Who Is at Fault if a Bicycle Hits a Car?
An accident involving a bicycle and a car always has more blame games. The car owner may accuse the cyclist of not following the traffic rules or being careless on the road, and the cyclist will blame the car owner with the same accusations. Unless you check on what caused the accident, the aftermath may not reveal who caused it. That’s the reason why you need to call the police immediately to assess the accident. It would also help if you had an attorney to help you with the case. This article will give an in-depth analysis of the situation and what the law says. Read till to the end.
Who is at fault in the bike-car accident?
Most people in town have bikes. They use them for exercising and also as a transportation means. The increase in the number of bikes has also led to the rise in car-bike accidents. The reason is that bikes and cars share the same road, especially in metropolitan areas. When such an accident happens, it’s the cyclist who suffers the most. Other than the impact, they suffer from emotional stress on who caused the accident. When you get injured in a bicycle accident, it’s essential to get for yourself a bicycle accident lawyer. They will help you collect evidence, get the witnesses, and file for an injury compensation case. They will also help you determine the case and get compensation for the injuries sustained during the accident.
Issues present in car-bike accidents
There should be evidence that the car owner caused the accident for any biker to get full compensation. There are many issues and injuries linked with car-bike accidents. If the biker had no protective clothing, they may suffer from head and body injuries and blow up their chances of getting compensated. Serious bike-car accidents lead to bone fractures, trauma, and other severe injuries. The car owner might suffer dents and other damages to their vehicle.
In most cases, it’s the car driver who is at fault in such accidents. The reason is that they can control the vehicle and have more protection. Cyclists will be at fault if there is proof of riding their bicycles negligently. Yet, these laws can change, and it’s essential to have a competent lawyer to stand with you when seeking justice.
What causes bike accidents?
There are several causes of bike accidents.
Most of these accidents occur when the biker loses direction and hits a road hazard or a vehicle. Some of these bicycle accidents are from vehicle contacts, with some happening on their own. The majority happen when the bikes get into contact with the vehicles. It can be either the cyclist who lost control of the road or when hit by a distracted car driver. The accidents become worse when the impact is enormous, especially in head-on collisions. Other causes include crashing the bicycle when the driver is changing lanes or branching to an exit road. They can also happen if the driver gets intoxicated, driving under the influence, etc. At times, the biker can hit a stationary vehicle when the vehicle’s door is open, blocking part of the road. With these so many causes, it’s crucial to have a law representative to help you seek justice.
Who is liable after the accident?
Sometimes, it becomes difficult to pin liability to any of the parties involved in the accident. In most cases, it’s the car driver who carries the blame since bikers have less protection. Situations where the biker becomes liable include:
- Not stopping at stop signs
- Riding on the wrong side of the road
- Being negligent on the road
Some of these include failing to yield to traffic, sudden turn with no signal, and getting out of the bike lane. As a biker, you have to prove that you were not negligent and that it’s the car driver’s action that led to the accident.
Types of negligence that post-accident can establish
When a biker is negligent, the cyclist will not get any compensation since their actions led to the cause of the accident. When it comes to comparative negligence, compensation gets shared between the car driver and the cyclist. This situation occurs when all parties are involved in causing the accident.
It is essential to follow the set traffic rules to avoid accidents. When the worst happens, you have to follow the right procedures to determine who’s at fault. This also opens ways to get compensation for the damages suffered. It is crucial to hire a lawyer for all these processes to ensure you don’t get victimized for the accident. Lawyers understand the traffic and biking laws and will help you overcome the situation.
Dallas Dorrall is passionate about music and is living her dream managing and promoting Nashville/Muscle Shoals based Country Music Artist, Johnny Collier, currently touring the US. While traveling, she enjoys reviewing new artists, restaurants and nightclubs. Dallas is crazy about her family and friends and attributes her enthusiasm for life to a quote by Marianne Williamson (which she still reads every day) entitled “Our Deepest Fear”.