Are Cyclists Ever at Fault for Crashes with Cars?
When a cyclist gets into an accident with a car, you might assume that the driver of the much larger, more dangerous vehicle is always at fault. However, there are instances in which the cyclist could be at fault for an accident with a car.
If you have been involved in a collision as either bicyclist or a motorist, you could be entitled to significant compensation from the party at fault for the crash. The attorneys at the law firm of Rosen & Ohr, P.A., are ready to review your situation and discuss your options for seeking compensation.
Contact us now for a free consultation with a traffic accident lawyer in Hollywood, Florida.
When Can Bicyclists Be at Fault for Car Accidents
Everyone on the road is responsible for protecting others from harm. After all, we all use the same roads and must follow the same rules. If a motorist, cyclist, or another party is distracted, intoxicated, reckless, or otherwise negligent and causes an injury accident, they could be held accountable. That means even cyclists could be required to pay for their actions or inaction if they injure others.
Negligent Cycling Behaviors
Cyclists are required to follow most of the same rules of the road as everyone else. That means a cyclist could be responsible for an injury accident if they:
- Disobey traffic lights or signs
- Turn without using proper hand signals
- Fail to yield the right-of-way
- Ride on a sidewalk instead of a bike lane or the street
- Ride in the opposite direction of the traffic flow (against instead of with traffic)
- Follow too closely
- Ride while under the influence of alcohol or drugs
- Otherwise ride their bicycle carelessly
How to Prove Liability for Bicycle Accidents
A personal injury attorney will first need to investigate the crash to determine how and why an accident occurred. They may look at photos and videos of the accident, interview eyewitnesses, and review information in the police officer’s crash report. Using this evidence, the attorney will look to prove that negligence caused the accident.
In some instances, fault for a crash could be shared by both the bicyclist and the motorist. For example, if a cyclist failed to come to a complete stop at a stop sign, but the driver was texting while driving, both the bicyclist and the car driver could share liability.
Florida follows a pure comparative negligence law, which means each accident victim could recover compensation even if they share some fault for the crash. Their compensation will be decreased by their percentage of fault.
What Damages Could Be Recovered in a Bicycle Accident in Florida?
People injured in a bicycle accident in Florida can seek compensation for losses such as:
- Hospital bills
- Rehabilitative treatments
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Mental anguish
Contact Our Experienced Florida Personal Injury Lawyer
If you were injured in a bike accident in South Florida, the experienced personal injury attorneys at Rosen & Ohr, P.A., want to help you seek fair compensation from the at-fault party. With more than 50 years of experience handling injury cases, we are confident that we have the skills and resources to pursue a positive outcome in your case.
Contact us today for a free consultation.
