Who Is At Fault For My Bicycle Accident?
Michael Babboni
Personal Injury
In the state of Florida, bicycle riders are treated the same as motorists by the law. They have the same rights to safety and responsibility to follow traffic laws as any driver on the road. Therefore, determining fault after an accident uses the same legal framework and expertise as an accident between two vehicles. In order to understand who is at fault for your bicycle accident, here is a basic overview about how those laws will apply.Accidents When The Other Driver Is Always At Fault
No matter the specific details of the accident, there are specific circumstances where insurance companies and courts will see the other driver at fault. Those include:
● When the accident occurred where there is no dedicated bike lane
● When an accident occurred because a car is parked in the bike lane
● When a parked car’s door opens into a bicyclist
● When a driver turns into a cyclist
● When the driver of the car was under the influence of drugs or alcohol
● When the driver of the car was distracted
Outside of these particular situations, determining fault will require further investigation.
When Either Party Could Be At Fault For The Bicycle Accident
In certain accidents, the details will help insurance companies and courts determine who is at fault, including:
Accidents At Intersections With Stop Signs: These accidents can occur when the cyclist has the right of way but the other vehicle goes. They can also occur when the vehicle had the right of way but the cyclist goes. Whoever didn’t yield the right of way in these cases, is at fault.
Accidents At Four Way Stops: The same rules apply at four way stops as other intersections with stop signs. Whoever doesn’t yield to the person with the right of way is legally at fault for the accident.
Accidents From Failing To Share The Road: Both drivers and bicyclists have to share the road. Drivers are supposed to be mindful of cyclists and give them space to ride. While bicyclists are required to stay as close to the curb as possible so cars can pass. Whoever failed to share the road will be responsible.
In all of these cases, fault will be determined by evidence. The best time to collect this evidence is right after the accident occurred.
What Do You Do When Your Bicycle Was Hit By A Car
If your injuries are severe, do not worry about collecting evidence. Go straight to the hospital. Your health is the most important thing. However, if your injuries are not bad enough to need emergency medical attention, here are some things you can do to help protect yourself:
● You report the incident to the police and get a police report
● Trade contact and insurance information with the other driver
● Get the names and contact information of any witnesses
● Take photos of your bicycle, the other vehicle, the road, and your injuries
The next thing you will do is speak with a claims adjuster. Remember, always keep in mind that the adjuster works for the insurance company, not you. Their job is to get the company to pay out as little as possible. So simply stick to the facts of the accident and never admit fault.
Recovering Damages After A Bicycle Accident
Bicycles offer little protection for their riders. So If you are hit by an automobile you probably have serious injuries. Chances are the drivers personal injury plan (PIP) will not cover all of the costs of your damages. In that case, you will need the help of an attorney. An attorney will help demonstrate fault after the accident and then fight to get you compensation for all of your injuries.
The St. Pete Lawyer, Michael Babboni, has nearly 30 years of experience helping bicycle accident victims in Southwest Florida. The best way to understand who is at fault for your bicycle accident is by calling 727-381-9200 for a free consultation. We’ll not only help you understand who may be at fault for your accident, but what your rights are to fair compensation. Give us a call today to learn more!