The Remedy in Bike Messenger Accidents
While bike messenger jobs do not tally as many fatalities or injuries as fishermen (128.9 per 100,000 workers) or loggers (115.7 per 100,000 workers), it does not make the occupation any less hazardous to the employee.
Bike messenger accidents can be common as more and more vehicles and pedestrians clog the roads. Most bike messengers also work under time constraints when making a delivery so even in the midst of a deadline, they would have to safely battle through weather conditions, congested streets, and reckless drivers.
Further, aside from dealing with the elements, being on a bicycle in the middle of a busy street can be dangerous. Bicycles, unlike cars, provide little shelter and protection and have no safety devises like a seatbelt or an airbag.
A bicyclist, unlike a car occupant is more vulnerable to serious injuries in case of a bike accident. A car can minimize the impact of the crash by absorbing it with its body or through an airbag, a bicycle however, affords no such benefit. The following are some of the most common injuries one can incur in a bicycle accident:
- Abrasions and road rash
- Head injury
- Fractured Clavicle
- Concussion
- Broken bones
Fatalities are not uncommon in bicycle accidents, in 2008, as many as 714 bicyclists were killed in crashes with motor vehicles. Head injury is the leading cause of death in bike accidents and as much as 91 percent of the total of bicycle accident fatalities were not wearing helmet.
Wearing a federally-approved bicycle helmet may increase a bike messenger’s chances for survival, but often, it does little to prevent an accident.
Unfortunately, most bike messengers are not considered as company employees and are therefore not entitled to health insurance, sick and/or vacation leaves and even Worker’s Compensation. This would make it next to impossible for them to get compensation if they do get injured or killed in an accident.
But bike messengers still have a remedy in situations like that. If the accident was caused through the fault of another person, like the other motorist or even the manufacturer of their bike, they may rightfully recover compensation.
Further, in case of a car crash, if the driver was negligent, under the law, he may be held liable for payment of damages to the bike messenger. The following are some of the scenarios which would indicate negligence on the part of the driver:
- Driving under the influence at the time of the accident
- Disobeyed traffic laws (Texting while driving)
- Failed to follow traffic signals (speeding through a red light)
- Rear-ending the bike messenger
- Makes a sudden turn or stop without using signal lights
To recover medical expenses, lost wages, or even for temporary or permanent disability after a bike messenger accident, the victim should immediately file a personal injury claim against the liable party. To help the victim prepare his lawsuit or come to terms in a fair settlement, a personal injury lawyer’s presence would be indispensable.
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