If you are involved in a bicycle accident, it’s important to know who may be liable for your injuries. In most states, bicyclists have the same legal rights as drivers. However, there are some exceptions that may affect who is at fault in a car vs. bike collision.
If you’re involved in a car accident with a bicyclist, your first thought might be that the bicyclist was at fault. After all, bicyclists are required by law to ride in the same direction as traffic and not on sidewalks or other trails. But what if you’re driving your own vehicle and get into an accident with someone else? How do those laws apply? In this post we’ll discuss common liability issues related to bicycle vs. car accidents at length–and give you some legal advice.
Bicycles are more likely to be involved in accidents than cars. In fact, bike accidents account for over half of all traffic fatalities each year. The reason for this is simple: bicycles aren’t fast enough to get out of your way if you hit them (this is called the ” bicyclist’s dilemma.”) However, this doesn’t mean that all people who ride bikes should be considered at-fault for any accident involving them; it just means that they’re more likely to get into an accident and require legal representation than someone who drives a car or motorcycle.
Side-of-Road Laws and Bike Lanes
Side of the road laws: The side of the road is reserved for vehicles.
Bike lanes: Bike lanes are marked or designated spaces that give bicyclists a safe way to travel in traffic.
Pedestrians: If there’s no sidewalk available at an intersection, people walking must use crosswalks instead—and those who aren’t able-bodied may be asked by police officers or other authorities not only where they are going but also why they’re going there (for example “to get groceries”). This can lead to charges such as failure to obey signs!
Who Is at Fault for Dooring Accidents?
The cyclist is at fault for dooring accidents. This is because they failed to use a hand signal and/or wear a helmet, which are both required by law. In addition, if you’re not looking in your rearview mirror before opening your door or turning around, then it’s likely that you will hit someone riding by on their bike.
The dooring driver is also responsible for any injuries sustained during an accident involving the cyclist (and vice versa). If you hit someone while driving your car and don’t even realize what happened right away—because it happened too fast!—then we can definitely give some blame back over here too. Because being distracted by checking social media while behind the wheel means missing out on potential hazards like cyclists using improper signals. While riding through intersections at high speeds with little concern about getting into other cars’ blind spots.
Safe Passing Laws
Motorists: You must wait until it is safe to pass a cyclist without putting yourself at risk of an accident. You can pass safely if you maintain a minimum distance of 1 foot from the front, rear, and sides of the bike. If you cannot do this, then you should give them plenty of space by going around them instead—but only if it’s safe for both parties to do so (for example, if there are no stop signs or other hazards).
Pedestrians: If pedestrians are present in your path but not directly next to your vehicle on either side (and don’t have any children), then yield right-of-way before proceeding through their crosswalk and onto the sidewalk where applicable.
Drivers: Make sure not only that cyclists are visible but also that they have enough room between themselves and your vehicle so as not to cause an accident or injury while passing through these intersections!
Who Is at Fault When a Cyclist Is Hit by a Passing Car?
It may be hard to believe, but cyclists are much more likely to be hit by cars than drivers. In fact, it’s estimated that every year in the United States there are about millions of car accidents involving pedestrians and bicycles.
The most important thing to understand when deciding who is at fault in a bicycle vs. car accident is whether or not you’re injured. If you’re not physically injured and no one else gets hurt either then you should focus on getting yourself out of harm’s way as soon as possible. However, if someone else does get hurt then it’s often best for them (and their family) if they file a lawsuit against whoever caused this injury – even if it means filing against themselves.
Right Turn Right-of-Way
Right-of-way on the road is a crucial part of being a safe driver. If you’re in the right lane, you have priority over all vehicles that are going straight through your intersection or turn left at an intersection (except for a bicycle).In order to give yourself the right-of-way, pull into the right lane as soon as possible so that other drivers behind you can see and react to what’s happening ahead. If they don’t move out of their way, honk your horn loudly and flash your headlights to get their attention before pulling over into another lane if necessary.
Getting More Information and Legal Help
Get more information. Get a copy of the police report and any other documents related to the accident, including medical records and photos if available.
Get legal help from a lawyer or an attorney who specializes in bicycle accident law. The best way to find one is through your insurance company (most will pay for this).
Try mediation before filing suit against anyone involved in your crash—it may save you time and money by avoiding court proceedings altogether!
Though it is hard to say whether or not a driver will be held liable for someone else’s injuries or death, these cases can be very costly. It is important that you seek legal advice from our experienced car accident attorney in Kitchener at ABPC Law, who has dealt with these types of claims before and knows how to handle them efficiently. Call us today in Kitchener at (519) 804-2429.