A good number of bicycle accidents occur at intersections. Unfortunately, most of the motorist assumes bicyclists don’t have any right to share the road. Thus, they care less when riding along with a bicyclist. Both motorists and bicyclists are supposed to comply with the traffic rules.
These articles explain common car-bicycle intersections accidents and how one can file a claim if injured through someone’s negligence.
Vehicle-Bicycle Accidents at Intersection
Every time an accident occurs, one main concern is who may be liable for injuries or property damage suffered by the victims.
While intersections cover a relatively small portion of any bicyclist, it is one of the main areas where bicyclists may be involved in an accident. The intersection angles prove to be a significant contributor of these accidents.
Any bicyclist who has been injured in an intersection and wants to file a claim should first understand the basis of their case. They need to be aware of what traffic rules may have been violated or what transpired. This will significantly help to understand who may be liable for the accident. The process of establishing liability can be better be handled by a Bakersfield bicycle accident attorney.
There are so many reasons why bicycle collisions with cars at intersections happen. Some of them include:
Lack of proper visibility – Poor visibility is one key factor that leads to car-bicycle accidents. Installing white stripes of any other color would help improve the visibility and conspicuity of the bicyclist.
Poor intersections designs – If an intersection is poorly designed, it becomes a leeway to a vehicle-bicycle accident.
Ignoring traffic rules – Some motorists or bicyclists ignore traffic rules; others don’t understand them.
Even if bicycles are smaller than cars, drivers should act reasonably when on the road to avoid accidents. Bicyclists should also ensure to keep safe by riding defensively. They should also have proper tactics to maneuver collisions.
Who is to Blame?
When it comes to road accidents, the person who failed to exercise the duty of care is held liable for injuries caused. In any vehicle-bicycle accident at an intersection, liability will be assessed by determining who had the right of way. For instance, if a driver is supposed to stop at a red light and enters the intersection and strikes a bicyclist, he/she may be held liable.
Again, a bicyclist who has no stop sign and enters into an intersection is deemed to have the right of way. In case of an accident, the driver may be held liable. And the mistake could be that the driver failed to yield.
If there are no traffic stop signs, the rule of thumb is that the driver or bicyclist who arrives first should be given the right of way. If they arrive simultaneously, the driver on the right should be allowed to move first. For instance, if a bicyclist and a driver advance to an intersection from opposite ends, the driver enters the intersection, turns left, and strikes the bicyclist; such a driver may be liable. The reason could be that the driver misjudged the bicyclist’s speed or never saw the bike.
In other instances, both the driver and the bicyclist may be at fault. In such a case, comparative negligence has to apply.
California allows for comparative negligence, here your financial recovery is limited as per your fault. To minimize such accidents, one should ensure to avoid the dangerous sections of intersections or be on the lookout when riding at an intersection. Though no one anticipates an accident, it’s advisable to keep safe.
Determining fault in such cases requires the help of an experienced bicycle accident lawyer.
You will need to Establish Negligence
To file a personal injury claim, you have to ensure that the person liable for your injuries never used reasonable care.
The negligence obtained must contribute to the accident. For your claim, you may prove that:
- The driver was not cautious.
- The driver ran a stop sign or was speeding at an intersection or any other failure to obey traffic rules.
- You suffered injuries.
Most of the traffic laws depend on state laws. Such also relates to the bicycle laws as bicyclists have the same rights as drivers. However, they are also are expected to comply with traffic rules. This way, a bicyclist can avoid unnecessary hazards. Suppose you have been injured in a vehicle-bicycle accident. In that case, you should make it a priority to look for an experienced bicycle accident lawyer who understands car-bike collisions at intersections.
Everyone has a right to use the road. If your injuries are based on negligence, you should protect your legal rights. Your lawyer can evaluate your case facts and determine who is to be held liable. With this, you explore the best strategy to achieve the most out of your claim.