Bike riding is a great way to exercise, but it’s not without danger. An accident between a driver and bicyclist can lead to personal injury. The party at fault may have to pay for any damage to the victim or their property. It’s not always easy to establish liability in these situations, which is why injury attorneys should be consulted to ensure justice is done. If you have questions about how fault is determined, the guide below will make understanding the method easier.    

When Is the Driver at Fault?

Drivers are usually blamed in car-bike accidents. By law, cyclists ride on the far right side of the road where drivers can spot them. Unfortunately, common accidents—cyclists getting hit with opening car doors or struck by passing vehicles—still happen. In these cases, drivers are at fault. Bicyclists are allowed to ride within traffic if the lane is too narrow. To avoid personal injury, drivers should maintain at least three feet distance between their vehicle and the cyclist, and slow down if necessary. Only attempt to pass the cyclist if there is enough space. Most car-bike accidents happen when drivers make right turns, which put them in a bike zone. Liable drivers accidentally turn into the path of a cyclist, not giving them enough time or room to react. Others take the turn too quickly without seeing the cyclist on the road.         

When Is the Bicyclist at Fault?

Bicyclists must observe the same rules of the road as drivers. Cyclists who neglect these laws could find themselves at fault if a personal injury accident occurs. Most incidents happen when cyclists don’t ride in the bike lane or ride on the wrong side of the street. This creates confusion on the road and difficulties for drivers. Not yielding to traffic or obeying stop signs would make the cyclists liable. Some cyclists ride against traffic as a shortcut, which is against traffic rules. Cyclists should also give proper signaling before turning. This lesser known rule is for the safety of the cyclist and may find them liable for the accident even if they are the ones hurt.  

If you were in a bicycle accident, set up a free consultation or case evaluation with Kidwell & Gallagher at (775) 738-1000. They have 40 years of combined experience in personal injury and worker’s compensation cases. Their compassionate and professional reputation is known throughout the Nevada area, earning them the “Top One Percent” award from the National Association of Distinguished Counsel. For more information on their practice areas, or read testimonials on their excellent service, visit their website.