Despite the fact that bicyclists are usually the most vulnerable party in an accident involving a bicycle and a car – with cyclists accounting for 2 percent of traffic fatalities in the United States – the determination of fault in such accidents is not that straightforward. Each bicycle accident is unique, and liability is determined based on the specifics of the incident. The legal considerations in determining fault in cases where a bicyclist hits a car include:
Negligence. One of the primary legal perspectives used to establish fault in bicycle accidents is the concept of negligence. Both bicyclists and motorists are required to obey traffic laws and exercise reasonable care. If either party fails to do so and that failure results in a collision, they may be considered negligent and found at fault.
Right-of-way. Failure to yield the right-of-way when required can be a significant factor in determining fault. In many jurisdictions, bicycles are treated as vehicles and have many of the same rights and responsibilities on the road as motorized vehicles.
Traffic violations. If either the cyclist or the driver of the car violated any traffic laws, such as running a red light, this can be an indicator of negligence.
Local and state laws. Bicycling laws can vary greatly from one state to another and even from one city to another. Local statutes and ordinances might influence how fault is established in an accident involving a bicycle and a car.
Despite the common belief that you must “blame the car driver, not the bicyclist,” the justice system must examine all the facts objectively. Making general assumptions about the fault in any vehicle collision situation is a misconception without a detailed review of the evidence. The fault is assessed after considering the actions of both parties, the conditions of the road, adherence to traffic laws, and expert witness testimonies. That is why you may need the assistance of a bicycle accident lawyer when trying to prove the other party’s fault.