the future.

Collecting evidence at the scene of the accident and following up on it afterward is an important means of supporting a claim, including taking photographs of the scene, bicycle damage, and witness contact information.

It is in your interest to avoid giving a recorded statement about the accident to an insurance company until you have a better understanding of how the claim is unfolding. Photographing roadway conditions and obstructions to visibility can be applicable in Butte as well.

How Insurance Coverage May Apply in a Bicycle Accident Case

Insurance coverage can play a role in your bicycle accident claim. Typically, a driver’s automobile insurance will be the primary source of coverage, but other insurance, like uninsured or underinsured motorist policies from a third party, can also be a consideration. Your own health insurance and medical payments coverage may also help you to handle your immediate bills and expenses.

Understanding what insurance coverage may apply to your case and how it applies is important. Examining any applicable insurance policies early on can provide a sense of your claim’s potential value and what financial assistance you may receive.

Common Injuries in Montana Bicycle Accidents

Because bicyclists have little protection compared to occupants of passenger vehicles, even a relatively low-speed collision can cause devastating injuries. While modern vehicles are equipped with airbags, seatbelts, and reinforced safety structures, bicycles are vulnerable. Riders usually only have a helmet and reflective gear to protect them. This means that even a small collision can cause severe trauma and require extensive medical treatment.

Here are some of the most common injuries a bicycle rider may face if they’re involved in an accident.

Traumatic Brain Injuries (TBIs) and Concussions

Head injuries are among the most serious consequences of bicycle accidents. Even when a cyclist wears a helmet, they may experience a level of physical force in an accident that causes the brain to strike the inside of the skull. This can cause a concussion or a long-term traumatic brain injury.

Victims facing these injuries may experience symptoms like:

• Persistent headaches
• Memory loss
• Difficulty concentrating
• Dizziness
• Mood changes
• Sleep disturbances
• Sensitivity to light and noise

In severe cases, a traumatic brain injury can lead to permanent cognitive impairments, personality changes, and diminished earning capacity. Some individuals require years of neurological treatment, rehabilitation, and therapy to regain basic functioning.

Symptoms don’t always appear immediately, and this makes immediate medical attention crucial. Some TBIs are known to grow worse over time, even becoming fatal. For example, five-year outcomes showed that 22% of sufferers died, while 30% saw their symptoms worsen. Those dealing with this type of injury were also at higher risk of infections, seizures, drug poisoning, and pneumonia.

Spinal Cord Injuries and Paralysis

The physical vulnerability of cyclists also makes spinal cord injuries a significant concern. If a rider is thrown off their bicycle or struck directly by a vehicle, it can cause a tremendous amount of impact and damage to the spine.

Given that the spine plays a key role in connecting the brain and body, even a small injury to it can have catastrophic, far-reaching consequences for the victim’s future.

Spinal cord injuries can range from herniated discs and nerve damage to complete paralysis. Depending on the location and severity of the injury, victims may suffer:

• Chronic pain
• Loss of sensation
• Reduced mobility
• Loss of bladder or bowel control
• Partial paralysis
• Quadriplegia or paraplegia

These injuries may require extensive medical care, including surgeries, physical therapy, adaptive equipment, and long-term assistance. The lifetime financial costs associated with severe spinal injuries can be substantial, making it critical to pursue compensation that accounts for future medical needs and lost earning potential.

Common Cycling Fractures

Broken bones are among the most frequently reported bicycle accident injuries. However, cyclists often suffer fracture patterns that differ from those commonly seen in other roadway accidents. Some common cycling-related fractures include:

• Clavicle (collarbone) fractures
• Facial fractures
• Wrist fractures
• Arm fractures
• Leg fractures
• Hip fractures
• Shattered knees and lower extremities

Many cyclists instinctively extend their arms during a fall, leading to serious upper-body injuries. Facial fractures can occur when a rider strikes pavement, curbs, or vehicles during impact. In severe cases, multiple surgeries may be necessary to restore function and appearance.

Fractures can also leave damaged areas weaker, creating a potential for future injuries and recurring pain even after the initial damage seems healed.

Road Rash and Degloving Injuries

While road rash may sound minor, severe cases can be extraordinarily painful and lead to permanent scarring. Road rash occurs when a cyclist slides across the pavement after being ejected from their bicycle.

These injuries can lead to:

• Deep skin abrasions
• Infection risks
• Nerve damage
• Muscle exposure
• Permanent scarring

In particularly severe accidents, victims may suffer degloving injuries, where layers of skin are forcibly torn away from underlying structures. These traumatic injuries often require skin grafts, reconstructive surgeries, and extensive wound care. Even after treatment, a victim may deal with permanent disfigurement and physical limitations.

While the many injuries a cyclist may face can leave them feeling alone and overwhelmed, our law office is only a call away. We can handle the legal process for you and seek a fair settlement, so you can focus on your recovery.

Montana’s Helmet Laws and Insurance Company Tactics

One issue that frequently arises in bicycle accident cases is whether the injured cyclist was wearing a helmet at the time of the crash.

Montana does not have a statewide law requiring adult bicyclists to wear helmets. While helmets are strongly recommended for safety reasons, adults generally have a legal right to ride without one. It is understood that this is the discretion of the rider, and not a legal mandate.

However, despite this matter being up to the rider, insurance companies often attempt to use the lack of a helmet as a defense against liability. Adjusters may argue that the cyclist contributed to their own injuries and therefore deserve a lower settlement as a result. This tactic is commonly referred to as a “helmet defense.”

In reality, the absence of a helmet does not excuse a negligent driver’s actions. A distracted, speeding, or impaired motorist remains responsible for causing a collision regardless of whether the cyclist was wearing protective gear. Additionally, many bicycle accident injuries involve broken bones, spinal trauma, and other injuries that a helmet would not have prevented.

An experienced bicycle accident attorney can challenge this common but illegitimate attempt by insurance companies to unfairly shift blame onto accident victims, and instead work to assign fault properly based on the facts.

E-Bike Accidents and Montana Law

Electric bicycles have become increasingly popular throughout Montana for recreation, commuting, and long-distance travel. As e-bike usage grows, especially in a bike-friendly place like Butte, so does the number of accidents involving these vehicles.

In many respects, e-bike accident claims are handled similarly to traditional bicycle accident cases. Injured riders may pursue compensation if another party’s negligence caused a collision. However, the classification of the e-bike can sometimes affect legal and insurance issues.

Factors that may become relevant include:

• The type and speed capacity of the e-bike
• Whether the e-bike complies with Montana regulations
• The location where the accident occurred
• The conduct of the rider and motorist
• Applicable insurance coverage

In some cases, disputes arise regarding whether an e-bike should be treated more like a traditional bicycle or a motorized vehicle. These issues can affect liability determinations and insurance claims, particularly when serious injuries occur.

As e-bike technology continues to evolve, accident victims benefit from working with attorneys who understand both traditional bicycle accident litigation and emerging legal questions surrounding electric bicycles. Proper investigations can help identify liable parties, preserve evidence, and increase compensation following a serious crash.

Our firm can help you manage a claim whether you were riding an e-bike or a traditional bicycle. Every person deserves to be safe during their travels, and if someone’s negligence caused you harm, our legal team can advocate on your behalf.

​​FAQs

How Often Are Bicyclists Injured or Killed in Traffic Accidents?

Across the United States, a significant number of fatal and nonfatal injuries to cyclists occur each year. According to national estimates, about 1,000 bicyclists are killed, and about 42,000 bicyclists are injured in roadway crashes each year. In addition, bicyclists make approximately 120,000 emergency department visits for non-fatal crash-related injuries annually. These figures highlight the ongoing safety risks cyclists face when sharing the road with motor vehicles.

Can a Cyclist Still Recover Damages if They Were Partially at Fault?

In Butte, Montana, even if a cyclist is partly at fault for an accident, they may be able to recover damages. Montana is a modified comparative fault state. A claimant can recover compensation reduced by their percentage of fault, so long as that share does not exceed 50%. The recovery can be reduced by that percentage. Allocation of fault is often a central issue in how a bicycle accident claim is assessed.

Can Road Design or Maintenance Affect a Bicycle Accident Case?

Roadway design and maintenance can be relevant to how a bicycle accident claim is assessed. An accident claim may involve issues like inadequately painted lanes, the absence of signage, bumpy pavement, or debris remaining on the road.

In some cases, liability may not lie solely with a driver, but also with another entity responsible for maintaining safe roadway conditions. Investigating the road’s construction and maintenance leading up to the accident could be key to the claim’s progression.

What Is the Deadline to File a Bicycle Accident Claim in Montana?

In Montana, the time limit to raise a bicycle accident claim is usually three years from the date the accident happened. This time limit can have a bearing on whether or not a claim is permitted to move forward. Since the timing of a claim may vary depending on the details of the case, applying the statute of limitations to the specific circumstances is critical.

Hire a Bicycle Accident Lawyer in Butte

Bicycle accident claims can often hinge on seemingly small but significant details, such as the cause of the collision and how the roadway was being used. Those factors may impact how responsibility is assessed and the claim is developed.

Bliven Law Firm, P.C., assists injured cyclists by carefully analyzing their case’s specifics to determine how to navigate the legal proceedings. Schedule a consultation to hire a bicycle accident lawyer today and discuss the details of your situation.

Butte, MT Bicycle Accident Lawyer Reviews