Bicycle accident cases are often based on negligence. An individual is negligent when they have a duty, such as to adhere to traffic laws, and they breach that duty — either by action or inaction. When a person is negligent and causes an accident that results in property damage or injuries, they can be held legally liable for those losses. An example of driver negligence would be failing to check for a cyclist before merging into the bike lane to make a right turn.
They had a duty to share the road and give the bicycle rider the right of way, and they breached that duty. If that negligent action directly resulted in harm or losses to the cyclist, the driver would be considered at fault and legally liable. In California, bicycles must follow the same laws as cars. If a cyclist violates the law and their negligence contributes to or causes an accident, they may be partially or entirely at fault and liable for damages.
For instance, a cyclist would be considered negligent if they roll through a stop sign and fail to yield the right of way to a car that arrived at the intersection first. Because bicyclists have the same rights and responsibilities as drivers of vehicles, the rules that govern vehicles on the roadway also apply to how drivers handle situations when there are bicyclists on the road.
This includes yielding the right of way when necessary. When it comes to determining fault in the aftermath of a bicycle accident , there typically needs to be an extensive investigation into the incident.
The fault is not always clear, which is why much of the following evidence will be gathered in the aftermath of every bicycle crash:. This includes coverage of their medical bills, lost wages, property damage expenses, pain and suffering, and more.
It is certainly possible for a bicyclist to cause a crash. In some cases, a bicyclist is completely responsible for a crash, while there are other times where a bicyclist may only be partially at fault. Bicyclists can be held responsible for a crash in much the same way that vehicle drivers can be held responsible. If you cannot reach agreement, it will be necessary for you to prove that the driver was negligent in a court of law in order to recover compensation for the injuries received.
Because a lawsuit is the next step if an agreement on compensation cannot be reached, the vast majority of injury cases are settled out of court.
Many drivers who cause accidents will initially apologize and accept blame for the accident, but later, after they have had time to consider the ramifications of their negligence, will deny that they were negligent. They may even deny that they were present at the accident scene! Always wait for the police to respond to the accident scene so that an official report will be filed. Some cyclists do not realize that they have been injured until several hours after the accident.
Seemingly minor injuries may develop into serious and permanent injuries. By then, it may be too late to identify the at-fault driver. You should not attempt to negotiate with the at-fault driver. The driver may not give you accurate information about his or her identity, insurance coverage, or vehicle ownership.
Many drivers who cause a crash will apologize at the scene and accept blame for the collision, but later, after they have had time to consider the ramifications of their negligence, will deny that they were negligent. The responding officer may decide to ticket the driver, and this can be useful when trying to settle the case with the insurance company.
In these instances, the officer may have already decided that the cyclist is at fault, without even talking to the cyclist. Therefore, make sure you give your statement to the officer after the collision, if you are able to do so.
If you are physically unable to gather this information, ask a witness to do it for you. The accident scene should be investigated for information about how the accident occurred.
The investigation should include obtaining skid mark measurements, photographing the accident scene, speaking with additional witnesses, and measuring and diagramming the accident scene. In one famous example that highlights the dangers of hidden injuries, rock musician Stiv Bators died after being hit by a taxi in Paris.
Bators went to a hospital after the collision, but after waiting fruitlessly for several hours to see a doctor, he assumed that he was not seriously injured and went home without seeing a doctor.
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