Did negligence cause a bicycle accident?
In California, it is common to see cyclists on the roadways, sidewalks and bike paths and in residential areas. Due to the convenience of this mode of transportation, some residents use bicycles as their primary source for getting around. However, just like motorists, bikers are tasked with following rules while traveling on or near the roadways. When an accident involving an automobile and a bike occurs, it is important to determine what the cause was, who was at fault and if negligence played a role.
Did negligence cause a bicycle accident? Both drivers and cyclists are obligated to follow the rules of the road. This not only includes traffic laws but also the duty to exercise ordinary care with regards to one's safety and the safety of others traveling on the roadways. Thus, when a crash occurs with a bike and a motor vehicle, negligence could be the culprit.
First, it needs to be established whether negligence or recklessness on the part of the motorist caused the accident, thus injuring the cyclist. Next, it needs to be determined whether the bicyclist caused or contributed to the accident. Negligence by a motorist can take many forms. This includes speeding, running a stop sign or signal, drifting in a bike lane, drinking and driving and distracted driving. If these actions occurred, it could be proven that the negligence of the motorist caused the crash.
Establishing negligence following a bicycle accident could help an injured biker recover damages for the injuries suffered. This not only proves that the driver caused the accident, holding him or her accountable, but also helps with the recovery of compensation. This monetary award through a personal injury action could help address losses such as medical bills, pain and suffering, lost wages and other related damages.
Source: Findlaw.com, "Bicycle Accidents," accessed March 11, 2018