When You Have Been Injured,Your Attorney's Experience Matters

  1. Home
  2.  — 
  3. Library
  4.  — Who Is Financially Responsible In A Bicycle Crash?

Who Is Financially Responsible In A Bicycle Crash?

On Behalf of | Oct 30, 2017 | Library, Traffic Accidents

When a cyclist is involved in an accident of any kind, the question of
liability is often discussed. It is important to know that liability in
bicycle accidents works the same way as it does in
car accidents. You get to hold the other person financially responsible if they caused
the crash; however, if it was your fault, you pay. If for some reason
both you and the other party share fault in the collision, you may not
be able to recover for your injuries. This is why proving liability is
important in order to hold the other party responsible for your damages.

Here is a list of liability issues in the following types of bicycle accidents:

  • Liability in a bicycle and car accident. Bicycles and cars are supposed to share the road and obey the traffic
    laws. So when one party doesn’t exercise care on the road and fails
    to follow the rules of the road, that party may be liable for the collision.
    For instance, if a driver ran a stop sign or a red light, his negligent
    behavior would be the cause of the accident. However, if a cyclist ran
    a stop sign or rode the wrong way down the road, the biker may be guilty
    of negligence.
  • Liability when a bicyclist gets doored. Bicyclists are supposed to ride in a bicycle lane or to the right of traffic,
    which places them close to parked cars and in the danger zone for car
    doors opening into their pathway. If a cyclist hits an open car door and
    suffers injuries, the majority of the time the person who opened the car
    door will be found liable. This is because drivers are supposed to look
    in their mirrors before opening their door so they won’t hit a cyclist.
    There are some cases in which the driver could argue liability if the
    door was opened for a long time or if there was absolutely no traffic
    (which would allow the cyclist to go around the door). Witnesses would
    be extremely beneficial in cases like these.
  • Liability in a bicycle and pedestrian accident. If a bicycle hits a pedestrian, the fault could be that of the cyclist
    or of the pedestrian. For instance, if the pedestrian was walking drunk
    or distracted, the pedestrian could be found negligent for failing to
    watch where he was walking. Sometimes a pedestrian could step out of nowhere
    into the pathway of a cyclist, leaving a cyclist little to no time to
    avoid the accident. In a case like this one, the bicyclist would need
    to prove that the pedestrian was negligent in some way (i.e., walking
    while texting or walking impaired). However, sometimes cyclists may be
    guilty of negligence and a pedestrian would need to prove liability. For
    instance, a bicyclist may also be guilty of reckless behavior such as
    riding while intoxicated, and a pedestrian would have to prove that the
    cyclist’s negligence caused the collision. This is why it is very
    important to obtain witness statements to help prove liability in a pedestrian
    and bicycle accident.
  • Liability in a bicycle accident due to road hazards. If a bicycle accident occurred due to uneven sidewalks, loose gravel,
    or other dangerous road conditions, a bicyclist may be able to prove the
    state or another party was negligent in allowing the dangerous condition
    to exist on the road. For instance, if a construction company or state
    workers were doing some road work and failed to clean up the loose gravel,
    it could be shown that the dangerous road conditions caused the bike accident.

Proving negligence in a bicycle accident generally hinges on the other
party breaking the law. Although some cases are straightforward, there
are others that are more complex and require the assistance of a personal
injury lawyer. If you are in this situation, call our law firm today for
a free consultation. We can help you prove liability and collect the compensation
you need and deserve.