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There are unique aspects of bicycle accidents in Florence that raise legal and logistical issues. With limited bike lanes, no local helmet ordinance, and vague police reports, injured cyclists may benefit from an experienced bicycle accident attorney’s help.
At Busald Funk Zevely P.S.C., our talented lawyers have been handling bicycle injury cases for nearly 50 years. Contact us for help with your bike accident case.
The Local Road Infrastructure Is Not Friendly for Bikes
Some roads, such as US-42, KY-18, and Mall Road, are wide, fast, and designed for car traffic and not bikes. Boone County’s Comprehensive Plan admits that the facility options for pedestrians and bicycles are lacking or non-existent throughout the area. That leaves Florence cyclists with limited options and a higher risk of an accident.
Some cyclists resort to riding on the sidewalk. While this is technically allowed, it can lead to driveway collisions. Drivers backing out of parking lots or turning onto busy roads often fail to see sidewalk traffic, especially when bikes are moving faster than pedestrians. If a crash occurs in one of these spots, the insurance company might claim the cyclist was riding unpredictably or outside the normal flow of traffic. This could affect the outcome of an insurance claim or lawsuit.
Accident Reports From the Police Department
Despite the unique legal aspects of bike crashes, law enforcement in Florence typically uses standard motor vehicle report forms. These forms do not include bicycle-specific details and tend to assume the driver’s perspective. They rarely include measurements, the cyclist’s account, or references to camera footage, unless someone, such as a bicycle accident lawyer, pushes to have them added.
This means cyclists often need to move quickly after an accident to gather their own evidence. This includes photos, global-positioning-system ride data, dashcam footage, or witness names.
What Are the Unique Aspects of the Law Relating to Bike Accidents?
Several statutes significantly affect how bicycle accident cases in Florence unfold, particularly when determining fault and insurance payouts.
First, the Commonwealth follows a pure comparative fault system, which is detailed in KRS § 411.182. That means each person involved in an accident receives a percentage of fault, and that percentage reduces the amount of any financial recovery they may receive. If a cyclist is found to be 30% at fault, they could still collect 70% of their damages. Even if someone found 99% at fault could technically recover 1%. Insurance companies often leverage this rule in an attempt to reduce payouts, even in cases where the cyclist did not break any laws.
Another major issue in bike crashes is the lack of helmet use. This Commonwealth does not have a helmet law for adults. If you or your child did not wear a helmet, expect the insurance company to argue partial fault. Legally, the failure to wear a helmet should not automatically shift fault to the cyclist; however, insurers might try to do so.
Under KRS §189.287, bicycles are treated as vehicles. That means cyclists must follow the same rules as drivers, including obeying lights, yielding when required, and riding with the flow of traffic. It also means that drivers are required to respect the cyclist’s right to the road. When drivers ignore that rule, cyclists have the same right as any other road user to hold them accountable.
Contact an Accident Lawyer About Florence’s Distinct Bicycle Conduct Rules
There are some unique aspects of bicycle accidents in Florence. At Busald Funk Zevely, our experienced attorneys have handled some of the most challenging injury cases in the region. Our legal team has taken on trials involving disputed fault and complicated roadway conditions.
With nearly 50 years in practice and a strong history of courtroom success, we understand how to handle bicycle accident cases that other firms might not take on. To learn more about how we could help with your case, contact us online or call us today.
