Who can be held liable for a bicycling accident? In many cases, it’s motor vehicle drivers who are not wary of a bicyclist’s right to be on the roads. Liability for biking injuries comes down to negligence in many situations, so proving that the driver involved was negligent is key to your case.
The first thing your attorney will ask you is if the driver caused the accident that resulted in your injuries. If so, was it recklessness that caused the accident? Second, your attorney may ask if you contributed to the accident in any way. Were you in the right lane, using signaling for turns and otherwise obeying traffic laws?
If you are not at fault and the driver was negligent, then it’s important to make this clear. For instance, if the driver was speeding around a corner and struck you, you can show that if the driver had been moving at a slower speed, the accident would either not have taken place or resulted in fewer injuries or reduced fatalities.
Knowing that the other party violated a law isn’t enough for you to win your case; you’ll need to prove that fact. Witnesses and the testimony of the driver may be helpful in your case, especially if the driver admits that he or she made an error. If he or she doesn’t, then it’s up to you to show that you were the victim. Police reports and investigation details can usually be beneficial at that point.
Our website has more information on bicycling and accidents, so you can learn more about what to do if you get hit.
