Bicycle Accidents: When is the Cyclist is at Fault in an Accident

When a cyclist isn’t riding on the right side of the street, is ignoring traffic signals, or is exhibiting negligent behavior, they could be prohibited from getting a settlement after the accident. However, drivers still have more responsibility in an accident because cyclists are more likely to be seriously injured in a bicycle accidents.

When a cyclist is negligent and causes an accident, they may be guilty of contributory negligence. This indicates that the accident was caused in part by the cyclist’s actions, which means they are not able to request compensation in some states.

If the accident is a case of comparative negligence, both the car driver and the cyclist are at fault. In these cases, the cyclist may get some compensation but not the entire amount of the settlement. To determine whether the accident falls under comparative or contributory negligence, it’s best to seek legal counsel.

What Are Negligent Cycling Behaviors?

It is important to note that the rules of the road apply to cyclists as well. Individuals who are riding bicycles have to follow traffic laws just like drivers. The cyclist could be at fault for the accident if they:

• Fail to make a complete stop at a stop sign
• Don’t ride in the bike lane
• Ride on the wrong side of the street
• Fail to yield
• Ride against the flow of traffic
• Turn without signaling

While cyclists should make an effort to be safe on the road, children are exempt from being charged for a cycling accident because of the “tender years” doctrine. If the child is the cyclist in the accident, the liability falls on the driver.

In some states, cyclists have to have at least one hand on their handlebars while riding. In many states, it is illegal to ride a bike with no hands. It is also important to know the laws for cellphone use while riding a bike. While some states don’t have rules against using a phone while on a bike, phone use is not recommended. It’s best to use hands-free technology or pull over to make a call to avoid an accident.

What to Do After an Accident

If you’re in an accident while riding your bike, you should treat the collision the same way you would if there were two automobiles involved. If the damages or injuries are more than $1,000, you may be required to file a police report. It’s a good idea to do so anyway just in case you need the report to use as evidence.

It’s okay if you don’t know who is liable at the time of the accident. Even if you believe you were at fault, don’t apologize for the accident or claim responsibility until you’ve had the opportunity to assess the details of the collision.

Collect as many details as you can at the scene of the accident, including the contact information of all drivers or bicycle riders involved in the collision. If you know who was liable, you can take the appropriate action a few days after the incident.

Determining Fault in Bike Crashes

Are drivers always at fault in bicycle accidents? In vehicular accidents that involve a collision between a bicycle and a car, the fault usually rests on the driver since cyclists usually don’t have as much protection. However, there are some uncommon cases in which the bicyclist may be liable for the accident.

An attorney can help you prove fault in your crash. Because of traffic and bicycle laws, it can be confusing to determine who is at fault for the accident. Don’t be too quick to accept a settlement offer from the insurance company, since this may not be the amount you are truly entitled to based on your percentage of fault.

You need representation to negotiate with insurance companies and get the compensation you deserve, even if you were the cyclist in the accident and the collision was partially your fault.