According to the Centers for Disease Control and Prevention (CDC), 961 bicyclists died in traffic crashes in the USA in 2021. This number has steadily increased over the years, underscoring the need to increase safety measures for cyclists.
Determining liability can be complex and tricky when a bicycle accident occurs. In such cases, seeking legal assistance from bicycle accident lawyers is highly recommended to navigate the complexities of liability.
Let’s look into what a bicycle crash lawyer does and how they can help determine liability in bicycle accidents.
Understanding the Role of Bicycle Injury Attorneys
A bicycle crash attorney specializes in providing legal representation for those involved in bicycle accidents. In addition, they are well-versed in the traffic laws and regulations that pertain to cyclists and are well-equipped to handle all aspects of a bicycle accident case.
Some of the responsibilities of a bicycle accident lawyer include:
- Gathering evidence from the scene of the accident
- Interviewing witnesses and obtaining statements
- Assessing medical records and expenses
- Negotiating settlements with insurance companies
- Representing clients in court, if necessary
Factors that Determine Liability in Bicycle Accidents
Liability is determined by several factors in bicycle accidents:
- Traffic laws: Both cyclists and vehicle drivers are expected to follow traffic laws to ensure safety on the road. If either party fails to abide by traffic laws, they may be held responsible.
- Negligence: Negligent actions such as distracted driving or cycling, speeding, and failure to yield can result in accidents. The negligent party may be liable for injuries or damages in such cases.
- Faulty equipment: If a defective bicycle or vehicle part contributed to the accident, the manufacturer or mechanic responsible for maintaining the equipment may be liable.
- Road conditions: Poor road maintenance or design can also contribute to accidents. Whenever this occurs, government agencies that maintain the road may be liable.
The Various Types of Liability
Driver Liability:
As a driver, you have a legal obligation to operate your vehicle safely, which extends to sharing the road with cyclists. Failure to yield, speeding, distracted driving, and drunk driving are common causes of driver liability in bicycle accidents.
Cyclist Liability:
Cyclists also must operate their bicycles responsibly. Running red lights, cycling on sidewalks where it is prohibited, and not using appropriate hand signals when turning are examples of actions that could make a cyclist liable in an accident.
Shared Liability:
In some cases, the fault may be apportioned to both the motorist and the cyclist, depending on the circumstances of the accident.
Tips for Protecting Yourself and Understanding Liability
Prevention is always the best course of action, but in an accident, being prepared is crucial.
Follow Traffic Laws and Safety Guidelines
Obeying the rules of the road and utilizing proper safety measures, such as lights and reflective gear, reduces the risk of accidents and strengthens a cyclist’s case in the event of a claim.
Utilize Safety Equipment and Protective Gear
Helmets, gloves, and protective clothing can mitigate the severity of injuries and signal a cyclist’s commitment to personal safety.
Seek Legal Advice
Consulting with knowledgeable bicycle injury attorneys is an important part of understanding your legal rights to determine the liable person in the event of an accident.
Let’s Be Safe!
As the cycling community continues to grow, understanding liability in bicycle accidents cannot be emphasized enough. By following traffic laws, utilizing safety equipment, and seeking legal assistance when needed, cyclists and motorists can help promote a safer environment on the road.
Remember, an expert accident attorney can help you understand liability and recover fair compensation for any injuries or damages.
Safety is everyone’s responsibility on the road, and taking necessary precautions can go a long way in preventing accidents and protecting yourself from potential liabilities.
