If you’re on a busy road or aren’t following the laws of the road, biking may be risky. Crashes involving bicycles are common, sometimes resulting in minor injuries and sometimes resulting in deaths. Bikes are regularly involved in major collisions because they have next to no safety from a car’s collision. It is possible to die even at modest speeds from this collision.
It may be confusing and frustrating to determine who is responsible for a bike collision, particularly when an automobile is engaged. To help you better understand who may be at blame for a bike accident, this post presents a quick review of the fundamental concepts of responsibility. Best to call The Echavarria Law Firm for advice right after the accident.
Considering the Carelessness
Carelessness may come in a variety of shapes and sizes. When an individual fails to satisfy their obligation to another person, it is considered misconduct. There are several ways to do this, such as driving too fast, crossing the road’s centerline into the pedestrian path, or without signaling. Because every collision case is unique and depends on various factors, doing extensive research before filing a claim is highly suggested.
Cyclists often file lawsuits to claim damages from accidents involving a bike and a car. To determine if the motorist’s carelessness had a role in or caused the crash, it is necessary to look at the facts of the case. The biker, on the other hand, must answer the same query.
Why Is It Essential to Determine Who Is Responsible for Causing the Collision?
The vehicle driver must be liable for triggering the collision for the biker to collect reimbursement for misery and anguish.
- A biker who is more than half to blame cannot claim
- The bicycle’s payout will be lowered by their degree of blame.
Who is accountable for a collision between a car and a bike is straightforward when the motorist of a car is solely to blame. When a biker is also determined to be somewhat guilty for the accident, a fault-based rule is applied to divide the liability between the driver and the bicyclist, complicating the situation.
If a biker is liable for creating a collision, they are not necessarily barred from suing the motorist who caused the collision for misery and anguish damages under the law. Relative fault laws are outlined below.
- The biker’s degree of carelessness must be utilized to proportionally lessen the level of misery and anguish that the rider recovers if they are half or less at blame, according to the law.
- If the biker is found to be more than half at fault for the accident, they will be barred from claiming.
How to Examine Who Is Responsible for the Collision?
Analyzing who is responsible for causing the car-bike collision is not an easy job. You have to be aware of the circumstances of both the parties involved in the collision. Moreover, it requires the complete analysis of the on-scene collision to come to any conclusion.
The aspects that play a role in determining who is responsible are who was violating traffic laws, who was irresponsible, if any of them was on drugs, and whether they’re preoccupied.
When Does a Motorist Cause the Car-Bike Collision?
Excessive speed, neglecting to stop at a red light, and making a right turn on a bicycle route without checking for cyclists are all instances of driving carelessness that might result in an accident with a riding victim. In your function as a motorist, it is crucial to remember that your automobile can do considerable damage to a bicycle and that a bicycle rider is thus particularly susceptible in this situation.
When Does a Bicyclist Cause the Car-Bike Collision?
Even though cyclists are seldom sued for their carelessness, if they threaten to evict a motorist, they may be unsuccessful since it may be demonstrated that they were also irresponsible.
Biking on the wrong lane at a one-way intersection, failing to use a posted bicycle lane, and drifting recklessly across automobile lanes are all instances of this kind of recklessness. Bicyclists who have been wounded should thoroughly investigate all of their available options before making a final choice.
Is It Possible to Claim Insurance If You Got Hit by a Car?
If you are involved in a bike accident and suffer serious injuries, you may be entitled to financial assistance. A variety of rules protect those who ride bicycles on public roads. You might be able to submit a case against the motorist who struck and wounded you if you were not responsible for the incident.
Even if you were a contributing factor to the accident, you might still be eligible for insurance. Even if you are somewhat responsible for a bike accident, you may still be able to file a case against the motorist in a state that recognizes comparative responsibility in civil cases.
This legislation would apply if the motorist were responsible for the collision in question. Your reimbursement may be reduced in line with your level of culpability.
Get a Bike Collision Attorney Today!
For an unpaid discussion with one of our skilled bike collision attorneys, and since we’re available 24/7, give us a call at any time to determine who is liable for triggering your collision. We have a contact page where you may send an email or see us if you need assistance from a knowledgeable accident attorney.
Joseph Rogelio Echavarria graduated Summa Cum Laude from the University of Texas at San Antonio, receiving degrees in Political Science and Criminal Justice. In 2007 he graduated Cum Laude from Southern Methodist University Dedman School of Law.
Mr. Echavarria started his legal career by serving two years as an Assistant Criminal District Attorney for Bexar County. After leaving the District Attorney’s Office, he joined Carabin Shaw. Since then he has concentrated primarily on personal injury and automobile claims. Joseph Echavarria remains Of Counsel to Carabin Shaw.
In 2019 Mr. Echavarria became Managing Partner of the Echavarria Law Firm. He believes the mission of the Echavarria Law Firm is to help others through difficult times. He and His Wife, Elizabeth, have made sure their family-owned practice prioritizes client attention and care, making sure their family takes care of yours. See profile Here