Deconfinement and the desire to escape public transport due to viruses has generated unprecedented use of two-wheelers in urban areas, not to mention new electric vehicles such as scooters , gyropods or hover boards.
Cycling is no exception to this trend, with a significant increase in traffic accidents resulting from collisions with a motor vehicle, a pedestrian, another bicycle or an electric device, particularly in the 25-64 age groups.
In all cases, it is important to know your rights and to have recourse to a lawyer specializing in personal injury alongside an expert recourse doctor (also called a victim’s medical officer), in order to optimize the compensation process by bicycle accident attorney. Damage suffered according to the principle of full compensation, and to fight on equal terms with insurance companies.
What Laws Apply To Cyclists In The Event Of an Accident?
Several situations must be distinguished:
1- I Have Been Punched By a Motor Vehicle
The category of land motor vehicles (MTV) mainly includes cars, motorcycles, scooters (also electric) electric scooters, buses, heavy goods vehicles, recalling that collisions between MTBs and cyclists represent the vast majority of accidents of the public road in town.
In such a case, the so-called BADINTER law of July 5, 1985 fully applies, allowing the victim to have the motorist’s insurer indemnified for all his personal injury items (bodily-psychological damage) and of a financial nature. (Miscellaneous and health expenses, loss of earnings, professional consequences) in particular.
2- I Have Been Punched By A Bike, A Dog, Or A Pedestrian
The absence of a motor vehicle involved in the accident renders the BADINTER law inapplicable.
The author of the collision (adult or parent for his child, owner for his animal) sees his civil liability engaged on the basis of article 1240 of the Civil Code, and must declare the loss to his insurer (generally under the multi-risk housing contract -MRH- contracted to insure one’s home).
Calling the insurer into question allows compensation for all the “common law” loss items, ie including all the items referred to in a specific list, known as the “ DINTHILAC nomenclature ”.
It is advisable to ensure, during the accident, that this information is well noted in the report, the triplicate or the report drawn up by the Police, in order to “implicate” the insurance company.
It is also possible, in a complementary manner, to activate your “ life accident guarantee ” contract when the clauses provide for this type of accident.
4- I Fall Alone Without the Involvement Of A Third Party
The situation becomes difficult in the event that the cyclist victim is not covered by a “life accident guarantee” contract. While social security and mutual insurance cover a large part of health expenses (hospitalizations, medical prescriptions, physiotherapy rehabilitation, etc.), most of the damage items will not be compensated.