Bike accident who is at fault

And bicyclists also need to take reasonable steps to avoid accidents. Speaking of injury prevention, when a bicycle-versus-car accident occurs in a city or state where the law requires the bicyclist to wear a helmet, and the bicyclist wasn't wearing one, he or she is probably going to have a more difficult time getting compensation from the at-fault driver.

Learn more about bicycle helmet laws. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.

In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Bicyclists must follow most of the same traffic laws as other vehicle operators, which means a bicyclist can be deemed at fault for causing a car accident.

Bicycles are Unique, But the Law Is the Same A bicyclist is in a unique position on the road, operating a bare-bones vehicle under his or her own power, often around much larger and faster vehicles. Negligence and Shared Fault As with most other kinds of accidents, fault for a bicycle-versus-car accident is typically based on the legal concept of negligence.

Contributory Negligence Under the shared fault rule of contributory negligence, if an individual is responsible for causing the accident in any way, they cannot recover for their injuries or damages in a personal injury lawsuit. Comparative Negligence The vast majority of states have a comparative negligence fault system in place, although there are variations in how the rule is applied. Contact us today to learn more about how a bicycle accident attorney can help.

Car drivers also face the risk of injury in an accident with a bike alongside damage to their vehicle. In the case of a car-bike accident, the driver is often held liable because they have more protection. However, cyclists who were riding negligently can also be at fault after a car-bike accident.

Bike accident law can change rapidly, and some insurance companies might not be completely up to date on how it works. We understand how to deal with insurance companies. And we always keep up to date on the latest changes to bike law. The vast majority of bike accidents occur when a rider loses control and hits hard concrete or pavement. These types of accidents can occur without any vehicle contact.

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. Having never needed the services of an attorney, I was very anxious about the whole process.

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They were tireless advocates for me yet they were also willing to be upfront and honest in their assessments of my options going forward. I never felt pressured to choose one course of action over the other. They treated my case like their own. Robert is the best attorney ever… you need legal representation. Goings and his staff did an amazing job in handling my case!

They were with me every step of the way and made sure my case was handled with my best interest at heart! The process could not have been any easier. I am forever grateful to Mr. Goings and his team. Negligent Cycling Behaviors Some people think the rules of the road apply less to bicycles since they are not motor vehicles.

Contact a Bicycle Accident Attorney Due to emerging bicycle and traffic laws, determining whether you are able to obtain damages can be confusing. This field is for validation purposes and should be left unchanged. FAQs I was hit by a drunk driver, what do I do? The Goings Law Firm represents victims of drunk driving collisions. We are offended by drunk drivers, and we fight hard to make sure those drunk drivers stay off the road and require that they pay our clients a lot of money for the harm they cause.

Because of the egregious nature of alcohol related collisions, juries can award large verdicts to punish and deter the drunk driver from doing this again. Because of this, the most important thing you should do if you were hit by an intoxicated driver is call or text our team of experienced personal injury and wrongful death lawyers immediately. If you or a loved one have been injured as a result of a drunk driver, call or text the Columbia Injury Attorneys with the experience to get you the results you deserve.

The number is Who is liable if I am injured at work? You are likely not liable if you are injured or contract an illness due to working conditions. However, workers who injure themselves intentionally, work while intoxicated, or violate safety policies, may not be eligible to receive compensation.

Discuss your eligibility for receiving workers compensation with an experienced personal injury attorney today. How long will my case take?