When bicyclists
collide with cars, the bicyclist is often badly injured or even killed. Many of
the same laws that govern car-on-car accidents also apply to accidents involving
one or more cars and one or more cyclists. Liability is often determined by
negligence. Judges and juries look at whether the driver or the bicyclist was
at fault for the accident.
Bicycle Accident
Liability
Bicyclists, like
drivers, must obey the rules of the road. That means, they must follow traffic
laws and exercise due care to keep themselves and others safe while on the
road. State and local traffic laws apply to bicycle accidents.
Bikes and
Negligence
When a bicyclist
sues for damages he or she sustained in an accident, the judge and/or jury will
look at whether the driver’s recklessness or negligence caused the accident and
whether the bicyclist contributed to or caused the accident through
recklessness or negligence.
When the Driver
Is Reckless
Drivers who exceed
the speed limit, run stop signs, and drive in bike lanes can be found negligent
or even reckless under Canadian law.
Facts, including
witness testimony and other evidence, must usually be produced for a defendant
to win a liability case. “Negligence per se” is a term often invoked in these
cases, and it means that documented violation of a traffic law, like speeding,
can be construed as negligence. If a defendant was speeding when the accident
occurred, that can compromise his or her case.
When Cyclists Are
Negligent
Drivers are not the
only ones who can be found negligent under the law. Cyclists, too, can be found
negligent if they go the wrong way down a one-way street, run a stop sign, or
turn into traffic abruptly.
If a cyclist has
been driving negligently, he or she may not be able to successfully sue for
damages he or she sustained on the road. Cyclists can be found guilty of
“contributory or comparative negligence” which means that the cyclist’s
behavior caused or contributed to make the accident happen. Negligent cyclists
can also be held liable for the injuries or another cyclist or driver. When a
child on a bicycle is injured, however, courts generally hold those driving the
car to a higher standard.
Conclusion
When cars and bikes
collide, serious injuries and death can occur. Courts deciding who is liable in
such cases will look for negligence in the actions of the driver and those of
the bicyclist. Traffic violations often constitute negligence, and both drivers
and bicyclists are responsible for obeying traffic laws. Most courts will not
find the absence of a bicycle helmet an act of negligence.
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