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.