Negligence on the part of the driver of an automobile can take many forms.
Aggressive Driving: Speeding, running a red light, abrupt lane changes without signaling
Careless Driving: Drifting into a bike lane, swerving, falling asleep at the wheel
Distracted Driving: Texting, talking on the phone, or eating while driving
Impaired Driving: Driving while under the influence of alcohol or drugs
Examples of bicyclist negligence may include:
Failure to Obey Traffic Laws: Riding the wrong way on a one-way street, running a stop sign
Aggressive Driving: Turning abruptly into traffic or swerving in and out of traffic lanes
Impaired Driving: Driving while under the influence of alcohol or drugs
If a cyclist’s negligence caused injury to someone else, the cyclist may also be held liable for the other person’s injury. In accidents involving children on bicycles, however, courts hold drivers to a higher duty of care. Anytime children are present, the amount of care and caution that the courts deem as “reasonable” increases. This is also sometimes referred to as “unusual care”.