Who is at fault when an accident or collision occurs between a cyclist and an automobile? And how is that fault determined?
First, let’s go over the basic liability rules that apply to bicyclists. They must:
The same state personal injury laws that govern vehicle accidents also govern bike accident lawsuits.
Severe — and sometimes fatal — injuries can result from an accident involving a bicycle versus a car. We’ve already discussed the fact that the same laws of the road cover bicycles as well as motor vehicles. But how is liability determined when a car and a bicyclist are involved in a collision?
It all comes down to negligence.
Was the driver of the car negligent or reckless? Was the cyclist also careless, thereby contributing to — or even solely responsible for — the collision?
Examples of recklessness on the part of a driver include:
Examples on the part of a cyclist include:
Note that courts hold drivers to a higher standard in bicycle versus auto collisions involving children on bikes. Likewise, courts do not expect young children to show the same knowledge or respect for road safety as older children or adults.
Every bicycle versus auto collision must be evaluated individually to determine liability using the facts specific to each case. Witness testimony might factor in, if available.
Cyclists are indeed obligated by the same rules of the road as cars, such as coming to a complete stop at a stop sign, for example. There are also state laws that apply only to cyclists, including:
Any cyclist injured in an accident involving a motor vehicle should have their claim assessed by an experienced personal injury attorney. While serious injuries might call for filing a lawsuit seeking financial compensation, your health insurance policy may already cover minor injuries. Just be sure to have all documentation ready for the insurance claims adjuster before you make your call.
Injuries cost money, including time away from work, medical bills, and other complications. Before taking legal action or trying to negotiate a settlement on your own, you should talk to an attorney about your case. You can search LawInfo’s legal directory to find a local personal injury attorney about the merits of your case. This one step can level the playing field, help you protect your rights, and put you in the best position for recovering the compensation that you deserve.