When sharing the road as a cyclist, you know how exposed you can feel. All it takes is an unexpected swerve or sudden door opening to change everything in an instant. If you were injured in a bicycle accident that involved a car, determining who is at fault is necessary to recover damages for your injuries and losses.
At Hollis Law Firm, we will help you piece together the details of your case and advocate for your rights. With extensive experience in personal injury law, we know how to investigate the circumstances surrounding your accident. We know how challenging it can be to determine fault in these situations, especially when cyclists often feel overlooked or blamed for accidents. Our focus is to gather the evidence necessary to establish fault and build a strong case for you.
Common Causes of Bicycle vs. Car Accidents
Identifying fault in bicycle accidents can be complicated due to various factors. Some common scenarios where these accidents occur include:
- Distracted Driving: Distractions, such as texting, adjusting the radio, or engaging in conversations, can significantly impair a driver’s ability to notice cyclists.
- Failure to Yield: Drivers sometimes neglect to yield the right of way to cyclists at intersections or when turning, which can lead to serious collisions.
- Poor Visibility: Drivers may not see cyclists if they are not wearing reflective gear or if their bikes lack proper lighting. Weather conditions like rain or fog can also further reduce visibility.
- Driving Under the Influence: Alcohol and drugs impair a driver’s judgment and reaction times, increasing the risk of accidents.
- Speeding: Excessive speed reduces a driver’s ability to react quickly to sudden obstacles, including cyclists.
- Opening Car Doors: One of the more common causes of bicycle accidents is “dooring,” which occurs when a parked car’s door is suddenly opened into the path of a cyclist.
- Neglecting Traffic Signals: Both cyclists and drivers must obey traffic signals and signs.
Whether it’s a driver’s negligence, poor road conditions, or another factor, determining fault can be complex. A personal injury attorney can help you navigate these complexities and pursue the compensation you may be entitled to.
How Fault Is Determined in a Bicycle vs. Car Accident
Fault in bicycle vs. car accidents is not as simple as pointing fingers; rather, it requires a careful examination of the circumstances surrounding the incident.
Gathering Evidence
Eyewitness accounts can provide a clear perspective on who was at fault. In some areas, traffic cameras may have recorded the accident, which can help clarify who was in the wrong. Law enforcement will typically investigate the scene and document important details like skid marks and vehicle positions, making police reports incredibly helpful in determining fault.
Reviewing Traffic Laws
Each state has specific laws governing the rights and responsibilities of cyclists and drivers. Determining who violated these laws can be crucial in establishing fault. For instance, if a driver failed to yield to a cyclist in a designated bike lane, they might be held liable.
Analyzing the Scene
Accident reconstruction specialists may be brought in to evaluate the scene. These professionals use physical evidence like tire marks, points of impact, and damage to determine how the accident occurred and who may have been responsible.
Contributory and Comparative Negligence
In some cases, both parties might share the blame. Both Kansas and Missouri follow a form of comparative negligence. This means that even if you are found partially at fault for the accident, you may still be able to recover compensation. However, the amount you receive could be reduced based on your percentage of fault.
Contact Hollis Law Firm for Your Bicycle Accident Case
Navigating the aftermath of a bicycle accident involving a car can be overwhelming. At Hollis Law Firm, we understand the unique challenges faced by cyclists. Our extensive experience in personal injury cases enables us to investigate thoroughly and build a strong case on your behalf. We know how to analyze the evidence, review relevant traffic laws, and assess the circumstances to establish fault clearly.
If you’ve been injured in a bicycle accident, you don’t have to navigate the complexities of determining fault alone. We’re here to offer legal support, ensuring you have the necessary guidance to pursue the compensation you may deserve. Reach out to us for a dedicated advocate on your side. Call (800) 701-3672 or visit our contact form.
