Is the car always at fault in a bicycle versus car collision? While this is a common myth, it is still a myth. Drivers or cyclists can be at fault, and it depends on what happened and how it happened. To get into who is legally responsible for the accident, it’s important to determine who caused the accident based on how it happened. Some common situations include the following.
Car Turns in Front of Cyclist
One of the most common causes of a bicycle versus car collision is when the car turns in front of the cyclist, hitting them directly or causing the cyclist to run into the car. In most cases, this is going to be the fault of the driver, as they are required to yield to bicyclists and pedestrians. However, if the cyclist was riding against traffic or ran a light, it may be the bicyclist at fault. The victim may be able to get compensation after a bicycle accident to help cover their medical bills and other costs.
Driver Runs Stop Sign or Red Light
If a driver runs a stop sign or red light and hits a cyclist, they are most likely at fault because they failed to follow local traffic laws. Though driving laws can vary from state to state, in most states, it is legal to make a right turn at a light after coming to a complete stop. If there is a bicyclist or pedestrian in the crosswalk, though, they have the right of way and the driver must wait for them to cross. If the driver fails to yield and causes an accident, they can be found legally liable for the accident.
Driver Opens the Door into the Cyclist
If a driver parks on the side of the road, especially if they park near a bike lane, it’s crucial for them to look before opening the car door. Failing to do so could cause them to hit a cyclist with a door or open it when the cyclist doesn’t have the ability to swerve, causing the cyclist to hit the door. This can lead to serious injuries, and the driver may be at fault because they have a duty to check before opening the door. While this is typically an accident, if it is done on purpose, the driver could be found legally liable and face criminal charges.
Cyclist Hit While Riding at Night Without Lights
When it’s dark outside, cyclists must have lights not only to help them see, but to help others see them. If a bicyclist is riding without headlights at night and they are hit by a car, it may be the cyclist at fault for the accident because they were breaking the law. If the driver was negligent, however, there could be shared fault in a situation like this, which is why it’s important to talk to an attorney before admitting fault.
Since it can be either the driver’s or the cyclist’s fault for an accident, it is important to work with a lawyer. The victim should be able to get compensation for their injuries or damages, but they may need help proving what happened and why the other party is at fault for the accident. If you’ve been involved in a bicycle versus car collision, schedule a consultation with a lawyer now to learn more.