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Rights of Cyclists in Traffic Accidents
Summary: Cyclists have the same rights as drivers, but face unique legal challenges due to vulnerability. Successful claims depend on proving driver negligence (e.g., dooring, failure to yield) and effectively fighting the defense's use of comparative fault to reduce compensation.
Many people think that biking is a good method to get to work or work out. But a two-ton automobile is far stronger than a bike on the road. When a cyclist is involved in a traffic collision, they often become very hurt, thus it’s very important that they have the legal right to compensation.
At Pyramid Legal, we think that cyclists should be fully protected when a careless driver violates their rights because they have the same rights and obligations as drivers of motor vehicles. In a traffic collision lawsuit, a cyclist’s legal rights depend on showing fault and successfully countering the defense’s efforts to transfer blame.
1. The Right to Go: The Rules Are the Same
A bicycle on a public road or street is considered a vehicle operator by law and must follow the same laws as vehicles, including as stopping at signs and lights, yielding when necessary, and signaling turns. This dual responsibility is important: the bicycle has the right to use the road, but the defense will look closely at how well the cyclist followed the traffic laws.
But a simple mistake on the driver’s behalf, such not seeing the cyclist, often violates the cyclist’s legal rights. Drivers typically don’t check their blind spots or allow bicycles enough space because cyclists are smaller and move faster than people walking.
2. Finding Driver Negligence: The Foundation of Your Claim
To win a traffic accident claim, you have to show that the driver was careless. For bicycles, this usually falls into one of these frequent kinds of fault:
- Not yielding at turns and intersections: This is the main cause of bike accidents. When a car turns left or right, they often don’t see the cyclist or don’t realize how fast they are going.
- Dooring: Occurs when a driver or passenger opens a car door into the path of an oncoming cyclist. This is an obvious act of negligence that is often against the law in many states.
- Improper Passing: When passing a cyclist, drivers must keep a safe distance, which is usually at least three feet, depending on the state. Direct negligence is when you break this law and force a bicycle off the road or into anything.
3. Fighting the Argument of Comparative Fault
The defendant’s insurance company doesn’t often take complete responsibility. Their main strategy is to argue that the cyclist was at fault in some way, such as by running a stop sign, not wearing bright clothes, or cycling slightly outside the marked lane.
A personal injury lawyer from Pyramid Legal gets ready for this defense right away. We collect proof, such video footage, police reports, and witness accounts, to show that the motorist was mostly at fault and the cyclist was only a small part of it. This is important because even a small amount of blame can make the amount of money you get for medical bills, missed income, and pain and suffering go down a lot.
If you were hurt while riding a bike, you have more rights than just getting medical care. You also have the right to get money for the particular pain and long-term costs that come with being hit by a car.
