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This content is for informational purposes only and is not intended to provide legal advice.
The fault is often placed on the driver in accidents involving bicycles and automobiles because cyclists have protection. However, there are situations in which a cyclist is liable for the accident. For example, if a cyclist rides on the wrong side of the road or ignores traffic signals, the cyclist can be considered negligent. It is important to keep in mind that drivers still have a high standard of care when it comes to accidents, and figuring out who is liable for the collision can be complicated.
What Happens When Cyclists are Negligent
If a cyclist engages in negligent behaviors that lead to an accident, n some states, the cyclist will likely be assigned contributory negligence in some states. It means that the cyclist was partially responsible for any injuries they suffered and won’t receive a settlement. However, for instance, other states – like Kentucky – use the comparative negligence law system, where liability is divided between the parties involved in the accident. It means that the driver and cyclist may be awarded some compensation, distributed between both of them in percentages.
In all car vs. bicycle accidents, it is crucial to work with a lawyer in your state to ensure that the settlement amount is as fair as possible. To continue with our example, if your bicycle accident occurs in Kentucky, a Kentucky bicycle accident lawyer can assist you through every step of your accident case. Once you bring all the evidence to your attorney, they will investigate the details, depose witnesses, study the police and experts’ reports, give you the best advice, and work with you to negotiate a settlement with the other party.
One of the biggest issues in these accident types is insurance companies, who always want to pay less than you are due. However, a reputable lawyer in your state will ensure you get the recovery you deserve, in or outside the court of law.
What Are Negligent Cycling Behaviors?
Some people think that cyclists don’t have to abide by the road rules as drivers do. However, cyclists are obligated to stop at traffic lights, use signals before turning, and ride in the bike lane. Cyclists must also yield properly and ride in the flow of traffic. Failure to adhere to these rules constitutes negligence.
It is also important to consider the “tender years” doctrine. It refers to the notion that children are not capable of contributory or comparative negligence. As a result, young children can not be expected to use a reasonable standard of care on the road. For this reason, drivers have the duty of care for all children (under the age of 18 years old) on bicycles.
However, if the investigation and law find the car driver completely innocent of the child cyclist accident, the child’s parents/tutors will be held responsible.
What to Do If You’re In an Accident with a Cyclist
If you’re in a collision with an adult cyclist, there are a few things you should do.
- Stay calm. Even if the accident was the cyclist’s fault, it’s important to remember that a car is much larger and heavier than a bicycle. In addition, everyone involved will likely be in a state of shock, so try to be as level-headed as you can to avoid an argument.
- Exchange information. You should get names, addresses, and insurance information from everyone involved in the accident. It’s also best to get the license plate numbers of involved vehicles and the bicycle’s serial number. Even though you’re gathering information, you should not discuss liability with the other parties since this could impact the amount of your settlement.
- Call 911 to have paramedics on the scene if anyone got hurt and police officers to investigate the scene and issue a report.
- Call your attorney. The sooner they get on your case, the bigger chances you have to settle matters in your favor.
Consider Third-Party Liability Insurance
It’s a good idea to add liability coverage to your insurance policy, which will cover damages to property or persons if you are liable for an accident. For example, it can cover all or part of the cost of an accident if you’re involved in a crash with a cyclist.
Rely on a Specialized Bicycle Accident Attorney
Keep in mind that traffic and bicycle laws are changing, confusing the determination of fault for a collision. If you are in an accident, it’s important to receive legal assistance right away to increase the chances of receiving the full amount for your settlement. If you contact the insurance company after the accident, there’s a chance that the claims adjuster will try to give you a much lower settlement than what you deserve. This is why having legal representation is so important.
When you have a lawyer on your side, you’ll have a professional to negotiate with the insurance companies on your behalf. Along with the evidence you present in court, it will increase your chances of receiving fair compensation for injuries and damages.
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