I was injured in a bicycle accident – who is liable?By Stewart J. Guss on April 12th, 2016
Bicycle accidents can result in serious and sometimes fatal injuries, and lawsuits to recover damages for injuries in bicycle accidents with automobiles often involve many of the same issues that are found in car accident cases.
In nearly all states, a bicycle is considered to be a “vehicle”. That means that cyclists must follow the same rules of the road. So, when trying to determine liability, the question usually comes down to who had the right-of-way – the car or the bike. Here are some examples of who may have the right of way:
- No traffic signals – First Arriving: Usually, when two vehicles approach an intersection not controlled by a traffic signal, the vehicle arriving first has the right of way.
- No traffic signals – Same Time Arrival: If the vehicles arrive at the same time, the vehicle to the right has the right-of-way. This is also the rule for vehicles approaching intersections controlled by stop signs. In that case, the vehicle to the right has the right of way.
- Traffic signals: The right-of-way at intersections controlled by signals is determined by the signal. If a signal sensor is unable to detect the presence of a bicycle, the cyclist can (1) position the bicycle closer to the sensors embedded in the road, and if that doesn’t work, wait until it is safe to cross against the light, or (2) cross at the crosswalk.
There are other legal considerations that come into play depending on the type of intersection and whether the car is turning or going straight through, which is why it is important to consult with an experienced bicycle accident attorney.
Contact Stewart Guss
Bicyclists who have been injured by negligent drivers or other parties deserve to be fully and fairly compensated for all of the losses they incurred as a result of their injuries.
If you were injured in a bicycle accident and have questions about your legal rights, you may want to discuss your options with an experienced personal injury attorney. Stewart Guss will do whatever it takes to get you fully compensated for your injuries, and he takes pride in treating his clients like family. Pick up the phone and call 713-766-5883 to talk to us about your personal injury case. Remember, your consultation is FREE, and you pay NOTHING until we win your case.