In a bicycle accident case, how do you determine who is at fault?

Determining fault in a bicycle accident case involves a thorough investigation of the facts and circumstances surrounding the incident. A bicycle accident lawyer can help you gather evidence, will investigate the accident, and can work with experts to identify all liable parties.

How Is Fault Determined After a Bike Accident?

Several key factors are considered to determine who is at fault:

Traffic Laws

Investigators will examine whether any traffic laws were violated by either the bicyclist or the other parties involved. This includes looking at factors such as traffic signals, stop signs, right-of-way rules, and speed limits.

Right-of-Way

Determining who had the right-of-way at the time of the accident is crucial. Failure to yield the right-of-way or not obeying traffic signs can contribute to fault.

Identifying Negligence

Negligence refers to a failure to exercise reasonable care. Investigators will assess whether any party involved acted negligently, such as by not paying attention to the road, driving distractedly, or biking without proper regard for traffic laws.

Visibility

Poor visibility can be a contributing factor in bicycle accidents. Investigators will consider whether proper lighting, reflective gear, or other visibility aids were in use.

Road Conditions

The condition of the road, such as potholes, debris, or poorly marked lanes, can play a role in the accident and may indicate negligence on the part of the municipality or property owner responsible for road maintenance.

Witness Statements

Statements from witnesses who saw the accident occur can provide valuable insight into what happened and who may be at fault.

Physical Evidence

Investigators will examine physical evidence at the accident scene, such as skid marks, damage to vehicles or bicycles, and the location of impact.

Video Surveillance

If available, security camera footage or dash cam recordings from nearby vehicles may provide visual evidence of how the accident occurred.

Police Reports

The police report, if one was filed, can contain valuable information about the accident, statements from parties involved, and any citations issued.

It's important to note that fault is not always straightforward, and bicycle accidents can be complex. In some cases, both the bicyclist and the motorist may share some degree of fault due to contributing factors. In states with comparative negligence laws, such as California, the compensation awarded in a claim may be reduced based on the percentage of fault attributed to each party.

How Can a Bike Accident Lawyer Prove Negligence?

To accurately determine fault and navigate the complexities of a bicycle accident case, a bike accident attorney can conduct a thorough investigation, gather evidence, and advocate for your rights to ensure you receive fair compensation for your injuries and losses. They will work with experts that can help identify all liable parties and prove negligence. Additionally, they will also consult medical professionals and other experts to accurately value your claim and ensure you recover a fair settlement for your losses.

Contact Us Today

If you were struck by a negligent motorist while riding your bike don't settle for less than you deserve. Schedule a free consultation with a bicycle accident lawyer at MVP Accident Attorneys to discuss your case and explore your legal options. Our dedicated team will fight tirelessly to protect your rights and ensure you obtain the compensation you deserve for all accident-related damages. Contact us today to learn more.