4 Situations That Will Help You Understand the Liability Issues in a Bicycle Accident
Establishing liability in a bicycle accident can be a complicated process. If it’s a bicycle vs. car accident, people will always think that the car is at fault given its larger size. On the other hand, some may think that the cyclist is at fault since they are always a hazard on the road. However, whether or not the cyclist or driver is at fault will depend on the surrounding situation. Both a car and a bicycle can cause accidents in a variety of ways. To understand liability, here’s what you need to consider.
- Getting Doored
Cyclists riding in an urban setting often experience the dangers of open doors which end up causing injuries. The term for this kind of injury is “getting doored” and occurs as a result of a biker colliding with an open door of a car. The injured one sustains as a result of this action requires a person to understand who is responsible in order to determine how the injured party is to be compensated. In this kind of situation, any person could be responsible: the passenger, driver, or someone else. You may need to conduct a detailed investigation to determine how this case is to be pursued.
- Road Guidelines
There are numerous traffic laws that involve cyclists. According to one of these laws, riders are required to remain in their lanes so they do not get in the way of the traffic. Unfortunately, cyclists usually travel close to vehicles parked on the roadside. Although drivers are required to watch out for the presence of cyclists, there is still a possibility of accidents occurring. Therefore, when riders are injured while on their lanes, there is a higher chance the driver of the vehicle that caused the accident is at fault.
- Who Was Careless?
If it’s unclear whether the driver or cyclist was at fault when the accident took place, the next consideration would be to determine who among them was being careless. There are a lot of situations during which accidents occur without either party violating the traffic rules. Nevertheless, one of them is almost being careless, such as the cyclists weaving between cars or drivers using mobile phones while driving.
- Contributory Negligence
In many bicycle vs. auto accidents, parties involved hold some responsibility. The issues often boil down to how much responsibility each one has in the case. Whoever is least responsible may be entitled to some compensation from the other party, whether it’s the driver or the cyclists.
Nevertheless, even when that is the case, the person seeking compensation won’t have a right to be fully compensated if in some way they contributed to the accidents. The court or insurer will reduce their amount of compensation by a certain percentage of fault.
In a bicycle accident, to understand whether or not compensation is possible, it’s best for a person to contact a bicycle lawyer for more information. Claims of personal injury are often complicated and usually have additional stipulations depending on the legislation of the state. A legal representative is necessary to make these cases less complicated.